Alexandria daily gazette, commercial & political. [volume], November 26, 1811, Image 2

About Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812

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juursKii wjlu>r sieettb.
COJ IMERCIAL & POLITICAL.
FRIXTF.D AXD ?VBLI*HKI> BY
SAMUEL SNOW D E N,
ROTAL-SYREEf) ALEXANDRIA*
Daily Gazette^ 6 Dvilars.
Country Gazette, 5 Dollars.
TUESDAY, NOVEMBER 26.
[From the X. T. Evening Post, -Vov. 18.]
By a passenger in the Maria Louisa, we
have been fevered with a number of French
papers, but they contain very little news. The
following article, however, which we have
translated, we think may be of some impor
tance to that vigilant officer, the Surveyor of
the Port of New-York, who in his zeal to
prevent importations from Great Britain and
her Colonies, seizes New-England Rum.
HOW TO ENFORCE A NON IMPORTATION ACT.
From L’Indicate ur de Bordeaux* S'fit. 10.
. provost c6urtof agen.
Jean Burgalat keeps an Inn in the com
mune of Saint-Beat, department of the Up
per Garonue, on the extreme frontier, and
upon the line of the Custom-IIouses.
The Custom-house officers having surpris
ed a woman who was coming out of Burga
lat's stable, and carried under her petticoat
lour kilogrammes (about nine pounds) of cof
fee, made a search in that stable : they found
hidden there, part in a pigeon house, and
part in an old basket under a quantity of
feathers, some Lags of brown sugar, which
tnev seired.
Burgolat being cited nrst before the ordi
nary tribunal of St Gaudens, and afterwards
before the couit, ut the hearing on the 3d of
this month, maintained that he could not be
condemned to the penalties of the law, be
cause those penalties were pronounced against
him er.ly who should be taken in the act of
Introducing, or who should knowingly conceal
or secrete prohibited goods.
He observed that his stable and barn were
separate:] from his house by the public road ;
that at the time of the seizure he had at his
house a great number of travellers and mu
leteers, who had doubtless carried and hidden
in his stable the brown sugar that was seized;
tliat he knew nothing of it; that it was even
impossible for him to know it, because, during
the whole of the night preceding the seizure,
he had been absent from home, in search of
some oxtn belonging to the state, that had
escaped from his stable. Lastly, he observed,
that it would be unjust to punish him for not
having foreseen and prevented the depositing
of the sugar, whin the custom-house officers
and the gendarmes who keep their horses in
his stables, had not themselves perceived it.
These arguments, though urged with ear
nestness and ability by Mr. Chaudordy, Bur
galat’s counsel, could not succeed in opposi
tion to the provisions of the law and to the
decisions of the Court of Appeals, which de
clare guilty of contraband, and liable to pun
ish meat, every person w in* is found having
in his house or its appurtenances, any prohi
bited goods ; unless he proves that they
were carried thither unknown to him, and
points out the person who so carried them.
The law is still more severe with respect to
Innkeepers, for it does not even permit them
to make such proof; and declares them guil
ty upon the single fact of possession.
* ..1 , ___l ._ ~ .1_
UUr^aitU >*** lALUOCU VV# M 1A V* V/A wiHVV
trnvci the value oi* the goods seized, to im
prisonment in the house of correction for 5
months; and to remain, during three years,
under the inspection of the government.
Remarks.—The above will probably be of
use to oar custom-house officers, in giving
them notice ot certain pljces o» concealment
which they might not oilier wise have sus
pected. It may likewise be oi service to our
National Legislature in forming their con
templated additional restrictions on commerce.
It will remind them of the necessity of insert
ing a clause in the /<» tv forcii % taw to prevent
ladies from i.. pc rung pr.mid articles i«
the manner above mentioned.
mm ♦ w*. i »
BOSTON, November 19.
LATE FROM rUKTUC:.1L.
Yesterday arrived at this port the ship Tar
tar, captain Scott, in 29 days from Lisbon, and
brought papers to the 18th ult. No new event
of gre~t importance hud occuired ; but in se
veral parts of Spain, a!:cl on the frontiers of
portend, there were military movements
which indicated that active operations were
about to be flpcom mer.ced.
Lisbon, October 13.
In the south of Spain, general Bailestcros
obtainc 1 some advantages over the French on
the 25th, and it is said took their Governor of
Malaga prisoner.
The Spanish Cortes and Regency renewed
their oaths of fidelity to their country and Fer
dinand, and of hostility to the French, on the
24th of September. ,
Accounts from Valencia are to September j
6, when ;t was safe, and the inhabitants in
good spirits.
Valbnca de Alcantara, Oct. 4.
The French convoy, to succor Ciuuad Ro
d' i:o. entered that place on the 24th uitimo
y ,cu:cl bv a 2,000 men, commanded by the
X x of R gusa. The British troops retired.
Qn the 25th, 12,000 French, including 3 or
* 000 e»ra!ry, made a fruitless sally »g*inst
the Anglo Portuguese.
The late Usbon papers contain no despatch
es from lord Wellington.
A letter from Lisbon of ''etober 16, men
tions, that the price of corn was 400 rs. pci
asquer. About a dollar per bushel.
NEW-YORK,* November 31.
The United States’ sloop of war Ilornet has
not vet sailed for Europe. We understand,
however, that two messengers, Lt. Biddle
and Mr. Taylor, left Washington on Tuesday
last, for this city, one destined for Prance,
where the Hornet stops first, and tr.c other
for England.
It is staled in letters received yesterday
from Washington, that J'dm Quincey *ldams,
Esq. our Ambassador at the Court ot Russia,
has been appointed minister plenipotentiary
to the Court of St. James ; and that he will
be advised of this appointment by the Hornet.
This is the report.
PHILADELPHIA, November 22.
Captain Roberts left at Madeira 14th Octo
ber ship Eclipse, \\ elsh, for Philadelphia in
6 days; brig Venus, Bryon, just arrived from
Cadiz; brig Sally, Wibber, do. in 63 days
from Norfolk, and brig Louisa, 42 days from
from Alexandria. Oct 17, Madeira in sight,
; passed a ship bound in supposed to be the
| Stranger, of and for Philadelphia. November ;
’ 9til lat. 32, 39, long. 72, 06, N. passed the
j wreck of a brig laden with lumber, dismasted
j and full of water ; she appeared to be North
! err, built, the name on her stern being nearly
j washed off.
1 The ship Jupiter, Wade, arrived below,
1 left at Cadiz, October 6, ships Louisiana,
i Shepherd under quarantine ;—Portsmouth,
from Baltimore, discharging ; 1 om. Hazard,
N. Fork, do; Factor, Johnson ; Recovery;
i brigs South Carolina, Singleton, to sail in 10
1 T 1 - 1 1 . 11 . L. .. r#. 1. I ) .M |.| fil'd 1 t> 1 A •
Orion, of NT York, sailed same day for Isle j
May ; Morning S*ar, discharging ; Superb,
do ; Success, do ; Juno, do ; Pallas do ; He
| lin, do ; schr. Hope, do. The ship Eiiza, of
; New-York, in attempting to get out on the
4th October, got so near Catalina Castle, th.et
the French fired a number of shot at licr and
I so injured her masts and hull that *ne could
j not proceed to Gibraltar where bound.
November 23. ■
Tho Expedition mentioned some days since
; going forward from Cadiz to Rota, was, we
1 are informed, only a feint to draw the atten
! tion of the French to that quarter, wi.il; a
I larger body of English and Spaniards meant
! to attack in another quarter, but their inten
tion failing they returned to Cadiz.
BALTIMORE, November 23.
Arrived brig Father Sc Son, AY van. 23 days
from Cape Henry (Hayti). L ft schooner
Mariner, Ellis, trom Baltimore, the only A*
merican there—The brig Hornet sailed for
Alexandria a few days before. Spoke no
thing.
NORFOLK, November 20.
On Saturday night, between the hours of,
nine and ter , a man by the name of Miles
was taken from his house, and carried thro*
the principal street in the town *o the biidgc
which passes over the Eastern Branch of Eli
zabeth river, and therre tarred and feathered
RICHMOND, November 22.
C.iSF OF MYKHS. ;
The reader will recoil *ct dial this case was !
adjourned on account cf its novelty ;u.d diiL- j
culty, from the Circuit Court cd Norfolk s
County to the General Court (w'ure all the J
> Circuit Jvulyc/. sit together.) The Gener.l ;
! Court took* it up, on Tuesday the i2di inst. •
| 7 Judges being picier.t, viz. \V bite. Cai rn.g- j
j ton, Stuart, il- hues, B’*ocken'orough, Smith i
! anti Aden. Messrs. Tazewell and Taylor :
of Norloik and Wirt of tnis city, appeared j
! for the accused : The Attorney-General, Ni- j
| choias, for the Commonwealth.
Great ingenuity and research were clis- ;
, played, on bpth sides. The Attorney-Gene- ,
i ral occupied the Court on Tuesday—Mr. j
Taylor on Wednesday—Tazewell on Thurs- {
day—Wirt on Friday; and the Attorney-Ge- j
neral dosed tlie case on Saturday. The cu- ?
rlosity of the public was strongly excited by ,
the question. It was not only the fate of My- !
; ers which was at issue, but some of the most
material points of the criminal law. OnTues- .
day, Mr. White, the presiding Judge of the
CJuit delivered at great length the united de- •
liberations of all the Judges—wc shall lay
hereafter a copy of this opinion before our
1 readers; at present it is only necessary to :
\ state, that its retufts on the most material
points are embraced by the following order of .
the Court which was entered up on Wednes- .
day last:
Commonwealth!
vs. > Case adjourned, &c.
Myers. J
The Superior Court of Norfolk county hav
ing with the i«sent ol the Prisone**, Samuel
Myers, adjourned to the General Court the
following questions of Law, viz.
Ftr.»t. Whether a Court of Examination
hath power to acquit a prisoner charged be
fore them wi:h murder, of the Murder with
which he stanus so charged, and to remand
the said Prisoner to be tried in the Superior
Court for Manslaughter on account of the ;
j same Homicide- j
Secondly• Whether a prisoner acquitted by
! the Examining Court of Murder ami remand
! e<i to be tried before the Superior Court for
Manslaughter on account ol tiie same Homi
cide. but indicted in the said Superior Court
for Murder on account of the same Homicide,
is entitled to be bailed by such Superior
Court after the discharge ol the Grand Jury
who found no other Indictment against him.
And any and all the other questions ol Law
arising upon the pleadings—
The Court having maturely considered the
said questions of Law after the Argument of
the Attorney-General and Council lor the
Prisoner ; arc unanimously of opinion and do
decide:
1st. That a Court of Examination have not
power to acquit a person charged before them
vrith Murder, of the Murder with wnicli he
stands so charged, and.to remand him to be
tried for Manslaughter in the Superior Court
ou account of the same Homicide.
Secondly. It is further the unanimous opi
nion of the court, that the Examining Court
being legally incompetent to control the pro
ceeding of the Superior Court upon the case
of the Prisoner remanded by the Examining
Court to the Superior Court for a felonious
Homicide, it was lawful to indict the Prison
er lor Murder, notwithstanding the discrimi
nation bv the Examining Court as to the
grade of Homicide, and being so indicted, the
said Prisoner was not cxtitled to be bailed on
the ground of No Indictment being found a
gainst him for the offence of Manslaughter.
The Prisoner having pleaded three pleas
in bar by the leave of the court in substance
as follows:
First, That the Prisoner was charged with
the Murder of Richard Bowden, examined for
the same before a court legnlly constituted
and found not guilty of the Murder aud that
he ought not to lie remanded to the Superior
Court for trial therefor.
2d. 1 rut the Prisoner was charged with
the Murder of Richard Bowden, examined for
tl:e same be lore a Court legally constituted,
and found not guilty of the said murder, and
that he ought not to be remanded to the Su
perior Court therefor, hut ought to be tried
for the offence of Manslaughter in the Supe
iior Court of Law to be held at Portsmouth,
See.
3d. That he was duly charged, examined Sc
tried for the murder of Richard Bowden be
fore a court legally constituted, and upon this
uiai and examination was duly and legally ac
quitted of the said Murder and Felony with
which lie stood charged and was adjudged bv
the court not guilty thereof—To each of which
picas, the Attorney for the Commonwealth
demurred generally and the Prisoner filed a
joinder thereto, and the Matters of Law ari
sing thereupon having been duly considered ;
the Court doth decide :
That the first pica affording matter in bar
of the Indictment, and well-pleaded, the de
murrer thereto ought to be over-ruled, and
the plea held good.
That the second plea stating a proceeding
by the Examining Court which the Court ha*
decided in answer to the first question to be
one exceeding the jurisdiction of that Court,
•loes not afford matter in bar of the Indict
ment and therefore a> to that plea the demur
rtr ought to be held good and the plea over
rid* d.
That the third plea affording matter in bar
of the Indictment and well pleaded ought tc
be held good and the Demurrer thereto over
ruled—Which is ordered to be certified to
the Superior Court ol Not folk County.
From this erd*r it appears, that the Coun
sel for Myers have thus far substantially at
tained their object, but through the misplead
ings of the Attorney for the Commonwealth
who served in the court below. The counsel
for the prisoner, h-.d filed 3 pleas : to which
the attorney put in what they call, a general
demnrrtr. Now, a demurrer always admits
the facts, which are stated by the opposite
party to he true. One of these picas, for in
stance, stated, that Myers had been duly ex
amined, and acquitted of the Murder and Fe
lony. The Demurrer thus admitted the very
fact which was at issue.
It is impossible as yet positively to say in
what way this case will finally end. Judge
White at the close of his opinion,' added, that
there was one point which the Court had not
yet undertaken to decide ; viz. whether the
Commonwealth could mend its pleadings,
that is, withdraw its demurrer &c. Uc. This
point wa9 waved by the bar, and it was un
derstood to be one which would fairly lay over
for the court below'. It was also suggested,
that the Counsel for Myers would move two
of the Circuit Judges (Neison and Semple
were mentioned,) fora writ of Habeas Cor/rus
to bring Myers before them, and attempt to
bail him under the Act of Assemb'y. And
when the Circuit Court meets in the Spring,
the question may then be discussed, whether
the prisoner be finally discharged or the
Commonwealth be permitted to mend its
pleadings.
Yet let this question go, as it may ; the de
cision of the General Court is important, as
it serves to fix the rule in the Examining
Courts ; that most important link in the chain
of-our criminal jurisprudence. The practice
in these courts seems hitherto to have been
extremely vague and uncertain. But the on
ly questions, which seem now to come within
the pale of the law, as expounded by the de
cision of the General Court, are these :
1st. Shall the Prisoner be discharged f ^
further prosecution, or remanded for trial >
2nd. it remanded, shall he be tried in
Circuit, or in the County or Corpora.k a
Courts ?
-—mm
PRIVATE CORRESPONDENCE.
[Communicated for the Federal Gazette.
Bordeaux, 9th Sept. 181!
Sir,
Since mine of 9th ult. very consider^
sales have been effected in sugars and coff^
at advanced prices.
Indigo, pearl ash, cod fish, deerskins, Bu
cnos Avrts hides, rice and cochineal, are of
ready sale at the prices quoted. Little 1, *
been done in ccttons, on account of the hrpe
public s.ies soon to take place at Antwerp, „ j
government account. Tne general opiui< ^
is, however, that the article will rather ri c
than decline in price.
We are anxious to learn the issue of thj
present discussion between the United State*
and England, as it will determine what trace
you may have with this continent
Our objects of exportation remain at by
rates, especially silks.
October 1.—Since the date of the above, the
duties on hides have been reduced to 16 irancs
per quintal, and rice twenty-eight centimes
only As the last crop of wheat has proved
very scanty, the prices have risen very con
siderably ; it is now at 22 to 23 francs, p>jr
boisseau, equal to 2 1-7 American bushels,
and flour is 62 to 63 francs per our barrel of
2u0 lbs. In consequence this government has
issued a few licences freeing the consignee
from the obligation of exporting goods lor the
nett proceeds of rice ; he may remit either in
merchandize or bills of exchange. Rice, like
all productions of the United States, may be
imported without licence, but the contrcva
leur must be exported two thirds in silks_
It is hoped that Mr. Barlow may succeed in
changing this regulation, and in obtaining a
reduction of duties on cotton, fee.
PRICES CURRENT
flord'uux* October l, I8ll.
ASH, pot qt. 65 a 7q fs. duty 16 fs. 50 cts.
CINNAMON, Ceylon .h. 20 a 22 fs. duty
11 fs. China or Cassia 9 a 12 fs. duty 7 fs. 70
cts.
CLOVES lb. 8 fs. a 8 fs. 50 cts. duty 3 fs.
30 cts.
COCOA, Carraeras lb. 3 fs. 75 cts. a 4 fs.
Island 3 f.s. 65 cts. duty on each 2 fs. 75 cts,
COCHINEAL lb. *60 fs. a 63, duty li
fs.
COFFEE, lb. Martinique and Guadalnupe
3 fs. 80 a 4 fs. 50 cts. (St. Domingo and Ha
vanna 2 sous less.) Bourbon 3 fs. 80 cts. a 3
fs. 85 cts. Moka 5 a 5 fs. 40, duty on each 2
fs. 20 cts.
COTTON, Fernarnburg qt. 800 a 825 fs.
Cayenne and Surrinam 725 a 775 fs. Geor
gia long. 725 a 800 fs. duty on each 440 fs.
St Doming >, Martinique Sc Guadaloupe 675
a 75o fs. Georgia short 473 a 535 fs. duty on !
each 380 fs.
FISH, dry cod 80 fs. green 55 a 60 fs. du
ty on each 5 fs. 50 cts.
' FUSTIC 55 a 60 fs. duty 27 fs 50.
GUM, Arabic ib. 2 a 2 fs. 10 cts. duty 41
cts.
HIDES Buenos Ayres, qt. 125 a ! 35 fs.
Island 100 a 105 fs duty on each 16 fs. 50 cts.
INDIGO Bengal and Gm titn, lb. 13 a 23
fs. C..r*.ccas 13 a 22 fr. Isle ol France 9 a
16 fr. Louisiana 8 a 13 fs. duty on each 4 fs.
95 cts. j
I.OGWGOD qt. 60 a 80 fs, duty 44 fs.
MAHOGANY, 40 a 60 Is. duty 27 fs. 50
CIS.
OIL of c<m! qt 70 a 78 fs. Whale 65 a 70
fs. duty 13 f:;. a 75 cts.
PEFPER, he vv lb. 4 fs. 40 cts. a 4f. 45 cts
light 4 fs. 15 cts. 4 fs. 25 cts.
PIMENTO 3 fs. 50 cts. a 3 fs. 75 cts. duty
on each 2 fs. 20 cts.—Quercitron, qt. duty 16
fs. 50 c»s.
ROCOU lb. 3 fs. 50 cts. a 3 fs. 75 cts. duty
1 f. 10 cts.
RICE qt. 45 a 55 fs. duty 28 cts.
SKINS deer shaved lb. 3 a 4 fs. in hair
(skin) 4a 5 fs. 50 cts. bear iO a 15 fs. duty 28
cts.
SHELL tortoise lb. 40 fs. duty 8 fs. 25 cts.
SUGAR vliitc clayed (jt. 400 u 455 fs. brown
do. 355 a 395 fs. duty on each 220 fs.—Mus
covado 340 a 390 is. duty 165 fs.
TEA hyson lb. 11 a 12 fs. hyson skin 8 a 9
fs. duty on each 4 fs. 95 cts. Bohea, duty 83
cents.
TEETH elephant’s lb. 11 a 18 fs duty 2
fs. 20 cts.
TOBACCO, Virginia, Carolina, Maryland,
in entrepot
WHALE BONE qt. 120 a 150 fs. duty 33
fs. 66 cts.
WINE red common cargo on board ton
240 a 59 fs. East India do 269 a 300 fs.
VINEGAR, white
BRANDY, 1st pf on board (50 vel.) 212 s
220 fs. 4th do. do. 260 a 265 fs.
OIL of olives, per 12 bot. 20 a 21 fs.
VERDEGREASE lb. 2 fs. 0 cts. 2 fs. 42
cents.
EXCHANGES.
On Amsterdam, at 3 usances*—57 gro*ts
bco. per 3 francs.
On Hamburg, at 3 usances, 25 1-2 shills,
bco. per 3 fs.
On London, at 60 days sight, 18 a 20 frs.
per ^-sterling. .
On United States, at 60 days sight, 4 75
fs. ptr dollar,