Skip to main content
The largest online newspaper archive

The Evening Post from New York, New York • Page 2

Publication:
The Evening Posti
Location:
New York, New York
Issue Date:
Page:
2
Extracted Article Text (OCR)

At AUCTION, IY tPFMAN, "5ETON fc Co. i JUNIIAM tt- DAVIS, t. TTIIli Proprietors give notice, that they will JL rcocw the "It. ol "Lou at'PswIet-Hook, alhe 1U day June instant, and continue them tbe I3tli and I4tn, the tamo place, on which s4Ti ihty intend positively ioi.llbmeio one and two hundred af the mutt ratable Ms. The tales will commence at ft'tlmH oo each tiny, and the ttrmt wiime tnetamaM Miurc.

will nostnoifed to the sue. ceciiing ajys, wiirr win P. torn inclining to purchase at private tale my. ni.l to Mr. stkPHEK COOFfcK aiPowlot-HiHik, otto Mr.

DiY, Pineitttect, Om of th wharves is began s4 it ttptcted will ooo enri tea, ana persons Btamiujru rfi.n i4.n itv4 iwvulmtmf the erouitd. Per- torn who are inclined to kiM some of Ihe Lou for 31 years, may be accommodated on very savants geouatermaby applyisgsaaUove Tun mu muniHcntuiiHi bovine been math 4 tbe nature of the Powlet Mook property, the wntrs thinx it not imni It not a letsehold, but AWstaie, suhjtet to an tit 9 annual rent cnarf a iiAUU KtM hPKCllLATlON FOR Salt a Feimda Elephant, lately import-, od Ir.mt the East IMici. She it about 4 yean and it rapidly ati.usiin (he eaorfninjs size ft-caliar thin aninul At present the about 7 feet hlh, feet Ion front the end. of her Proboj Kit to the eatrcme part v( the bodr, and lre in proportion. She rinturkably docile and liiolfcniive and it attended by a keeper, a tivc of Bengal, whe will be of great trnrlce to a purchaser.

Apply wthetifn of the Siting 8wn, Manbo. rotiKb.tircet, Itoiinn. My 99 3v ROBKHT DUNLAP, A MrrclMnt 'Jlpytor, ST Chatham Meet, RETURNS hit sincere thunki to bit cut. lomera and the public in general for their pau favort, and hopetb atrict aitemion to hit bntinett, to merit a contnmnee of their nironage. N.

B. Ment wearing apparel of every deeription inade on ihe thortest notice and thould any gar-merit made for a gentleman, not bt Mm, he it at liberty to return it free of expence. June' 6. 3m TO PRINTliRJit THE following 1'rinting Materials will be told a great bargain, 11 immediate application ii'made, and a liberal credit given tor approved en. doncd noict, vis.

two Printing Prettet, one new aod very complete one fount Brevier, never lacked I one fount new Black Letter, of different klndt one large marblo Imputing Stone Chaiet, u( difcreM kindt Callioaj Cumptuing tuck 1 1 Framet, with rackt and dia wen, and many t)erarticlet. Apply at A Water-itrcet. funs I- tf lj.nl Uftrmnt. FOR SALE, or to Lea for a term of yean a tmall Farm and. Dwelling House, fcc.

ntua. ted in tycitchetter county, lately the residence ol Col. Jamea Thompmn, deceased. The houso it ituated on the man road leading from Peckikill landing to the Red Mills, 3 1-8 miles fiom the land ingtand I t- from the pott-ioad to Albany, plea, aantly titnated. and newly built In a modern atyle.

It conumt a ttore ready and ar room lot liquors, ate. on the first floor, neat sitting roomt, entry aod a kitchen on the next floor, and three "bed rooimand aicrvtntt garret above. There ita newly built burn and ttahle, capable of containing 6 lionet, carriage, tleigh, fcc. a new tmonk-houie, and tuiuble out-huutes, and a never failing well of excelleni water. There It a large garden, well stocked with currant bnthei, gooseberries, atraw.

berries, asparagus bed, lie. next to which it a large young peach orcbard, in full perfection, and of superior ifavor i there are alto 30t grafted apple treet. now bearing fruit the front of the l.md and ouic it with a row. of lombordy popn. i 1 1 1 I Mottm ine lano n.irnccnncwiy miu uvin -ver.

On the premisei mere is biio miijiio silent, fit for a semnt or mechanic, and La I At' The ttand it excellent for a ttore, liat beef, cu nfA it such fur tome time past, and alwaytitom mnnded a targe snare wi coumiy mninni. tUr Iimu ii uncommonly lalubri esit and con- liealthy, and surhcienily near to command veniencet of the village of Ptektk It would form a comfortable and cheapf retreat for a family during the hot inonths, and wdbld an-iwct well for a retail city trader, ditpoiedkrt con. tinue hit butinest there during a part of thtktum mer. It hat hecu lately put In complete repLr. The terms will be made quite caty.

For further particulars enquire of John HakSon, on tht premitcs, or of the PMtetajon maybohadimmediatety. 1 THEODORE T. TALBOT, March 9 PfcH tf 63 Pine-stret BOARDIKG ant. Accommodation for a few ffci If mm, during the summer, at tlie pleaunt situaii of A. HAHDENBUOOK, at the Four-Iile Stout on the Boston Pom-road.

Every exer-tlon will be made to retidfr the jvlixce agreeable Cood LinUora, and a prxl table will never be wanting. This la at healthy a retreat at any on the land. June 7" lw M. NASH'S CIRCULATING LIBRARY, 313 PKARL-STHEETj ooBNia or FEaaY-tiaaar. 1 'rxsm.

9 doHart and 50 centt pet year. dullart for months. I dollar and centt per quarter. 40 centt per month. AMONG the late addition to this Library, are the following, via Atcrln's Travelr th rough Sweden, Finland, and Lapland, to.

the North Cape, in volt, with plates. Alto, the following Interesting Novels, vie Zslda, or the Dethronement of Mubammcd IV. including alto; the KcaotUul Unknown, by Kouebue Amelia Mrw- Held, in 4 vols, by the author of Malvina and Clair d'AIbe Kofcrde Chrcudon, in 2 volt, by Clara Reeve Muteland Vale Maurice, a German Tale, te tolt. Aurora, or the Mysterious Beauty, -in ft tots, i rate ot nctiier, in vols. -The jwoptietof respectfully tolicin) acontinuanre of favors from hit friends and foKncttutivmcn, and entreats those v.

ho have deuined Bookt for a long time, to be puiKtual returning them. 'The Library will be open at the tame hours as formerly, Trum 6 to 9 o'clock. In the eveoing. Cni- aimm will ptcase to call at the door in rerty ctrcex. Jl.nel lw Attubltthmcnt at Canton, in China.

THE subscribers give notice, that they have formed a commeicial Establishment at CVv in China, with Mr. arm EPHKA1M BUMSTCAD fc Co. whose services in tbe purchase of China Goods, Sales of Mcrthan-dize, or tbe transaction of other tsutinett, they now ti'nder to their friends and the Tbe terms tm whidi theV esecnte bntinest iatrntted to then, ttAf be known oa application to' Mettra. Grant trttKCn. nNt-Yft, Messrs.

Voi SURt, Jan. C. at PktlaJflfliit, or at their JAMES It THOMAS H. PERKINS. jl vi June 7 2A TllOMPSOtf HA3 Uemoved from No.

to 123 ParU street, the ttore lately occupied by Jonathan Ogden It Co. where tie offers fur tale, at reJeitd prices, the following articles, fie 10 umokt.Callicoct and Chintz, Id. do. cotton Cattimcret and Sankeent, bale Durants, assorted tolotMs, do. Second Cloths, ft uunkt wle India Dimity, ft black and olive Jeaneu, I do Silk Stockings and Pic-Wic Cloves, I do.

Edgings and Lacet, 4 do. Jacutictand Book Muslin, ft do. Cambric Muslin, f( do, coloured Cotton Glovet, ft' dv. Women's Cotton Stockings, 1 half fine bed Tick-and I Unnk white Cambrick UandkerchieU, with colnnred horHcn. May 17 lm I TALIAN received in the A ship Vigilanrv rapt.

Hamilton, Irort Naples ft rfipet 4th proof Brandy, CI hhdt. Unseed Oil, (X boxes fresh Sweet Oil, 30 bottles each, 1 trunki Sewing Silks, do. Naples Silks, SMtct Morocco Skins, I fot Manna, I do. Cream of Tartar. For tale by SEAMAN it RHIND.

Corner of Pine and South-ttrectt. Bohts wanted, to unload the above thip, Which, in conformity with the Uit quarantine law, mutt disrhsrge and load yards from th City -She now lies in (he East-RWer, opposite the Coffee a 4 0 it Hniiite.ftjin. iunat iui BOUKS, MAC GREGOR tc Co, have re-cwv by the elegraphe and Ontario, from Liverpool, ami Hrandywme Miller, from Greenock, ihn follnwine Goods, whick thev offer for tale by thpacktge or less quantity, on reasonable terms 8 cases unry ana doss trimmings, wouoa root- ings, ami white Silk Lacet, I case black and white tilk Bandt and Tassels, white silk Epaulets, new patterns, I do. black Pattinct Laces and Lacd Cloaks, I do. elegant 6 4 laced and toft mull mull milt-tins, and fashionable fliuh'd Sh.wlt;.V 34 packages, consisting of-r-, Mow, Jallapore and MAMOODIES, inhanna.

-s ugdea, rkipore and BAFTAS, Chitiabully JMa.lj,,rc-odjSANIfA8 Beerboom Gurralis, Coitus and Company do. Checks and Persians. funn 4 pOTTON, TOBACCO, WICE, otc 3 -bales Upland Cotton, 49 hlids. best Cleorgia Tobacco. Jlta in itnre, 93 hogsheads Tobacco, 10 bales Sea-Island.

Cotton, tierces new Rice, ana' 8 buttt best Cognac For tale by BEN. B. OSBORNE, Tune 9 iw G7 Smith street. Alt ESS PORK in half barrets, carefully put xtjl up lor ramny ate. ection.

A few Hams of the very first quality. Foe sale by JOSEVll BRANTINGHAM ft. Co. June 2 Ins- 1 14t Hroad.wav. i ONEIDA'a CARGO.

AFCW boxes best chop Hyson Tea of this Cargo yet tn hand Also, Hyson Cliutan in tituli boxes for families Imperial Tea Fana Nankeent, I China Ware Silks, I Rhubarb and China Rent, fccFor sale by Wm. Lelingwell, No. 3D Wall-street, or at I.KFFINGWCLL fc DUDLEYS, May'H No 116 Front am-et CUGAR 8c MOEASSliS, of the first quail-O ty Will commence Landing this day; from an ard the tcnooner Hampshire, Irom Trinidad, at tXni'-wnrl, 48 breV M-'0 27 hhdt. masses For sale by OHK MURRAY fc QKS May a I 6s PcwUsireet. I HATS HAT Received, by the ships Jupiter, and Juliana, from London Gentlemen's auperGne Black Beavers, Do.

do. 'Drab da' -Ai 1 Do. do. Drab, green Qnder, Do. Prathrred Hats, Youth's and Children's Itatt, attorted colors, Gentlemen's Silk Hats, Servant's Glased dor i Gentlemen's Military Hats, newest fashion, A large quantity of Men's audlloys coarse Hats, by thecate, With a complete assortment ef Trimmings.

Foruleby SAMUtL KttD, May 15 tf 150 Water street DOLLARS WANTED I he highest premium will be given for Spanish Dollars, at No. 45 Will mm -street. May SPANISH highest premium paid for SPANISH DOLLARS, at No 44 William-street. mnv 23 tf I HE highest price given for Specie Dollars, at Will-Mieet. Jiihe4 Iw ONEY or 1200 do I art wantod for one year, atleg.il inurett, on umiaeitionable security.

M.trrhSD tf A I RD AM GIN. Will commence hmdine this (lay from on board lur thin Frn- cet-Henrictta, at wharf, ship' yards, fh proof and aiKhot Gin For Sale tw Mav 16 1m FKEDF.KICK PAVING quantity tf I'aving Stone on board the huft Rrandywine Miller; at Stevens'-wharf For tale by JOHN J. PALMER, June 7 Iw 8 Wjicr-nrect. WANTS a place, as a Wkt Nuns, in a reputable family, a woman with a good breast of milk, who can be well rt commended. Enquire atthis office July 7 Iw CELECT ACADEMY for Yocs Lautas, at BtooKLVN.on Lonj-IiUnH.

Mits Fuor. rsNoacs informs her friends and ths public, that she ha. removed from Jamaica, on li'iig-liUnJ. to Brooklyn, where the has takena house in an -tigihlc situation, on the Heights, about a quarter 4 mile from the (crry. She iastrucis Young Ladies, as usual, in all the Polite Brambesof and at present vacancies for (oaf.

Mie uk es them either as boarders or day scholars Hrrteims may be khowa by applying as above, or at No 84 Broad. New. York. June 1 1 3t BY Letters trotn Lornlou, bearing date leb-ruary4, 1804, Mrs. Masitjr it ti.utlcd to a evesiderable So for bet cUUrfrc.

May S4 im Signlor Bolocha Uayiin taken tui pes-sage to tannest Saturday lor kagUnd, the Matuger Maes tliitopportitnity pt ibiHitirtg the Ut Grand Pantomime, "u'lth that genrtemant unrivalled per furmances, oq WnUetdmf and i rf, the only nights which circumtiaacet will now admit. WLDNESDAY EVENING, JUNE 13, wstt, si raassntto, A celebrated Comedf, foiled, JO HAT BULL, OR, AN ENGLISHMAN'S rlXI-SIDE. Peregrine, 1 Mr. Tyler, Sir Simon Rochdale, JJimon, HonmabloTum Sbafletoa, Hmrptr, Frank Rochdale, MhHim, 1 JobThornberry, Williams, Hifatwrni LKd Fui Balaam, Htpttr, 4ohn Burr, teants fralgroddliy, HmnronJ. tl, Unllam, 'd ni'lt lertlut, John, AsWiW, 8tKnd tervant.

Matter SinrkwcU, Lady Caroline Fraymore, Mrs, lfUln, Mrt. Biulgruddciy, forf, MaryTbornberry, Joktutn, to waiea will at aooso. A Grand Pantomime, got up under the direction of eatica, THE SIIPlVRJiCX, HERMIT OF MOUNT VESUVIUS. Harlcq.m11,' Mr. Murtm, Pantaloon, 1 URt, Lover, Uutumon, Clown, gig.

Hulfxa, Neptnne, Sir. Jhmwn, Harper, 'Sailors, Mcurt. Shaptcr, fcc ''Soldiers, Messrs. Macdonald, fcc. Mrs.

Diirbg, Hay-Mutters, MistPattun, fcc. I 'HE Umitkp Iwsvrancb CoMr at will tuscnd their Evening Meetings, from and alter the ninth instant, until the nrtt flnyot govern betneat. JOSEPH STANS8CRY, lunc 8 6t Scrretary. French Commissary's Office is Re 1 M. moved to No.

IS Beaver-sucet. June 6 0w Al a Court Chancrry, helit at Uu Cily-Hull if thf. CUfitf Kts I oil, on tin second day if Juut, 18U4. a stin The Hon. John Lamsino, Junior, Esq.

Chancellor. o'rr Wtfliom reading and filing an vs. fv affidavit in this cause, by ti ant Faulkner, anal which it appears to the satis-mUeti. faction oi tins Court, that princess of subpoena h.n bet duly iuued against William Wilton, J.imcs Boyd, John Koyd, John Rikey aiti James Kogan and bluanor Ms wilt-, fix ot the defundants in the above cause, to compel their appearance therein, but that, they reside out of t'ic state of New-York, and could not, ujtnn due enquiry, he found tlii rein, to at to he saved with the said process And it also appearing to the satisfaction oi said Court, that the taid defendants, or either of them, have not caused hit, her, or their appcaunce to he entered in this taute. according totheiiiletof ih.s Court, if tho said process had been duly served Whereupon, on motion of Mr.

Tioitp, of counsel for ihct-omplainnnt. it 11 ordered by the Court, 'that the tiid defendants, William Wilton, fames Boyd, John Boyd, John Kikey, and Jatnet Kogan o1 Eleanor hit wife, do ciutc their appearance to be entered in this came on or before the first day of September next, and in default thereof, that the complainants bill he taken pro com'esioat to the defendants not appearinc," to the end thai tttch decree may be thereupon made at shall be just And it it further ordered, that a capy of this order shall, within twenty days fioin this day, he inserted in at least wool the public newspapers printed in this state, and hircnntinucd there. tor the term ol eight weeks successively, at least once in each week. Extract tro'rr tho minutes, MATtRIN LIVINGSTON, June 1 1 8w Register. IN CHANCERY.

BUILD L'G LOTS AT BROOKLYN, 1 FOR SALE. The President, Dirt ctors" A DECRETAL ontrr and Company of anr en maJnn Bankol New-York, ct tf Chanrtrt of In stale nf Comfort Henry i Afrr-)'ory, wlereia (he Sands, fc Itattc Ninbe. nnlgigeatrmises nun- tinned in tht tilemiinxs in the sattlcuuse, nr dii fried to be snldat faLIt Auction, mike cilyvf Nex York, bp one 0 Ihe MatttrsvJ the saidOimlThi subscriber tiivs notice, thai tltr the said m.vttitget premises vtUcmnmence al Public Auction, nt tht Tonline Coffee Uovs-, tn I he city oa TUESDAY, the third at July, 18t4, nt tr he nf the clock. A. M.

and iei'-t be continued by ad- jiilrimentfram tiineto lime, until thf same skull be ttm- uteied. Ihe said mnrlifueed premises are situate al Brooklyn, it the Couvtp of Kings, in this Stale, undeoiuist Build-tntf Lots of difinent dimniliauM, In lite- number of sis h'tndrrd and njntards, ns numbered on a'olam map thereof, vrliich miiv be seen at 1ke ajpte of tht subscriber. Seme of the sauTLots mm soltt Sffxiraldn, ami oiaers of tkrn in such parcels as In the subsetitmt JuiU ajiprar hkrlu la (V moil beneficial to the parlies interested therein. Vn some bi (he snldlols thtreare ckeellmg houses, lutld- iogi, and other improvements. VuledJune 1 1, 1 804.

June-W Master iu Vhimrer. IN CHANCtRY. John R. Livingston, pnrsnnee decretal order 'A ij Ihe Court of Chunctrif, 0 GcorfC Poivil. the state of Nert-Yorki mkV in the ahiKt cause, will be mid al Public Auction, by the subscriber, at tht Tontine Cnffee-Houte, in the city Sere-York, on the 9.6th day of July, 1 $04, at one of tlie clock in Ihe afternoon, all those certain three Lots or parcels of Loud, tiluate in Ihe Handenburh aSentv in ihe county of Ulster, in He slate of Near-Yorl, -ing ihxtin-guithed by his No.

90, 3ond 139, ri tlie Great Lot No. 4 the saidthiee lots togrttcr containing four huudreil and eighty six arete middle ha(f. aether uith nil and lingular Ike livitcges aud appurtenances iheitunto beloag-ing, Vi-. 'lWtir-9ft June, 1804. lUQMAS COOrZR, Jmne 9 1 Sliistertn Chancery.

'pHOMA RODMAN, No. Hi Maiden-X Lane has received by -the ships Liverpool Packet and Ontario, from Liverpool, 25 packages of fir. Ilarilu tre, comprising an eirgant assortment of Cutiery, Jewelry, japan'd Ware, gilt and plated Uutronr.iron, metal, plated amt tllverpoorls, Pjfk. et Bfiaks, wood, metal and. pU'cd Cruet Siaiuli, gUss Salts, TeaCadiet, mm, bras and (Hated Candlesticks, Lamp Glasses, Waich Chains.

Keys and Seals, Suspenders, Epaulets, Military Sashes and Feathers, hoin, ivory, mock tortoise and tortoise shell Combs, Ink Powder, horn and copper Powder FTasks, Shut Belts, Game Nctts, PisrUs, Soap, Pomatum and Essences, Spectacles, White. Chan- pel Needles, Pius, tin, iron and pined Stirmjis, Bridle Bins Whips, Cloke Fins, commode ami trunk Uajxlles, Looks, brass Nails, Brads and Tacks, Fikt, Carpet Rods, Tea Kittles, Sad Irons, Fire Irons, Spelter, black lead rots, Crucible, fcc. fcc. 30 casks fine drawn rose and clasp head Nails. 6 cases Ketlandl Fowlirj Guns For sale on reasw.Ule tens.

txay 2 PSOllm IMPORTANT U1AI i FROM Tilt CHARLESTON COURIER. Cam in lie 2) strict Cumt 'lie Commercial A rent of the French Re public filed a Libel intheDutrictCostrt agninst the Captain of the- BrUMi letter of marque Garland, Cot restituticn of and tlamasfor the capture and detention of the I reocb corvette L'AfriCnne, illegally captured on the Sd Inst, within the jurisdiction 'of the United States. To Ulis LilxJ the CnpUin of the (iar land ole'aded in bar to the lurisdllticn, ailed lug that the captnre was not made within the jurisdiction of the United States and to prove this, two branch pilots were examined uy Mr, Drayton, proctor for the tlefenclant, whoswore that tlie corvette, at the time of the captare, was about five or six miles distant from Sulli van's Island, the nearest land. On their cross examination by Mr. William Leughton Smith, proctor for the libelant, they admitted find proved tbatthe corvette having lost herinizeu-mastin a gale ofwind, and several of her thrown overboard many of her guns, was Brought to anchor on (he bar in mx lath oms water, and as uear as she could be with safety that at tlie time of her capture she was within one or two miles cl the Kaitle snake breaker, and that the Captain struck to the UMrTand on the aUvite of the pilot ana on his assuring the Captain that tlie corvette was men wunm tnc jurisdiction oi tne unncu SCatca, and would certainly be tlelivero up.

9 ()o these facts tlie question arose, whether the I L'Africaine was, at the time of the capture, Willi our jurisdictioit-f Mr. JJrayton quoted several authorities, via. Martens, VaUeil, Sir W. Scott, See. to rove that by the law of na tions territorial jurisdiclioti on the sea was lim ited to a marin league from the const, that is, to the extent ot the protection which Could be given from the shore, by cannon shot, which was calculated at a marine league, or three miles.

If there could be any doubt as to the law of nations in this respect, the net of Congress of-1794 settled the question by that act the District Court is authorized to Uke cogni zance of capturts in the waters of the United. Stair, or within a marine league of the consts or shores thereof." He defined the terms coasts or shores to be of synonimous import, and referred to Johnson's Dictionary, the Dictionary of Arts and Sciences, i(nd Cook's Voyages, to support his definition (he word bank, was the margin of a river, coast or shore, the margin ef the sea. Consequently the Court had no jurisdiction in this case. Mr. YV.

Laughton Smith, said that this claim to the aid of the Court to obtain restitution of thv Africaine, was founded on the law of nations, on cur treaty with France, on the laws of neutanlity and of hospitality, all of which had been grossly violated by the capture in question. He considered this a cause tf considerable magnitude it was not 'a common question between two ships of war, but a great rintitsnnl question, for the first time to be decided, unci to fix the lim'ts of our own jurisdiction. Different naval powers, by recurrence to history, would be found to liave laid claim, and some of them to have maintained it for centuries, to whole oceans. Great Britain claimed jurisdiction over the whole British Channel, St. Oeorges Channel, bcc.

jyeuiee tlie Adriatic the Ottoman Umpire the blacL set; Denmark, the Sound, 'In latter titnessome writers had attempted to frtcemln the jurisdictional line with precision, -btiti iEey all flittered some spoke nt the extent 'of the humtm some of the extent of protection, others of the disanco requisite for tlie safety of trade, Rodinus fixed 20 miles, Martens'0, Vai- tell cannon shut, or a marine league, bir W. scott in a modern ease, (quoted on the other side) seemed nlsoto refer to that distance but his decision could have no' weight, because he was fixing the jurisdiction of and -no case could be produced where he bad fixed the jurisdiction of Great Britain to a murine Jengue from the shore. 1 he law of nations bad not then ascertained the precise distance," but all the writers, nnd Vattell particularly, had established that a neutral country ought to extend its jurisdiction over the sen, to the utmost extent of its protection, and as far necessary for the safety 6f 'its trea-ties we have formed With Holland, Prussia, and Sweden, give those powers a right to our protection near our coasts a reasonable distance must be allowed, otherwise the treat) would be violated, and the act of congress impugns the treaty by an unreasonable prox imity, it would be void, as repugnant to the compact. In this case the corvette was anchored as pear tlie ir as she ccutd he with safety, (one witness says within one mile) and she had a pilot on board, she must be consider ed as ipsis faucibus portus the pilots have declared that it is common for inward bound vessels to anchor without the bar, and are there considered within our jurisdiction she was in distress, not coming to cruise, but seeking an assylum and protection from the perils of the sea within the arms of the United States. Vat-tell lays it down th at under such circumstances a ship has by the law of nations a right to enter even against the will of belligerent advbrse parties a fortiori has a friend, a strong claim to the protection otneutrnlptiwer.

At the commencement ot the last interesting corres dondence took place between the government of the S. and the French this subject the former wished to evade ascertaining twr jurisdiction, but being called on by the latter, alter observing that, trom the peculiarity ot our shores, and the-shoaluness of our coasts, we were entitled to claim the broadest possible margin of sea along the coasts; yet, untill a communication with other powers, the President would, for the present, claim no further than a marine Unigtte. That was- evidently a provisional arrangement, confined to the' last war. noon alter, the act of congress question passed, and partook of the cautions spirit of the times it was a temporary act, though since continued in expounding It reference ought to be hd to the preceding observations it says" 1 he District Court shall take cognizance of cases-arising within a marine league vf the roasts or shores' It docs not confine and limit the District Court to such Cases a- lone; the District court of Pennsylvania ''had refused to take cognizance of cases manifestly arising within pur jurisdiction, refcrrint them to tins Executive, where belligerents were a- lone concerned. 1 he act of '94 cam pels them to act where our territory is violated within a marine league, hut leaves the question where it was tcfoi cstp, all distance? beyppd that, be tieHMed ly tLe law, ind usage of natw.

having reference always to the peculiar situation and policy of aur country. Admit, however, the law ta be restrictive, still Mr. S. contended, that by the terms of it our jurisdiction clearly embraced the place nf capture the act say coasts or ioores." What is itu-ant by the term toattt Not merely the vikibk purl of the Und, but that part also which is cover-edby water to a certain distance 'from th shore; the whole together, comprehending the land out of water and the shouts, constitutes it. i.a 1m TV.

1. 1. main land, or coasts thereof, out of Uie body of any country here coasts must mean soire-tnhig beyond the land or shore other ite it could not be out of the hotly of -a country. Ir comnMit, pnrlance. Coasts met something ther than land not covered by water Mrrh rn the coast, rataixls on the coast, wrecks the StO-ihe distance ought then' to I computed from the shoal on and net from HuMivan's Island.

It had been pnvrd that al me drawn from toe Eastern. of Long Island, parallel to the chore, would un without the ban If the distance is to be ntnctly reckoned fi rm the land' In a much as the art dees not mention the land reatf the place of crry uie, then this line nuht to be (Kerned Uie' line of sea const, and a mni lue league compu- Vnm ttnr-m 11, j. bhni I. r.f ika ff.M m. fact a sunken continuation of the const i.

If tli aclibe ambicuous. tho court ia bound to 'con. strue itbeneficinlly fortheUnitcd States. Mrv S. concluded with rcltrringto tlie pecu'im ity of our bar and harbour, the dunrertr to which it would be exroedhy a contrary construction of the act, "and the fatal consequences of mvi.

.1 -1 i lIHg UIP VI UKII VI HIV UL'UICI tnu jJOri tak tlieir station oft' our bar, which would en. danger our commerce, make nur port the fo cus ot the passions and Interests cf our fellow citizens, nnd destroy that harmo-and tranquility which now so happily subsist Several witnesses were calfcd by Mr. fcmiih, and among them, Mr. Purcell the surveyor he swore that be had been long' employed, ia conjunction with Mr. DeBraham, to survey the coasts of Florida, nil geograf imers and surveyors of sea coasts aJwavs un derstood by coasts, the shoals along the that in Florida, the.se shoals extended to, the distance of twenty miles from the landand were within the territorial jurisdiction.

Capt. Oak ford had been' many years at sea, and he never before heard it deu'Ked that Const included the shoals i he considered every, thing as coast where a ship mitrht be stranded. Williams, one of the pilots, also said Chat- he con-. ftidcred the coast to extend some miles from the land. Mr.

being asked by the Judge from whence he would computeamarine league, applied from the outerntbast shoa) of the bar. Mr. Gaillard followed Mr. Smith, agreeing: with him that the rovtrnnieht had wisely left. the question opeu, and tlie jurisdiction nndefi-ned.

He argued, that the doctrine laid down; by Writers, resecting cat.non interpreted by the other stde, wns absurd, fori in fact cannon shot, at the distance of marine league, was ineffectual to protect 'Hutlftng more could be interred trom that dictum et the writers, than that a belligerent could not make a prize uitder the prottctin of neutral fortress but it did not confine the protection of a netitral Jurisdiction merely vj'cknnoit' thot Besides, it was not confined to' ciitintm shot frorri'a fortress on land protection might be, eiveu by eun-boats stationed iff cor b'ar; most f.the writers say, within limit, rf pro tecttnn that protection may vary according) to the nature of the. coast, B(id tl.e shoalncbs of the water; our bar and harbour dint possibly be protected bv land butteries, gun boats frill. 'he only effecwal profeption'r the) court now compute tlie distance land, mw- der the authority of V'attell, respecting cannhtV shot a new doctrine must be 'established-v. Hh a new mode of protection. o'labf.

Attorney-General closed'tm We same side, with manv learned observations rm'the construction of wtjivd'torrrJjiporfc cannot be defined by one of igniC. cations Uie word aho're waj cjf jipfy not jn tended by Congress tajbe tkbnwljij. thewor ro these words are net 'symminious, if they were, one only I been, used Why did Congress use Ddth I tbcr6se of different imporu. shore means the low wa of the shore tpthchigli'seas. Mr.

Drayton replied," He' WavtupP hv the judge, trom answering the arguments jue-rived front the law of nation ic tlie correspond dence, nnd confined to the nct; of Congress. From this, he argued that the land nearest the place of captnre was rlearrf ''meant by th wortis coasts or snores, men arc sjriojiiiiiuua, referring to the' authorities before' mentioiiedg and to common accep tations. -The arguments wji're closed. on Friday last, and on Monday, his bdnor Judge gave nia decree. ttl- He stated the circumstances of the case, and the plea in bar ta the jurisdiction, capture not having been made withiaa marina league of the -shore of the -United-States." This, he said, was the only point before that court and the only goide by which he was tar be governed was the tact of Congress as ttr the La wpf Nations it did notttpply, for the act was to govern as to.

thdearrespondence, it waa ail prior to the. passing of.ihe i had been said by the coancil for tbsv.libellant, that this was. a great and important question and thai 'it was the firt time the subject had come before an Amencart, rrturia, He' acknowledged that it was a question. of very con" sidemble magnitude, and highly interesting to a Ttentral power it was for that reason he had allowed them a full range, and to throw every possible light on the question, and he confessed that they had argued it with great ability and ingenuity but after all, the act of Congress was the only source from which he was to ce -rive the true limits of onr territorial jurisdic- tion over the sea this was fixed at a marine league from our coasts or shores. In this cast he had been enabled, by the testimony of th -pilots and an inspection of tlie charts, to locat with precision the place of capture, r-ameiy, in six fathoms water, outside the Rattlesnake "hence it was' evident that the" south end of Sullivan's Island was the nearest laitd, consequently the capture was made near six miles -from the shore.

Had there been any pneer tainty as to tlie distance, he woW willingT have adopted the rule laid down by Sir Scott, in the case quoted of the Gerodrt-S vs. Robinson, and would not have sought tns exact measurement with an unfavorable minuteness, but from the pecylUr drcmiyiacTf.

Get access to Newspapers.com

  • The largest online newspaper archive
  • 300+ newspapers from the 1700's - 2000's
  • Millions of additional pages added every month

About The Evening Post Archive

Pages Available:
61,311
Years Available:
1801-1851