The Evening Post from New York, New York on February 13, 1818 · Page 2
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February 13, 1818

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

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Friday, February 13, 1818
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Satteh if Mr. Mercer, Firginia. Ourpur - pose La re - publishing, at this time, the speech of this saw member, oa the doctrine cf contempt, sites the oocusioa has gone by, U to afford our mien to opportunity of judging of hi rsry kiidNM pariiameoUry talent, and at the ' iuu time to preserve upon our files a complete discmsioa, upon principle, of the merit of a leldinj question. MR. MERCER'S SPEECH, On the right of congress to puniih for contempt. Mr. Mercer rote immediately after Mr. Tucker, and addressed the house in eubstance as fellow: If the honorable gentleman wbojust sat down ftlt it nsicessary to terminate hi argument abruptly, rather than conaame the time of the house, much mora dot it become me, sir, at thi tote hoar of the day, to apologue for detaining you one moment longer. Nor thould I offer any obtervation on the subject of the present debate, if I were not inclined to rastaia the authority of the boute upon ground somewhat different from thoee which have been already occupied by the geatlemea who hare preceded me. The resolution on your table, mr. peaker, involves the decision of two diitinct proposi - tious.Has this boute power to punish contempt ? liar the proceeding of the house been such a to warrant hi farther prosecution ? Does the house derive from the constitution the power of punching a contempt ? Jtfy honorable colleague, who just preceded me, in a spi rit of accommodation, I have no doubt, has proposed to introduce a bill to punish by law an at tempt to bribe a member of congress. If the power of punishing luch an act i comprehended among the privileges of this house, the wisdom of any tuca law may well be questioned, were the contemplated law restricted to a description of that particular species of contempt to which our consideration is now turned, it should not lead to the interference that this bouse recogsu ed do other. And if, to obviate thi difficulty, a complete enumeration were attempted of eve ry possible insult to the privilege, rights and dignity of thi house, the proposed law would be swelled to the siae of the largest volume on your table. It May also be doubted whether a ngnt which this house does not derive from the consti tution a bo created or protected by an act of ordinary legislation t These gentlemen who are . desirous of a law to define the privileges of this house and to provide for punishing the contempt of them, admit their existence, as well a the power of this house to puoish their violation, by the mode of reasoning which they have adopted. Before I enquire into the origin of thi power, . allow no to disavow every feeling which mm tates against the most deliberate and impartssl exercise of my judgment. I cannot but deplore the unhappy situation of the prisoner, whose head b bleached by the snows of many winters, and who IT really guilty or the atrocious act tm puted to him, is an object of still greater commi ' m ration, as bis turpitude is without the extenua tion of youth or inexperience. Sir, said Mr. M. I never beheld a criminal arraigned at the bar of justice without this feeling, nor hare I sound U difficult to obey the legal injunction to believe the innocence of the censed, until be has been heard in his defence and judicially convicted. This maxim of christian charity is comprehended in that admirable system of practical wisdom, which has been repeatedly referred to in this discuuion ; a system matured . by the experience of ages, adopted by the universal assent of the people of the United State!, and denominated the common law. It is to thi system that I resort for the authority of this house to punish a contempt i to de fine the act ti be punished ; to determine the mode of proceeding against the accused ; and, if guilty, to ascertain the quality, and measure the extent of ni puoiMimeoi. And I did r - ),a snot an entire article, not a sol urrcoce to Uiis law If you desire to know the import of an Eng - Ibh word, you turn to the lexicographer of England : for a phrase of statutory law, you consult the statute which contains it, and the precedents by which it has been expounded : The terms of the common law must be, also, d fined by a recurrence to the law itself, comprised m the treatises, and illustrated by the history of 'he nation from whom wa derived it. The constitution not only uses the terms and phrases of this law, but expressly recognizes its existence. The seventh article of the amend ment provides, that " in suits at common law, when tbe value of the controversy shall exceed 20 dollars, the right of trial by jury shall be pre served ami tbe lact tried 6y a ury shall not br otherwise re - examine'! in toy court of the Unit ed state than according to the rules of the com mon law ; of that law which gentlemen have asserted to have no exigence under this rovern meat, and suraiutt which the honorable member from Clew - York would inspire us with apprehension and alarm. That honorable member, In his late impressive address, admitted that tht two bouses of the British parliament possess the power of punishing contempts that the lex par - liamentaria, or usage of parliament, is a part ol tbe common taw, although be denies a similar authority to the boose of representatives and se nate, tne two Drancnes oribe congress of the U States. Universal consent ha applied tbe maxims of wis law to tne protection or all our stale and federal courts, and why should it be denied to thi' house i What are we, said Mr. M. and how acting at this moment ? As a court, of which you, sir, are the presiding, and we the associate judges. I be original of the British parliament, the ancient Witttnagsmotte, was a court, and one of its tranches is the highest judicial tribunal in England. Both houe of congress ha v now r strictly judicial in their nature and application If a federal or state court, consisting of a single judge, is yetted, by common law construe tiou, with authority to punish contempts of its authority and dignity, this assembly of judgs saay consuiuuonaiiy exercise tne same authority That constitution which confer on the repre - sent tires ef thi nation the power of legislation, and denominates this body a house of representatives, clothes it with the common law attributes appertaining to its office and its title. sir, said Mr. M. why thi indignation against me common w r uur lore.alners defended it, in the old world, against Norman invasion, ec - elasiastiral fraud, and royal encroachment n. i - . .. .... . . .... uj ki - 'jui n miner ; uiey planted it ; and Wt have flourished beneath its shelter. Th common Uw! Had I the tongue of Henry, I would pourtray to you iu excellence. He who implored tbe convention of Virginia to reject this cotutilution because it did not expressly a - dopt this Uw in all its maxioi ; the most eloquent champion that American liberty ever drew to ber support, regarded this constitution, which he had not tried, with suspicion, and the law under which he had lived, with cood aoV - ction. The doctrine which I advance in relation to this constitutional question, iscoognnial with the purest American feeling. Tbe mmmon law a uai n tne land which gave me birth. It is the law w every state ol Uiis widel j extended union Oa iU broad and solid bast rest the free cousti - tiont of those states, a well as that noble struc ture wnrcn u committed to our care. Sir, (Jus law was that of my remote progenitors. Erin's grrea turf, and tbe brown ncataol uale - looia, although my ey never be - b - ld them, are, I acknowledge, dear to my heart. This feeling is not inexplicable. Who it base as to hear an insiaufioo apuut his fa - tWsname and not feel the lift, blood OMttntto oil cheek? Sir, this feeling bind us, not only to obr ancestors, but to the land which gave i the m birth : it Dow from tne same bbbu . - i:...t shirk hiiuia 111 to OUT OWB lUtWElTIHIIHUnik - " , - natal sou. it m not at war wius - general benevolence, or callous to the menu ol other nation. I can turn my y " . channel along which my fancy ha just coou - ed me, and exclaim, in the language ol the sweeteat bard of Ireland , Gay, sprightly land orocial minn ana , rieasea witn inyseu, wnuui u please ! How altered is thi scene ! Sir, uw tear py must start from every eye at the .nffenngs ora mifgoided, much oppressed, but gallant nation. Do we look for the monumeuts of our own hu - . farther hack than the eloriousera of Ho ? Are we ashamed of the echievements of our Bri - tun ancestors, that we have begun to contemn ih.Ir isw Who can speak or think of freedom without recollecting the names ofLocke, of Ham - den, and I of Sydney? Sir. I be pardon for this digression, it was forced from me by the cloud I thought 1 saw ga - thcriozou the brow of the house, when I refer red to the common law as tho expositor of the American constitution. The colonists of Great - Britain brought their law with them to America. Their new lot was beset witti difficulties and dangers. The savage lurked in his covert. The forest was to be o penedtoculti ation. It was not a tune, sir, to sit down in order to deliberate and to change their laws. Had they possessed the leisure, they had not the inclination, to innovate upon the es tablished ctMtomsand usages ol their forefathers. Those emigrants who united with them from o - tber countries took the laws a they found them : and, if so inclined, they haJ not the power to change them. These laws, and the habits of thinking, from which they aprung,audon which the laws themselves reacted, were incorporated with every political institution which they founded. The parliament of England, and the courts of Westminster, were the models of their legislative assemblies, andof their judicial tribunals; Their constitution, their powers, their forms of proceeding, aud their rules of decision, were sometimes prescribed by their laws, but generally left to implication from the great fountain of practical wisdom the common law of England. I appeal to my colleagues, if this constitution had been formed cotemporaneously,with that of Virginia, would not the same power to punish contempts attach to the bouse of representatives and senate of the U. States, as unquestionably belongs to the corresponding branches of the general assembly, the house of delegates and the senate ef Virginia ? From the form of the speaker's chair to the power of expelling a member, tlie character and authority of the bouse of delegates is derived, without any express constitutional provision, from the house of commons, the archetype of the popular branch of every state legislature, a it is called, of this house. The force of the argument, which this analogy furnishes, is not impaired by the consideration, that the federal constitution is of more recent structure. It is the act of the people of the United States, as itself proclaims ; and, referring expressly to the common law, in one of its articles, is unintelligible throughout, except by the aid nf that law we have a right to resort to its maxims in the preseut enquiry. If this power is essential to the house of commous, so it must be presumed that the people of these states regard - e - it to be, and to must we consider it in relation to the two houses oi this legislature. It ha been urged, that many extravagant doc trines would arUe from this source of constructive authority. Where, it i asked, shall this house stop In us user I ne revolution el mo answer this question. It necessarily lopped off the regal and arristocratical branches of this law. This limitation of the common law relieves the rule of construction, for which I contend, from all that con Id alarm our fears. It is founded, I am inclined to believe, in judicial decisions, throughout the Uuited States. By the unani - feu extended so lar, as toaulhoruo a defendant, indicted for a libel at common law, to give the truth in evidence. This houe derives, therefore, from the commou law, no privileges which it ought not to possess. One of my colleagues hat contended, that all the privileges of the bouse are exprctily enumerated by the 6th section of the 1st article of the constitution, and restricted to escmption from arrest, in certain specified cases: and from te - - ponsihility ehewhere for any speech or debate inlhehouec. And hf:m r, with ercat aniiarttit plausibility, he iufcrs that the house possesses uo other privilege, aud has authority to punith no other contempt!, except such as are committed in violation of these. Iu aiiiwer to this argument, it has already been contended by the honourable member who lait addressed the house, that this clause of Uie constitution may be justly regarded as the result of tlie extreme caution which induced the convention to insert in it what migni otnarwis nave been u.terred ; a caution which is discernible in other parts of this instru ment To the illustration which he has furnish ed, many other may be added ; as for example the very first article of the amendmeuU. The greater part of these are designed to serve the purpose of a bill of rights, for which so mauy opponents of the constitution had most xealouslv coutended. It cannot be presumed, that, if this amendment had not been made a part of the constitution, congress would havs prohibited tbe free exercise of religion ; have abridged the freedom of speech ; or obstructed the right of, uir pcopie pcaceamy io assemDle and to petition for a redress of grievances. I am, however, led involuntarily to another explanation of th expediency of expressly incorporating in the coo - stitutiou the two privileges to which my colleague reierreu : an explanation, which is in strict harmony with all the view that I have taken of the general power of this house to puoish con - tempts of iU privileges. Every other privilege of thi home, except those which are enumerated, will be found to be consistent with the obvious and equal righU of the people. Tht enumerated privileges are limitations of those nguu, and, but for the express srant of them h he people, it might have been doubted whether ins character ol our republican institutions did not loroid their exercise. In fine, these enume rates privileges protect the members of thu h.iu - e, against the common and d,are. - t rights of . . - , - ,i . . . a mo iiuMu - uK rigriuoi property and reputation, the privileges for which I contend, woul.l protect the house from their injuries, from fraud, vivivuwv urn injustice. It cannot be justly inferred, therefore, that the enumeration of tLese privileges excludes the contuiuuooai exercise ol an others. The con stitution which bad sought to enumerate these. must have been tatufied with general terms of vague signincaiion, or proceeded to an enumera tion of particulars, which no constitution ever did attempt to embrace. I; it is admitted, and it teems to be renerallv conceded, that the house lias power to punish contempts committed against its peace and dignity within this hall ; then the eject ol tne supposed enumeration totally fails. an.l ; . ....... . """ "'"' c, mis pretended limitation to the authority of tbe heuse, to punish cotitempU wherever they may be committed. ' I will not unnece - sarily consume the time of m enjcirourmg to prove that an at - ....r.wv,, ceoi its members, while engaged in the discharge of his duties, is a con tempt nf .U authority and dignity, - i Ue honor - thi dX,r:j ia - tl,,r7 5""" - men wno bare since followed him, havs completely ocrt! ied this ground; nor has it teea contended by any of ?rUl ?"tlat .ichwoaldnot ht o - tcpt of tbe house of comuwtu, I hMUn IW to aMoire. whether thi house be pro ceeded legally m the arrest of the prisoner . The booourawe memoer irotn m y shire, will on examinatien, perceive, ui we warrant for tne arrest, nnot, as ne general warrant. It describes the prisoner by nam. ... But, it has been urged, with more apparent force, that it is unsustained by an oath T affir mation and therefore, is in violation oi tee 4th art. of the amendments to the constitution, which provides tliat no warrant shall issue but upon probable cause supported by such evi dence. The constitution certainly supposes the judge who issues the warrant, not to be, himself, personally reeognizant of the fact, on which it is errounded. Ho may issue a war rant on " probable cause supported by oath." It is certain, conviction of the truth of the fact must supersede the necessity of an oath ; to sav nothinsr of the absurdity, to which such a doctrine must lead. A judge i assaulted and beat as he enters the court, in which he is a - bout to sit alone. Will it be contended that he shall first make oath of the fact, and then issue his warrant for the apprehension of the offender t In this case the witness is a mem ber of the house by whom the warrant is issu ed A judge, in whose presence tne alledgtd fact occurred. The warrant itself is usued on the signature ef the Speaker, but by the order of the house, whose act it is, and therefore the act also of the member, on whose information the warrant was issued. Before I cloe my remarks, I cannot forbear noticing an observation of the honorable mover of the resolution on your table, upon the precedents which have been so aptly and forcibly adduced, to sustain the authority of the house to punish the particular contempt whidi has given rise to this debate. It has been contended, sir, that precedents are dangerous to liberty, that they favour the inroads of power upon the rights of the people. Such I must confess, sir, is not my doctrine. It has been correctly said, by a profound judge and an able civilian that the multiplicity of laws, continues the security nf the citizen. So, sir, does the multitude of precedents which, sanctioned by usage, operate with the force of law. Precedents established in good times, stay, in disastrous days, the rage of faction, and the hand oftyranny a Pharos erected on the margin of a stormy sea, by the light of w hich the marriner may anchor or steer his bark in safety. Thecal of Randall, in 1796, to which the honourable memb r from Georgia, called the attention of the house, forcibly as he had used it, was entitled to yet higher respect, from a consideration which had not occurred to him - The honorable member stated that it had arisen, before the formation of parties in our public councils. He has certainly mistaken the history of the day. I was then but a boy, and am perhaps older than the honourable member. I may be allowed to remind him of facts which bad an important bearing in support of this precedent Does the honourable member recollect nothing of the controversy of the assumpsit of the state debts, the first Rank of the United States, the ratification of the British, nothing of the attempt to impeach Al exander Hamilton ; nothing of those angry passions which in those days shook the .idmin istration of Washington to its foundation ? Mr. Forsyth explained. He referred he said, to the division of the parties by their present names. Mr. Mercer proceeded ; a member whispers to me, that they were called federalists and anti federal ists. 1 his denomination, sr, was applied at an earlier day than that of which I now speak. 1 he title of democrats succeed ed to tli at of anti federalist, and republican to this again. Yes, said Mr. mercer the federa list, allowed themselves to be outwitted in yielding the popular title to their opponents; a prominent cause, 1 have no doubt, of their ul timate discomfiture. collections, but for a more legitimate and useful purpose. Even in the times of pary dis - i i . i J . oEMsiuii, ami piuiiicui animosity, a members voted in support of that authority of this liouse, which is now questioned, and 17 onlv awinst it ; while the majority were equally divided between the two rival parties. A precedent, entitled to higher confidence, could not be adduced. It is a precedent, too, directly in point establishing not only the general authority of the House, to punish contempts, hut a contempt cf the same 'specie wiiu mm w men nas occasioned tins debate AEir.YOIiK EFESlfO POST. FRIDAY, FEBRUARY 13. Pvt! This morning, about 4 o'clock, the wooden building at the corner of Broadwiy and Reed - tt. was discovered to be on fire, and was burnt to the ground. The upper story of the build ing was occupied by 2 families.and the lower was divided into a hatter's - shop and a shoe - store; in the former of which the fire broke out. But it occasioned no small surprize, that on bursting in to the hat - sbop,not a single hat was to be found ; although it is ascertained that the evening pre vious it was pretty well itocked. It is asserted, we understand, that the shop was first robbed and then set on fire and we presume no one will doubt the truth of the assertion. JR. shall have an insertion, though we bold an opinion adverse to that he mentions. The correspondent who writes us from Hamburg, New - Jersey, on a very interesting sub ject, will, in the course of a few weeks, see some thing relative to it in the Evening Post that wi'.l awaken public attention. Tbe gentleman who has sent us a long advertisement for publication, and direcU applicants " to address A. H. Y. at this office," has forgot either to inform us of his identity or to inclose the price of insertion. He informs us indeed that by inserting the advertisement we shall oblige the tubscribcr," but it is not the fashion nowadays to oblige in the way of basiness, grali A Friend, respecting certain United States officers," informing that no less than one thou sand suits have been commenced in this city for retailing foreign merchandize without licence, and that the cosU amounted to $150 in each, has long since been received. But this is too impor tant a subject to touch upon without a real and and a reputable name to support it. I confess I am disappointed at finding the topic so sud denly dropt If this is occasioned by the wast of foundation for the report, or in the hav ing discovered that the prosecutions hare been properly instituted, or the charges just, I shall rejoice on the account of Uie officers charged. From the Xationvl InitUigrnc.r, Fib. II. Tbe bill reported in the house of lltnnui.ii. bves by Mr. Forsyth, from the committee to whom wa referred so much of the President's messaire a Mate f a the commercial intercourse betwes - n the United Stale ami il hr ii.k iv. India Island and postcssiooj in North America, ' ... . ., - fsurfir. than fiom its techni cal title of - a bill wpplementary to the act reflating duties on imports and tonnage, &c." we Cve to it. It is a literal transcript, we believe, gays so i. . . miumittee at Ol tne 0111 repurwu uj ... - - - - - - . . Ula.teioV; which was ably debated, tat Was laid over a deserving more mature conn - deration. Few subjects of the PV'Th" w interest than this bill for countervailing the British Colonial policy; f we excent ptrnaps uie oui ior niau1,.u,.i,.. niforra system of bankruptcy, which seems to be loudly demanded from all the commercial sec - lions of tlie country. We have satisfaction in stating that a contract i ..nfonui into for erect ui IT at the mouth of the Mississippi a Light House, on a scale and in attvle, commensurate with the magnitude ol the trade of that river. Tbe obstacles which have so long impeded the accomplishment of this object, are at length overcome, and, it is contemplated, it will be lully effected within two j eurs. By a recent arrival in the Chesapeake, letters have been yesterday received from on board the Franklin, 74, commodore siewan, irom im Isle of Wisht. which is in sight of Poits ..nnili hnrW. statin? her arrival there on tlie 15th December, after a prosperous voyage of ouly twenty - one days from Cape Henry ngnt house, (bad weather and severe gales of wiud t .a . a J at., etui from the nortti and uorui - easi, auring m week of December, to the contrary notwith - taading;) and a subsequent date troia Jouin - mntno. states her arrival at t'ortsmoum, auu her being constantly visited by numbers of the curious gentry from the neighborhood all ranks of naval and military officers tlie builders and artizans of the roval docks, Sc. Sc. all oi mem . a . 4 1 1 ' . , speaking in commenuaiion oi oer enenur appearance and her justly distinguished roomy accommodation within; some, however, tayiag she wa a ninety gun, or first rate, in dbguise ! From the Savannah Republican, F tb. t. The Northern Mail due on Saturday evening, arrived about ten o'clock yesterday morning. and the one which ought to have been received last night, came to town at eight this morning. The delay, we are assured, was not owing to any negligence on the part of the contractor. The roads, in South Carolina, are iu many places so inundated, that tbe driver continued hi journey it the hatardof hi life : in one instance, lie was obliged to dismount, aud lead his horses through . . I i r ' I water waisi nign lur some nines. 1.VCRMSE OF THE JtAVY. OFFICIAL REPORT. Navy Commissioner'! Office, ) January ' - "J, 1818. S SIR The board of navy commissioner! have been honored with your communication ef the 9th instant, enclosing a copy of a resolution of the honorable the senate, and requiring ol them all the information within their knowledge, in relation to the objects of that resolution. Iu obedience to thi call, they make the fol lowing report, aud accompany it with a detailed statement, marked A. which they trust will be lound to meet fully your views of the information required. Of the proceedings which have been had un der the act for the gradual increase of the navy, tlie exhibit will show : That contracts have been entered into for the live oak frames, cut to moulds, of eight line of b ittle ships, and eight frigates ; that the iramr of one line of battle ship and cue frigate, is now cutting from Blackbcard Island, uuder the di rect ion of the board, from timber belonging to the United States; that one line of battle ship is now building from promiscuous timber, collect ed at this navy yard, and that thrre is alto pro miscuous live oak lor Iraming a Ingate, collected aud collecting at this yard, which make the frames of ten line ol battle - ships and ten In g!UCS. 01 the contracts, however, it bat been ascer tained that one which embraced the quantity of live oak required for the frames of one line of battle ship aud two frigate, will not be txecu ted ; and doubU are entertained whether ano ther of tbe contracts, which is for the frames of two ships of the line and two frigates, will be executed. Hence the commissioners can only late, wttfi any tier rce of certainty, mat provi - ic liuc and six Insa'e - . Of the copper and lead required in the coo struction of the ship authorized, when the quan tity contracted for shall be delivered, (and near - ly all has been delivered,) we shall have a sum ciency for all the sliips of the line authorised, and lor ten ingates. Of white oak and pine, it will be perceived that we have contracted for, and otherwise pro - vmeu, as loiiows : A sufficient quantity of oak plank for seven ship of the line and four frigates, and nearly all the pine plank required for seven ships of the line ana sour ingates. Beams for five ships of the line aud four fri gates. Ledges, long combings, and ranging timber for seven ships of the line and five frigates, Knees for six ships of the line and three fri gales. Mast stuff for three ships of the line and two frigates; and we have also engaged, and have now delivering, the keels and keelson pieces for live snips oi tne line and one Ingate. Of canuon, carronades, round and grape - shot we have contracted for the quantity required for two ships of the line. Of irou, we have eosared, and have now on hand, nearly all that is required for four ships of J uie iwc huu one ingate. Upon the subject of the steam - batteries, an - tborised by the law for the "gradual increase of tne navy," tlie commissioner have engaged one steam engine oi one nunured Dorse power Tbe commissioner have also established an anchor - shop at this navy - yard, where all the anchors required will be mads. They are also maKing at wis yard iron cables. One ship of the line it ordered to be laid down at each of tho following navy - yards, vix Portsmouth Boston New - York Philadelphia Washington Norfolk Preparations are also making in each of these yards, and materials to a considerable extent have been collected. Of the ships ordered to be laid down, those at rvew - iork, aorfolk, and Washinet - in. have been on the stocks, and are progressing ; those at tne outer poinst namea, will be laid down as soon as circumstances will admit. The ships now building - under the act for tlie gradnal increase of the nan " are ret - u - lar two - deck ships, and unless guns be mounted on their gangway, which is not usual, thty will mount the same number of guns with our present seventy - fours. Hitherto no ship hav ing but two decks, has rated hirfier than an eighty ; and we beg leave to observe, that the ships now building, are of inferior capacity to .u: r . i . . . amps ui uiucr nations. Having out two UCCKS. ine payment of mnnevs not commc u iihin the province of the board, they can offer no ciennue information upon that subject. Upon this branch of the inquiry they can only afford information as to the probable amount of tlie contracts made by them. As to the payments made up on these contracts, and upon the purchases of the respective navy agents, as also the payments to the superintendants of timber, moulding, the carpenters ami laborers emnlnv. cd in procuring timber, in the construction of the slnps, and in the preparatory arrangements in in? uuicrcnt navy yards, anl tor the trans portation of timber, it is presumed that the auditor of navy accounts can afford precise in - lormation. On the subject of advances unon contracts. the board beg leave to observe, that in two in stances only, namely, those for cannon, carronades, and shot, have they stipulated la mAo advances. In these cases thev atrreed tn dr. part from their general rule upon, the subject, with xriew to the improvement of the ordnance j of the navy, which, having ceo. .u. - mely defective, render., a u J ; - :"7T7 "series of experiments, which subjected the contractois to considerable expence. The navy commissioners would here res - pectfuily observe, that their attention has been engaged, since the act of the 29th April. 1816, in procuring, within the shortest period possible, the live oak timber necessary in the con - .miction of the ships acthorized by that set They found, in Uie outset, much difficulty in forming contracts for this article the live oak growing only in places remote from our navy - yards, and v. here it can be pot out only in certain mnnths 'in the vear. interposed insur mountable difficulties to Us being immediate ly procured : no contractor would engage to .fpin - pr the fi ame even of a fripite, in less than two seasons. One cutting1 scuson only having elapsed since the passage - f the set of the 29th nrit 1816. will show whv a Greater Quantity ..f this t.mber has not at this time been de livered. The commissioners now entertain no doubt of being able to procure all tho live oak required lor the ships authonzetl, as well as every oilier material necessary in their construction ; and, if it should be the wish of the executive, to launch them within the period contemplated by the law, and for Uie sum appropriated. I have the honor to be. with great rcjpeet, sir. your most obedient servant, ' ....... . atx - i rn o JUIl.s iwijutno, President of the Navy Board The Hon. Benj. W. Crovruinthitld, Secretary of the Ravy. CMABiEsrox, Feb. 5. Tht Mails. The Northern Ma i failed again yesterday, leavng 4 due tnis morning; uie Southern .Mail clue on l tiesaay, scsteiuay eameto hand 2 now due. From the dread ful state of the roads, we cannot expect the Mails rrtrularlv for some days The shin Teleeranh. from N. York, which got ashore on Sullivan's Island, in the blow of Tuesday morning, got oft yesterday morning at high water, and came up to town, wnii no other injury than the loss of three anchors, hav ing Parted all her cables dui n.g me gaie La'.ttl from South Jimrrita Capt. Uoleman, arrived here vesterdav from Monteviedo. fur nishes the following interesting intelligence: The reports from Chili were very favorable if the success of the Patriots t.en M. Mar tin w.s a lv;m - iiiff very rapidly towards Lima, while at Buenos Avres there had arrived i squadron of P - irtueuese men of war, the com - m - .nder hud made a formal demand ot tne re - lease of two Poriuiruese East Indismen ent there bv the schooner Ken. Martin. Afu r some time negotiating, and having gone tnro a regular PneCourt, they weiereieased wiim out damages. In the intermediate time, the Portuguese captured a priv..teer brig, al icr 15 minutes close - act. on, belonging to buenos Avses ; this so exasperated the Government of Buenos Ayres, that it was generally oeuevea thev would detain one of the above ships, Inch was already liberated but had not sail ed ; but while we were at Monteviedo, the above ship, in company with all the Portuguese squadron, arrived ; but the result was not known among the Americans the prevailing opinion was before these vessels arrived, that War bi - twecn the Portuguese ana uiienos Avreans would certainly take place. The Portuguese are making great preparations for the defence of Monteviedo. They are very closely blockaded by land, by Gen. Artigas, who has possession of all the country wunin three miles of Uie walls, which makes provi sions very scarce and dear. About the 4th of December, touchetl at Monteviedo, a iirnisn sloop of war from Rio Janeiro, who info - med of an American sloop of war arriving at Rio Janeiro from the United Mates. 'Office of the Georgia Journal,) Milledzeville. Jan 30. S Unpleasant InitUigenct. An eipret from Ceni - rnl Kftiru tn ih" Kxircutive. reached here Tcmgeiice Head - Quarter. Hartford. Ga. Jan. 28. 1313 Sir 1 have rust now received a letter from Wm. Harris, esq. of Telfair, containing the painful intelligence of tbe massacre of Mr. Daniel Oiketand hit family, by a party of Indians, on the Satilla, 40 mile from Telfair Court House. Mr. Harris addt, that there was reason to apprehend tome o:her familiet have fallen near tlie retidence of Mr. Dike. I have ordered a de tachmeot of cavalry to that frontier, to pursue the Indian a fur as practicable. A dttat hraeut cf Col. Winiberty'i regiment of infantry will be sent down the I lint on the Indian side, towards the Big Btnd, with orders to reconnoitre Uie country, and arrest or attack any parties found in that quarter. I have the honor to be, very respectfully, your onedieot servant, EDMUND P. GAINES, Major General Commanding. His Excellency William Rabun. General Jack ton, in a letter to Gevernor Ra - nun, received yetterday, state that he ha in - ttructiont from the Secretary of War to repair to tne rene oi inaian wanare ana late command, with authority to call out from thit State and those adjacent to it, such force a will tpeedily yui cia enu to tne war. From tiie.llbany Daily Advertiser. LEGISLATURE OF NEW YORK. HOUSE OF ASSEMBLY, Monday, Feb. 9. Several messages were received from thi honorable the Senate, informing that the Si n ate had passed the bill entitled "an act res pecting the settlement of the demands of this state against the United States, and for other purposes." The petition of Thomas C. Butler. President. in behalf of the New - York Firemen Insurance Company, praying an extension of the term of I meir charter Referred to Messrs. Shame. iwrmanu, and i urner. Mr. Havens, from the enmmittre appointed to enquire whether any and if any, what amend ments are necessary to the act to suDnres aueiung, report ett tnattne committee had taken the subject into consideration, and that in i ... ....... . . their opinion tbe hrst and second sections of that act ought to be amended. Vom tfu Star London Paper, Get. lUh, 1817. The followihs interesting story mm ri - ltl short time ago, at the Brighten Bible Meeting, hy a stranger, who requested permission to ad drets the company :' Thechildofadrukpn tail. or asked him for bicad. Irritated bv hit reouesl. Uie dissolute father spurned him from him with his foot, and the child fell into the sea from the heath. Nothing could be done from Uie hore, and the child toon disappeared ; but the arm of Providence wa extended over him. and hi linir. ing to an oar or raft, that ho came near, he float. ed till picked up by a vassel then under weizh The child would ouly tell them his name wat Jack, but the bumanitt of the crew led them to taxe care oi mm. foot Jack, a he grew up, wa promoted to wait on Uie officers, received losirucUoni easily, wa Quick and Handy. nH served in tome action. In the list he had obtained so much promotion that he was appointed to the care of the wounded sr - amen. Henhuri ne with a Bible under his head, r nd shewed him to mucn attention, that the man, wlieo he was near dyinc, requeued Jack to accept this Bible, which had been the means of reclaiming him from the Wavs of tin. samr ri,i - uminnf r. Jark rtengmzrd his father in the penitent satlur.n j iiu! itr uie laie exciici so much interest. Hint when the spcakc'tawthctfT - ct it hnd urnH. ,r.H he, with a tn dt how. adrh - d, M Ladies aud Gentlemen, am Pour Jurfc.' MARRIED, Lt errnin?. Iiv II. - I.Vr.l I). Mmij,'. Mr. W illiarn falconer. U 11ns C.thariu .m... Icy, all of this city. DIED, At Charleston, S. C. Mr. John R. M'MiUan, :td S3. EVENING POST MARINE LIST. CLEARED, Ship Martha, Truman, Hamburg j n nowiand NO A RRIVALS THIS FORENOON. Below a ship and a schooner. 1 he Pilot Boat GEORGE, started yesterday afternoon to go to Sandy - Hook, but owing to Uie great quantity of floating ice she met with, wat unable to proceed further than the quaran. tine dock, where she now lies. SAVANNAH, Feb. 2. Arrived, ship Mary Augusta, Porter, New - York, 6 days. Sunday, P. M. Port Koyai distant U leagues, tpoke bris UMliom .if Xpw - ITaven. 10 (lavs fmin itn lut.t.. to Charleston. A ship, brig and schooner in silit. apparently bouuil to Charleston. Uritnli ting inaruiiiui:, newisun, . 1 urav Islaud, 22 days. Briz Levant, Wood, New - xorir, V days. Jan. 27, off Ilattcras, spoke schooner Royal Oak, from Greenock bound to New - York. Sch Nancy, Handy, Boston, 23 days. On the 19th uut. inlat 32, 47, Ion 78, 40, spoke the William & Henry, 2 days out from Wilmington. bound to St. Croix. Sch John Louden, M'Gowcn, Aew - Orleaas, 20 days. CHARLESTON, Feb. 4 Arrived, revenue cutter Gallatin, Rots, from a cruize of 9 days to the southward, with a felucca in company, which she succeeded in getting off from Otter Island, where she had been ashore and abandoned sometime past supposed to be a Spanish prise. A ship, under close - ieeird topsail?, was off the bar last evcuiiig. February stli. Arrived, steam - boat Charleston, Rogers, Sa vannah, via Beaufort 1 day. Saw a ship at an chor off Tybee, with the loss of her mainmast. In crossing Calaboga bound, saw a small sloop. called the Morgiana, from Savannah bound to Beaufort, ashore on s sand bar, on Hilton - llead : hove too, and sent the boat to take ofl'the people, who had quitted the vessel, and were on - on the Sand - Bar, where they must have per ished at high - water, bad they not been re lieved. Brig New - Jersey, Smith, Cork 51 days. Passeng'ers, Mr. Gibbes, and 25 in the steer age. On Monday last, a. fc.. ot aavannaii, spoke an English brig 51 clays from Liverpool, bound to this port. Left, Dec 10, ship Fame, (of Philadelphia; Doiilevy, bound to the Isle or Mayo for a cargo of salt the only American vessel there. Shcr. Highflyer, Coleman, Monto Video, 54 days in distress, bound to Baltimore, with the loss of her rudder in the Gulf Stream. Sailed from Buenos Ayres Nov. 20 1 left the following American vessels : schr. Patriot, Thompson, of and for Baltimore, unc ship .ugustus, of and fo. - do do Globe, Harrison, of Baltimore, for N Haven, 10 or 15 days i Geo. Washington, Yardsley, of and for Philadelphia, unc ; Augustus, Oliver, of and for do do ; Bordeaux, Chase, of N York, from a sealing voy Fe, condemned as uneaworthy j Orri. Deas, nd for N York, unc t brig1 Viper, Abain, of and for Newport, nearly ready to sail. Spoke 15 miles below Buenos Ayres, sch Ellen Tucker, 60 days from N York ; and off Point India, sch Congress, Don H. Almeader, commander, from a cruise, had made 1) captures, 2 of which had arrived at Buenos Ayres. Left at Monte Video, Dec 7, brig Edward, Ross, of Philadelphia, bound to Legho - n, ready for tea . brig Hesper, Mason, of and for N York, in 10 or 14 days. Sch Little - Jack, Davis, Georgetown 7 days. On Thursday last, off Bull's, experienced a heavy gale from N E ; lay to 42 hours, and drified to the southward as far as Amelia Island. On Sunday, off Amelia ssw several bales of cotton and a large quantity of shingles afloat picked up a square bale, marked M Sanders, 1 - - - ., i ur . Mi, tcsterday off .Savannah bar, with jacks flying for pilots ; one of them a ship with jury mi en topmasts. Cleared, sclim. Delight, Lark, . Orleans A'wiftsure, 'I homas. Boston brigs Shepherds, Lines, Bordeaux i Swan wick, Graves, Cork. Vent to sea yesterday, brig Angenoria, Fot - tt - r, for Boston ; schr Carpenter, Stinmn, for Madeira ; Maria, Latham, x tork ; Swiftsure, Thomas, for Boston. THEATRE. For Uie Benefit of Mr. Incledon. And positively the last night of his performance prior to his departure for Charleston. ON FRIDAY EVENING. FEBRUARY 13 Will be presented, tbe Comic Opera of THE DUENNA. Don Carlos, Mr. Incledon In which character he will ting the favorite sontra r ..it . i . i - i . . . . . . . . ui nna a nean nr laisehood fram'u." " An sure a pair was never seen." and Uie admired Balled of Tell her I love her." composed by Mr. Shield, exnresslv for Mr. In. id. In the course of the evening, Mr. Incledon, will sing the favorite Songtol The Mid Watch." The words hy the celebrated R. E. Sheriden. Esq. Music by Mrs. Sheriden. " The Heaving of the Lead " And, (positively for the last time) Gay's celebrated ballad of" Black. Ey'd Sutan." The whole to conclude with the Musical Afterpiece of the T - T? V Dl T' r - n.nc. Henry Blunt Mr. Incledon In which character he will sing the favorite ballad of " Tom Starboard." and he new patriotic Song, written exprestly for this orrs.ion, by an American Gentleman, called " Columbia, 1 he Glory and PriHe of the World. The Ms - tic hy Mr. Chiton, of Baltimore. X" 1 h members of Fire Eneiue Comnanr No. 39, return their unfeigned thanki to Mat thias Bruen, esq. for the refreshments furnished them during the fire in Broadway thit morninar. Feb 13 It JAMES CLINCH, see'ry. The New - York built ship NE6TOK, . toiwill taken freight for the East. - ndia S - f - jsShimld one not offer within a few days. the will then be put up for Liverpool and dis patched immediately Apply to CHARLES HALL, Feb 13 3t 1 Beaver - sL Ast Sit W....s 'J. t M The brig cIDXEV, Crispin, 156 tons, lZLZ staunch good vessel, lately put in rood order lor a voyage For terms apply to J.JMESD'WOLF.junr. Feb 13 57 Fmnt - t. For HAr.1jV.1, The brig A B EON A, George Gray, - master, a staunch erod vessel, burthen about I000 bhlsj u sail on or before th 25th inst For freight or passage, apply to ' JAMES D'WOLF.junr. Ftb 13 57 Froot - L . for wi.1AA.1H, Int. Tt. r. 'i i i . l vfiyf 1 116 la?l sailing, rrguiar pncsei seur. 3bBMILO, BceUc, master: to sail positive ly oa Tuesday next. I'or freight or passage, apply O'.i board, at Murrav's wharf, or to BOGERT icKNEELAND, Feb 13 31 No. 70 South - street. FLOUR, TOBACCO. MOLASSES, V'c 200 Mils. It ichmond Flour 63 lihds Virginia 't'obneco 5: lihd. Mofas SI a!e L'p'aod Cotton 1! licrc Rice 5 ton Lignumvitx, for talc by HOVER I' GILLESPIE, feb 13 tt 1 It I rcBt - strccl.

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