The Evening Post from New York, New York on February 26, 1818 · Page 2
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February 26, 1818

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

New York, New York
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Thursday, February 26, 1818
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COLLLCTtoy or TltS KKyUE. . ' . OFFICIAL REPORT,. Treasury Department, ' J - murr 19. 1818. 5 . Ris I have the honor to transmit herewith, a hwm nrenared in obedience to a resolution of the House of Representatives of the 28th of ftbroary, 1817. . - i h - ve the honor to be, very respectfully, sir, Tour most obedient servant, WM. H. CRAWFORD. The bononble the Speaker of the House of Representative. "a maroBT. In obedience to arewlutionof the Houteofl Representatives of the 28xh of February, 1817, directing the Secretary ol tne 1 reasuiy w i - nort to Conirresi at their next session, tuch measure as may be necessary for the more cflectual execution ol tne laws iorntuw . tion of the dutis on imported goods, wares, and merchandize," 1 have the honor to report That shortly after the close of the last ses - 'ion of Congress, measures were aunpicu, Well for the detection oi uie irauaa won.,, might be committed upon the revenue, as for ucertaining the detects oi toe couccuun - Th - niUrtnra af the customs, under an ex press injunction to inform the Department of every aitempt to. eraao ir muii. existing laws, which should be discovered, ac - cwrr.pi.nied by suggestions of the remedy best calculated to repress the evil, made no com - ' immieation whatever upon the subject Con. sidering that this experiment was made without Drevious notice to those concerned in im portations, and for more than six months of the fflmt active enmmerce ill our ports, the tacit evidence of the collectors, that frauds are not committed to any considerable extent, and that the provisions of the collection laws are not materially defective, appears to be well calculated to command respect. Notwithstanding the result of this experi tnent, there is just reason tc believe that frauds to a considerable extent have been, and now are committed uoon the revenue, in the im portation of articles upon consignment, paying dvalorem duties. Tl ntHCtice of sh ipping merchandise from Eurupe to the United states, on account of the foreign shipper, has greatly increases since the late peace. The immediate cause of tins Increase may be pvobably found in thegeneral distress which at, and since tlut epocli.perv .'ded universally the manufactui injr establish tneuts from whence our supply oi f ireign mer chandise has been principally derived. The manufacton, unable todisposeof the products of their labor in their accustomed markets assumed the character of exporting merchants, . and shipped their merchandise directly to the Uidted States, where it has been sold by their agents or consignees. In adopting tins course, not only the lair profit of the manufacturer and exporting merchant, ss concentrated m the ' hands of the latter, but also the loss which the revrnuetus'ainsby invoiceing,the merchandise at the actual cost of the rsw material, and the m ice of the labor employed in its manufacture. Should any part of this profit not be realized, from the circumstance of the merchandise being sold in a glutted market, or from any other cause the articles reach the hands of the consumer at a rate lower than they could be sohl by the fair American importer. In either event, ' the honest American merchant is driven from the competition, and in the latter the domestic manufacturer s deprived of the protection which was intended to be secured by Uie leeis latun - But, independent of thi evasion of the revenue laws, which, by those who practice it, may be deemed consistent with the principles of morality, a practic e of a less equivocal char - acter is known to exist in importations, made by foreign merchant upon consignment - There is abundant reason to believe, that it is now customary in importations of this nature, to send wrb the merchandise an invoice const . derably below (he actual cost, by which the entry is made and the duties secured Another Invoice at or above the actual cost, is forwarded to a different person, wiUi instructions to take and sell the goods by such invoice. In this manner the person who enters the goods, remains ignorant of the fraud to which be ha been innocently made a party, and the frandulent importer escapes with impunity. The facility with which frauds may b practised, hy permit - una entries to be made Dy persons wno Know Homing of the correctness of the invoices by which the duties are to lie ascertained, so strong ly invites to the substitution of raise fur true invoices, that the practice must necessarily be - . come universal, if suitable checks are not devised - against it. It is also ascertained that resident merchants have, io some inttmcet connected themselves with foreign mercantile houses, which are in the habit of purchasing cloths of every de scriptionin their rudest stale ol manufacture, which are, in tlieir lioadt, brought to the highest state of perfection, br dying, dresiiogor bleach - ing, according ta the kind of clolh purchased Such articles are invoiced at the price given for them in their unfinished state ol inaiiuiociure, and upon those in r oice the duties are estimated. Connections of this kind will necessarily increase, and eventually embrace the whole catalogue ol articles paying ad valorem duties, unless check calculated to repress the evil, are promptly devise I and applied. The practice of entering rtodt without invoice is another mode, now frequently resorted to, lor Uie purpose or evading toe pavment oi me unties which are legally demnndiiie upon them. In these c ses, and indeed in all cases wiiere the collector shall suapect that the invoices are frau dulent, the resort to appraisement, authorised by law. is e - enerallv found to be in favor ol the im porter, and against the government. This may, in some measure, be attributable to the defect ol the existinz provisions upon that subject ; but the universal experience of every detriment of the rovemment, proves the danger there is of submitting any quest ion to the decision of persons acting as arbitrators between the United States and individuals. In most cases of this kind, the appraisers are lonuencca ny a mornio sensioiir ty, which almost invariably impels Uiem to sacri sks the interest of tbe nation to that of the iniii vifual. Indepeacent, however, of this indefen sible principle of action, tbe re mtst necessarily exist in most cases of appraisement undtr the collection laws, some individual bias in favor of the importer, The decision is to be made by merchants, aad if made in lavor ol trie government, the repstation of the party in interest must be seriously afli - cted. Tbe persons called uikmi to decide, may themselves be placed the next day ia a situation to have their repo.ftin assailed by thr same means. Tbe great body of Uie mer - en lots may. iu the question under - consideration, I : r j . . , ueticweu a a oisunct eominunnj, uouou vi - ge'her by tic general inscrutable to the collector ; performing successively for each other, acts by which (heir pecuniary interests oftentimes require a unity, totally incompatible with Uie disinterested discharge of the duties of an appraiser. Should, however, the appraisement, m decile of all then obstacles, c rrespond with the iatpressions of the collector, uul seizure of the merchandise be ma Je, the party is allowed to prove th actual cost ol the articles, and time is generally allowed by our Court;, fur the x - amiaation of witnesses bcyood the teas. The result of an investigation, under such circum stances, can hardly be, considered doubtful. In making these observations, uo ttnuutatioti upon the character of uie American merchant is intended. As n body of men, they w highly re apectdile for their intelligence, integrity, and rpcct to the laws, i) far as they are directly concerned in importations, I believe, with the collector nf the custros, that the revenue hs been g - norallv fairly paid. But it is impoible that ih hieh charar - ter which tliey hve luihcrto saaint lined, - houlJ be Reserved against the. rubious competition in wbich they have, since the ve, - been unless the f - .au I ractul See the Treasury Circular of the 7ih of May, by the feraiga iaporUr shall bs effectually re strained, indeed, were is smh r lie re that some among Ibens have already rs - sorted to practices not less cflectual for evading the payment oTduties Jusuy aeaaanaauje than those wbich have been, with so much soc - , m .mnbnad bw rain imDorUrs. It has ire - quently happened Uial a vessel, dob h ticular port, is freighted by merchants rewUing in he principal coinmercial cities, la such ca - ... ,h. mkIi ha renerallv been entered by an agent or consignee, residing in tbe port where Urt vessel arrives, and the goods so entered are re - .ktnnl in thtir orurioal packages, to tbe ports where tbe owners severally reside, or to other ports ol the United States. The entries are consequently made upon such invoices as axe for warded te the agent or cwasiguw, m u.v, - MTinMa of which he is wholly ignorant. The nadt thus resbipped in the original packages, Savin? andenooe no examination, are not sub jected at the port to which they are rehipped, 10 that KUKJ ol examiuauoa waicn iney wuuiu have undergone had they arrived directly from albreisn port. The importer, therefore, not only avoids the necessity of swearing to the cor - rectuess of the invoices, but also eludes the vigi - laoceoflhe custom - house, as his merxdiandise, at the port where it is opened and sold, has ac quired the character of articles upon which the .luties have been paid or secured. Cases ol tnu kind have so greatly increased since the war, that it is difficult to avoid ascribing the increase, in some degree, to motives incompatible with the high character for integrity, and respect lor the laws, which the American merchants, as a body of men, have so justly acquired. There is come reason to believe that evasions are sometimes practised under color or discounts allowed on tbe prices charged m tbe invoices Under the treasury regulations no conditional i counts are allowed ; but it is extremely dim - rait to ascertain whether they are absolute or conditional. In order to provide an adequate remedy a - gainst (he frauds and evasions which already ex nt, and to prevent their further increase, it is res pertfully submitted that provisions to tbe follow ins effect be adopted : 1. No goods to be admitted to entry where the invoices are not produced, except goods taken from wrecks, and under other circumstances which preclude the possibility of procuring them. 2 In every entry of goods subject to duty, tbe party making the entry to state, upon oath, whether he is the owner, and if not, to state the name and residence of such owner. 3. Every oath of entry, in addition to what is now required, shall state that the invoices produced, exhibit the true current value of tbe article in the state of manufacture in which tbe goods then are. 4. If the goods do not belong to the person who enters them, bonds shall be given, as in case of an agent, that the owner shall, in due form of law, verily the invoices hy which the entry is made, ui produce other invoices, verified in like manner. 5. That where soods are reshipped coastwise. in the original package, invoices, certified under the hand and dui lalseal ot trie collector, most be produced at the port to which they are snipped, aad tbe same inspection shall take place as if the vessel shuuld strive direct from a foreign port : oo failing to produce such invoice, tbe vessel and goods to be forfeited. 6. That aAer the day of next, no entry of merchandise, paying ad valorem duties, ball be made upon any invoices where the owner resides out of the United Slates, which shall not be verified by the owner in the manner required by the foregoing provisions, before the A - merican consul at the port of shiment, or of some other port. And such owner shall further state, whether he is the manufacturer of the goods de - ;ni - u in sucn invoices ; in wnicn case ne snail further swear, that the prices charted are the current value of the articles, and such as he would have demanded had they been sold in the usual course of trade. 7. That for the appraisement of roods in all cases required by these provisions, there shill io each of tbe principal ports be appointed, S per sons well qualified to perform that duty, who, together with a respectable merchant, to be cho - ieu by the party in interest shall, upon oath, make such appraisement. In every case tbe merchant selected by the party in interest, shall, upon oath, declare that he has oo director iodi - rect interest in the case. In the smaller ports, an inspector of the revenue best qualified for that purpose, and a disinterested merchant, selected by the collector, and another by the party in interest, aball be the appraisers. B. Merchants selected by the parties in inter est and by the collectors, shall be compelled to serve by the enactment of suitable poiiUties. I be compensation to be allowed them, to be e - qnal to the rate' received by the appraisers. 9. in all cases where there shall be lust grounds to suspect that goods paying ad valorem dutie, have been invoiced below Uieir actual cost, the collector tliall order them to be apprais ed in the manner already described : if the appraisement shall exceed by per cent, the invoice price, then, in addition to the per cent. laid upon correct and regular invoices by the existing laws, tiicre shall be added per ceutum upon the appraised value, upon which aggregate amount the duties hall lie estimated. 10. One half the duties accruing upon such additional per cent shall be distributed accord ing to law, between the custom bouse officers of the port. 1 1. The same proceedings shall be bad in all cases coming within the 6tb provision proposed, where the invoices are not verifi d before au A - merican consul. Tbe same additional per cent. shall be laid upon the appraised value, as io case of Iraaduleot invoices. 13. But no such addition shall be made in a. ny case wnere tne goods are shipped from a country or state, in which uo American consul resides. 13. Nor shall such appraisement be necessa ry where the foreign owner is present aud enters the goods. 14. The same appraisement shall be made, previous to the en ry of the goods taken from wrecks and also a reduction of duty is claimed on account of the goods being damaged in the course oi the vovags. 15. The expenses of appraUemeut shall tie borne' by the owners of the goods in all case - , except where the appraisement ordered in Ihe allegation of fraudulent invoices shall not sub ject the owner to the additional percent, direct ed hy the foregoing provuiooj, and iu cases of goods taken from wrecks. 16. 1'he appraisers in the principal ports shall receive as a compensation lor their services lollars per annum. The inspectors io the other ports who shall perform the duties of apuraisere, shall receive tne lull allowance of inspectors. whether thev are actually employed throughout the year or not. 17. Iu every case of e ntry upon invoices, the collector of the port where the euti y is mide, shall certify the inroices under his official seal. In a.l contestations concerning the said soc Js. oo other evidence of the value thereof shall be admitted iu anv court of thi United Slates, on the part of the owner of tuch goods. 18. Counterfeitin; any certificate required by these provisions, to be felony. 19. That for every venhcatiooof invoices before an American consul, there shall be paid by in pvtr makiii'the oath, tbe sum of dal - Ur, for the ue ol such conul. 21). Thit oo discount be allowed except where 4he oa h of entry, or h.U taken before the American conril, fh'.lexnre - s!y state, that it has been actually allowed to ihe p ircha?er, in the payment made by him for $;ich coodx. 21. That the ca'lionnf the different ports be author"..!, at thoir dis. reii.m, or upon in struttions from the licrvnrr d. lunnient ' to sub. jeet to the most rl - id insnectio'i, a certain pro porim of tiia 5ackae - imported info their re - :! :ive p,r., an J it th - y ire not agreeably to invoice, cr falsely charged, a full inspection of Uie whole iliall le made. Wbers my paciags shall Contain articles not doecribed in the invoice, tbe whole package to be foi felted. Vt r.verr bond taken lor airocs suau " ecuted by at least one American merchant, or br a foreign merchant, who baa resided at least yws in tbe United Stales, and has held b lease daring that time, m tenement of the yearly rent of at least dollars. 23. The bondsmen to be KaUe for any pecu niary penalty incurred by frauds on the revenue. A'wh liability to cease upon the delivery nf the roods suhiect to forfeiture. $4. The execution of a bond for the payment of duties by one partner, to bind the firm. 1h ilntition of the forcaoinf provisions will, as far as it is practicable, prevent the entry el foreign roods without an appeal, euaeriuo tioa of an oath, to the conscience of the party who is in possession of all the circumstances connected with t'le purchase of them in foreign countries. Where this oath is not obtained, tbe provisions are intended to guard against decisions injurious hVlhe government from indirect interest, or from the more general inclination which seems to exist in the community, to favor tht interest of individuals, at tbe expense ol tne na tion. Whatever mav be tbe reliance which ought to be placed in the efficacy of the foregoing provisions, ll ip certainly iruurn w uiuihiln - all. it, ll.i nf article navinsr ad valorem duties Th. iv, minniinai which circumstsuces have permitted, has resulted iu the conviction that the folio in j list of articles now pay ing ad valorem duties may be subjected Io the specific duties, viz : Anvils J cents per lb. ; axes, broad 30 cu. each; narrow X3 cts. ; naicnets la cis. ; win w . augurs, not exceeding half so inch ljcu.; above that site, and not exceeding 1 imbe 2 cts. ; above an inch and nol exceeding 14 inches, cts ; inni ihaitii iei. i ehusels. oot exceeding ball an inch I ct. ; above that sine, and not exceeding 1 inch 11 cts.; above an inch, and not exceeding 14 inches Z cts.; above tnai sine z,; nmmrn,uii smiths' 21 cts. per lb. ; claw hammers (carpenter ) 5 cts.ea h ; hoes, broad 12 cts. ; narrow 10 cts. ; knives, curriers' 40 cts. ; cutting 5 ct. ; drawine !5 cts. ; scythes lit cu. ; reaping honks or sickles n. t rake 10 cts. : saws, cross cut 100 cts. ; whipsaw 100 CM. ; handsaw 45 cts. ; tennorsaw 2(1 cts. ; spades 15 cu. ; andirons, cast iron 1 ct. per lb ; wrought iron 50 cts. per pair; brass, or ol brass U any other metal 2(KJcts. ; fenders, iron !U ct. each ; of brass or steel, or parts of either 20tl cts. : shovels and longs, iron M cu. per piur , sleelor brass, or parts of either 15 cts. ; muskets 150 cts. per stand ; rifles 2j0 cts. each ; fowling and huntinr pieces, single barrel 400 cts. ; double barrel 00 ct. : cannon, cast iron I els. per Id brass 8 els. ; frying pans 25 cts. each ; gridirons and griddles 20 cts. ; vessels, cast iron, not otherwise speci6ed 24 c Ppr lb. , of copper 10 cts. ; of pewter, including dishes, plates, batons, tankards, spoons, and other utensils, not specified 3 cents ; tin, in sheets or plates, 4 cents ; bandanna, flag, and other silk hanilkercniets, from India, not exceeding 36 inches square 15Vts above that size 20 cts. i cards, for carding 20 cts, each : cotton bacein? 6 cts : drugs, aloes 2 rt per lb. ammonaecum (gum) 4 cts. arabic (gum) 2 cts. assafoetida (gum) 5 cts. Senegal (gum) 1 ct giiiacum (gum) 2 cts. cream tartar 1 ct. jalap 3 cts. ipecacuanha iu cts ; gloves or nuts, long sua 100 cts per doz. short 60 cts. children's 40 cts. long cotton iO cts. short cotton 0 cts. children's cotton 30 cts : lints, woolen or felt, men or women's 20 cts each, children' 12 cts. beaver, men or womens 100 cis. children's 50 cts : liann and oiher bacon 3 cts per lb. ; lionrv, fi cts per gal. hnirpowdrr, 6 cts per lb ; horns, ox 75 cts per 1 00; horn tips 60 cts per iuu ; horse hair Z cis per lb. ; learner, soai 8 cts. dressed 10 cts : lard 2 cu ; lemons 25 cts per 100 ; limes 10 cts ; liquorice 2 cts per lb : mnhoga - ny 1 ct per foot ; madder 1 ct per lb ; mislai d (except seed) IC cts", nankeens, India short pieces not exceeding 7 yards and liJ mcfu - s in breadth 25 cts pur piece ; India, loug, not exceeding 10 yds. and 25 inches in breadth 40 cts per piece ; Pieces exceeding these dimensions, the doty to be in pro portion to the loregoing rales ; oil, olive, in bottles 40 cents per gallon, caMor 20 cts. linseed 20 cents ; olives cts. ; capers iaj cts ; oranges su cis per 100 - . opium 25 i ts pei pd. ; pickle, 10 cts. pr. groce ; pine apples 2 cts each; pipes, smoking 10 cts per groce ; f rnssian blue 10 cts per pd. - , pre serves, roinhts, and sweat meats, in sugar or brandy 10 cts - , quicksilver Sets per pd. ; rice 60 cts per 100; rhubarb 4 cts per pd. ; saltpetre, re fined 2 cts. crude I ct ; slates 1 ct. each ; saddle trees 25 cts. ; snake root 2 cu. ; saffron 2 cu. ; senna 2 cu ; s&ssaparelln 2 cts ; stockings, silk, or where silk is the principal material, whole 3 Hi cu per dorm, nan do l.i)l ct. quarter oo 73 cu. col - ton, wool or flax, whole 150 cts. half 80 cU. quar ter 35 cts. children's, Ihe duty upon Ihe quarter respectively r vitriol 4 cfs per pd. ; umbrella or parasol, covered with silk 100 cts each, cotton CO cts. sticks and frames 30 cts ; wool blankets 20cu per yd. carpets, inferior to RrusscU cts. Brus sels aud outer superior iio cts ; namieis or couon mixtures 12 cts. At present Bobea teapavsa dutv ef twelve cenu a pound, while all other black teas pay twenty - five tl. - .1 .v ... I. . rrius. a lie gretu uin rem e in iiic uui inui y these kinds ot teas, and difficulty in di - tinguishiiig between tlirin, have, it is believed, led to ilic com munion oi frauds upon the revenue, by import nip under the name ol Bohea, every species ot black tea. As the whole of these tens in common with Bohea, have grown into general use among the poorer classes of the community, the propriety of considering lliein nil to boot tne sameclas,lortne purpose ol duties, and ol laving upon litem, eigh teen cents a pound, instead of the duties uow im posed, isresperttully suggested. By the present tariif, MaJi iia, Burgitrdy, Cham' paiirn, Rhenish and lokav wines, p;iv 100 cents i gallon, and Sherry and St. Lucar, iKl. All other wines when inmoi ted in bottles or cases, pav 70 cents a gallon. This last dutv principally arttrn the cUicI wines of France, which, at the principal port of shipment, do not generally cost ten cents a gallon. A small portion, however, ol these wine$. sell as lugn in ISnrduaux, ns .vledeira wine in the tinted Mates. 1 ue smiul qua.itily l 1I114 ipiiil ty of wine produced iu F ranee, anil Ihe gieal li taaiid for it, produced by Ihe necessary supply lor the tables ol" the rich iu that ai.d the ucighixirin;, countries, will never admit of nnr considerable importation nf it into the ( n.ied Stiiles. To di termine the d'i'v upon chtrei, with a view to th inconsiderable portion of it, does not anuearto In judicious. Consideiiiig the cheapness of the common clarcti, and the salutary eiVjcts produced by ttiein, compared w ith most oilier wiues, the expe diency of reducing the duty to a mure reasonable proportion to the cost of the article is respectfully suggested. A duly of 30 cents a gallon upon all cnirei imported 111 uoiue - - . or cases, and ot 15 cents when imported in any oilier manner, would be higher thau the duly now impowd iijk.ii Madeira wine in proiKirtion to their reflective cost. Siiiuc;ling, by the introduction of articles clandestinely and without entry, is principally confined t,i the eastern section ol ihe sea coast ; to i!:e points of the coast bordering on east and we I Kloridas to the c last went of the mouth ol the Mis sissippi river, and to the inland frontier. The vi gilaiM e of the custom houses, ith thr aid of re venue cutters and of some additional provisions wnicn nave oeen suggested by experience, will be sufficient to repress practices 01 this Kind, which are necessarily resorted to, only hy person 111 dev pernte riicuiiistances, and 101 sei.nenili . are car ried 011 upon a ronirai led scale, compared with the great mass of importations into the country. 1 tie multiplication ol small poru of enlrv in the Chesapeakr Bav, has probablv, and rertainlv ac - cnnliiiztopuliic opinion, given rise to mure smug gling than any advantage lau ly resdime 10 the 111 haSilants of those ports from then establishment, w ill compensate. As a measure well calculated t'. aid in repressing this kind of sinuc is nro posed to auth.u ixe the romniande s of die revenue cutlers to require the production of ihe manifest. of the cargo ot all vessel boarded by them, when an omceroi uie custom ig not pit sent, and that they be empowered to perform ad acts which an inspector oroth - r revenue olliccr would be permitted to perform, iu relation to the manifests so produced. It is also respectfully suggested, thai provision lie made for requiring of all pilots licensed under the state laws, to report, under Ihe sanction of an oath, every vessel piloted by tlieni into anv poitor piace, 10 we collector 01 ;ne oortto which tliey belong, as well as to ihe collector 01 the district into wliu - n the vessel is piloted wiihm niter such vessel is conducted to its place of destination. On lailure to comply ftith this nrovnio 10 be fin ed dollars or imiirisoied m - intli, aud upon second conviction of the same offence, to be rendered inraiutble 01' exercising li.e function 01 pilot, iu addition to the penalties pn scribed for me ursi onenre : or me pilots might lie sworn not to pilot any esel arr.ving from anv foreirn non. nio any inner mail a port 01 entry, and bonds might lie required to tiiat effect. The difficulties w Inch hare been experienced in the execution of tlie eommcrcinl convention i be tween this rounlry and urrai oniam, v - w....B from the entire independence of this class of men, of the laws of Ihe Union, regulating foreign com - erce 1 ana waicn nave piw". ' nations on the part of the British government, . nf . 1. .nil 11 if the au - roay augxrH 11m p'wr1 - z c ... thoritv of the federal government over Uiem still . - .1 .1 &r ikaMMMii. m. TMIUK. IllTllier Wan mrMIKlV w iwirniw. - - - 1 .in 1 .J.J . i jVEiV - YOHK EriuNlXG POST. THURSDAY, FEBRUARY 26. The Secretary of tbe Treasury has made bis re port to congress of tuch measures as he thinks necessary for tbe more effectual collection of the duties on imported goods, wares and merchan dize, and to prevent smuggling and frauds being committed on the revenue. We hope the secre tary will add a clause forbidding the custom - bouse 'otTicersto seise and detain printers' newt - papers. The tchr Exchange, Cooper, arrived below at Baltimore, last Monday, in tl days from Lagui ra. Capt. C. informs that according to what information he could collect, business was at a stand at that place. There ware frequent ru mors of battles between the royalists and repub lican forces, with various succest the accounts so contradictory, that it was impossible to form a correct opinion of wbich party was most success ful. A few hours before tailing, an embargo was laid there, on account of a patriot cruiser being off the island of Roca ; after which a Spa - nith frigate had gone in quest of it. Permission had been granted to the Exchange, and Josephine, to depart by their taking tbe leeward parage They immediately commenced lowing out and when abreast of the fort, an order was rent lor both vessels to come to anchor. The E. kept under way and was two days be calmed in sight of the harbor, and by no other vessels attempting to put to tea, was under the impression tho embargo was strict. A Spanish brig arrived at La Guyra two days before her sailing reported that six Lours after leaving Ca diz thewas plundered by a small felucca of f 10, - 000 specie. A Meadville (Pennsylvania) paper states, that Ihe late (all of mow was six feet deep in the neighborhood of that place, and that the roads are impassable. That die public may tee the light in wbich ldTereut men regard the subject of South - Ameri ca, we republish the following communication For ourselves, we desire to be considered as a - dopting the views of the writer of the letter from Washington. To the Ediior of Uu Ertninr Pot!. SIR Having read with due attention the let ter of your correspondent, published in the Post of the 19th inst on the course of conduct that this government ought to adopt with regard to 'he patriot colonin, the interest that I feel for the, welfare of Columbia, with which I am coo nected by all the ties that can bind men to a country, obliges me to trouble you with some other contiderations, that are, in my opiuiou, wormy me auenuon oi wis nation. II I differ, in some points, trom your respectable correspond. em, ici n uoi n impuiea to a disposition to cn ter into controversy. I am foreigner in the i imeu oiaies, ana well as l may and do wish tht country, every circumstance conspires to con. vince me that I am quite unfit to meddle in thr political discussions or high affairs of this nation ; i m.iy, nevertheless, point oat some facts, sorer reasons, that ought not to be overlooked in such a m' mentnus question : this it tbe best apology I can make. The consequences that your correspondent foresees, resulting from decisive and irrevocable measures on the part of the United States, with regard to those colonies, are : 1st, a war wi'ti Spain ; who would not see with iudifference any steps, however just and lawful on the part ol this government, calculated to confirm the beliu that ber authority hat ceased in some of her la! colonies ; 2d, the fear that other powers should be drawn in to lake a part in favor of Spaiu, iu a war navuig lor iu ooject uie separation or those colonics. V our correspondent thinks, with the nation, mat a war wun spam alone could not be formi Jablc ; but I doubt whether gpaiu alone, hausrh - ty, proud and ignorant as she may be supposed, would dare to declare war against the United :tatcs ; not because she is disposed to avow th it the acknowledgment of 'he soi - trcisntv of those Colonies, a hich are in complete possession ol all the attributes of a sovereign power, would be in perfect uniwn with the "eternal laws of justice anu uie pnicuce oi nations, Out because she will car. fully avoid, in her present dejected situation, giving an opportunity to tho Uniled States Io t - ke of Iheouelves a redress for past injuries, so pauenuy euuureu, ana, as ought appear, so generously deferred, and because she knows that at the umnient when the might declare war a - jrainst the United States, she would bid farewell to all her American colonies ; and she is rather li'iKtaed to lose the whole of Andalusia than the kinguiiai ol Mexico. Co - by other powers in favor of Spain does not seem to me very probable, at least while the U. Slates aJhere to the declaration ol "he president, that they would neither seek nor accept from those colonics any exclusive aJ van tage, l ne trade ol Spam - h America has acqui red so minh importance, that it may be consi deieJ as due to l.urope ; and no nation, which may nave ai neari ner own pro - penty and com tori, will ever object to the cessation of t.'io e disgraceful restrictions, which till new havecha acterii'id that trade. Thus it is that those na turns, up to the present moment, have professed anu maiuiaincu a unci neutrality and consi urring tne war in spam - h America a a ci il war, ai,d considering also that the continuation of the bloody scenes by mhith Spanish cruelly has endeavoured to check the firmness and glorious perseverance of those who struggle for their rights, would render America, at'regards Europe, a perfect nullity, thev have agreed on looking for a mediator, and have actually invited England to become ru'h. The terms which they will propose for this mediation are not yet Known, hut whatever the) he, the result caoonly be doubtful wi:h regard ui . lexKOHii.i uie rpanrn wain, in some pans of wliich the royalist; are be'.ter armed and bet ter p. - ovidr 1 with military rtores, and in some ott.rrs th armies ol the contending parties are a bout equally trou but with regard to the pro vinces w iji nan ana luili. where the kina h.t not a soldier, if we exce pt pcrhau the small c v tie of Talcahnaoa. who.e puinul - r ii iatioo was to favorable last year !o tho. wl. lock a helter within it walls, the mcdiati. can have hut one result, the only one that ran talc place etweon two different nations, peaee mA snde - 1'tndrtiet. Utit loet not that vry fear of ro - operatkm by ether Edropeau powers .n fare of fVdiaiod the ?!h, suppose a distinct interest in tb governments irom the .n!rest of th? U. iHu - j ? and whst are the di L - iits of reao.i and self - preser - . - ..'io in such cri.ical circumstances f To re - Jiain passive spectators cf such import an events, r radiee Li foster as much a possible ly iudi - ert ittcasurts the frsca'ioo of nati.t. 1 1 our own hemisphere, which nay have MroUal or analogous interests with the U. States? Long bat Europe Deen conienuiu; iur """ - ' - quiUbrium of power ; that long and bloody con - test nat terminaiea in forward the U. States ought to consider them - ... . . f sn.1 Tvi .ml. selves as an msuiauo. uncooues u ten power, whose institutions are adverse to the universal system of the old world ; let them, therefore, endeavour to protect and multiply the existence of nations whom they may call friendt ; let them establish, iriiisptiuie,u cm. of continents ; and thus, and only thus, the succeeding generationt will be able to bless those who will nave set up uie idbwu righU. COLOCOLO. (7b bt concluded in our next.) Court Martial. If, (I speak hypothetically,) if Uie facts in the following communication, be true at stated, then is it, not only a case of enormous oppression under color of law, the worst of all oppressions, but a case of downright fraud. The statement ought to excite public attention. Mr. Coleman, Sir Having observed in your paper tome time since, tome remarks relative to the court martial for the trial of those persons who failed or refused to perform the tour of military duty for the defence of our city in the year J 8 1 4, 1 subjoin an instance of the exercise of their long dormant authority, which appears to me to be fraught with injustice, and of which you can make such use as you think proper. On the first day of September, 1814, a citizen received a notice to appear the next morning on the parade of the beat in which be resided, for the purpose of being mustered and enrolled in the service of his country. Instead ot falling into the ranks of this company of infantry, or as they are, by distinction from the artillery termed, "the militia," he repaired to the rendexvous of a uniform corps, in which he enlisted, marched to the post assigned them, was regularly mustered with them, and with them performed three months duty. It maybe proper to observe here that disputes had, at this time, arisen between the rommaud - ants of tbe artillery, or uniformed, aud the infantry or militia companies respecting those individuals who joined the former about this time In consequence of which, an order was issued by the geueral commanding the division, under date of the 5th September, from which Uie following is an extract. " Individuals of the militia, who entered volunteer corps previous to the muster of Uie 2d inst. will continue .to do dut with such corps. All who have entered since, will be returned to the companies of their respective beats, until further orders. Application for those of Uie hitter description wilt he made to Uie officei commanding the volunteer corps into wliich they have entered, aud all questions of rigli'. which may arise will be referred for decision to bead quarters." Iu tbe course of that month the individual in question was summoned before a court martial on a return for absence from the company of his beat He accordingly appeared, and gave as his excuse, that he was enrolled in a volunteer com - ;any, in which he bad served on and since the 2d September. No further questions being asked, he retired, and considered the business as seiUed, until a few days since, nearly three yean and a half having elapsed, whea, he was waited on by a deputy maishal with a warrant, not for tne whole penalty of ninev - nx, but for the sum of texenty - fire dollars." This it one of many cases which might be cited. now sir, if a citizen can be fined for omitting to perform that duty which he has performed, and his performance of which has been acknowledged, by allowing h:m the compematiou there - for; if a court martid may give an accused per - soi' reason to believe that lie is acquitted, and confirm that belief by suspending its penalty for so long a period, and then co.omunic.ite or mitigate a penalty of which either the whole or no part bad been incurred, then will this claim be quietly submitted ti ; but then let us have mar tial law at once, the certainty and promptitude of which will compensate for its severity. MILES. For the JV. T. Etening Post. Butnoi .tyrt. If the gentleman of intelli - gtnee and ttrtct veracity, who wrote the, sketch under this bead, had carefully observed the characters, the turn, the maimers and address of the people, bmoug whom he says, he resides, and a - hove all, (as a prudent and honest man ought to do.) endeavored to pry, as far as it is possible, into both their hearts and their heads, be would not have published Uie fahhoods contained in hu letter of ov. 20. To prevent, however, an - f - tte impressions, Uie followiu true statement, Ihot.irh short, is offered the public at lbi late day, ;is he article referred to was not seen till to - day In a couutry in which caitlc ai.d sheep are in such abundance, there are of cnur,e numbers ihat die a nv.ural deth. 77irte, and no othm. .ire immediately carried off to the kilns ; not being niflYed in any town for a mcroeot to be ex - osed in their streets ; where hefct and the like nuisances, are not to be louud ; the regulations lor Ihe purpose being most strictly enforced. That a bull or an ox may be bought for a dol - lar, is not less untrue. Their price varies from 5 to 6 dollars, and tbe hides alone from 20 to 22 hillings, and la pesada, or 3i lb. wt. ditto, from 30 to a2. Nothing comparable to tbe tea - parties in Virginia, or else where arc the Terlulias in South America. Tluy are Uie assemblage of friends, welcomed as member of the tame family, and treated as such ; where the most decent and pru dent hilarity reigns, without the constraints of formal ceremonies. Hence, the ladies may appear more free, because less prude ; more ad dicted to gallantry, because less artfully reerr ed. The writer of Uie same communication, no doubt, forgot, that all general reflections upon nations and societies, are the trite, thread - bare jokes of Uiose who set up for wit, without having any. G. G. f rom the Albany Daily Advertiser, Fih. 21. Yesterday being the anniversary of tho birthday of Washington, the House of Assembly ad journed immediately after the reading of the mi - UU'14. The ienate yesterday passed the bill from the House, relative to tbe remtuas of Geo. Montgomery. The bill to incorporate Uie New - York Typographical Society, passed tbe House ol Assembly on Saturday. From the JS'ational Jnlttligencer, Feb. 21. A private letter from New - Orleans, of the 26Ui ultimo, to a geulleman in this city, furnihet the fo'lowing information from Fort Scott : " Lieut. Sharp, of the army, has (his moment arrived here from FottScoti : which tvwt he left .n th lOta inst tie states, that Dot any of the provi - out irorwarueu irom few - l;Ne.i, tiv the rnn. tractor) had rtaihed there; oue of the vessels . . ....... . - iau returned to .tiotme, tne other supposed '.o be lost at sea. as nothing has been heaid of her mce sue i u nece. it appears rrora the statement o lieitt. S. that there it no possible bopo ol j. - tting provisions ou to (hat place, as tbe river is l.ned with jd.sius, aad every mot! - ? of convey. e cut off by them. Tbe troop at Fort Scott will have to fall down to the mouth of Uie Apa - ;vhicola, at whith place thev can be supplied, otherwise they must go in to jport Hawkins." previous letter from the tame gentleman, meltons, that a considerable quantity of provisions, forwarded from New - Orleans for Uie ar - nt. li rs ff Pennrff!i l . T V. .. . I I torued back by the Spani - h authorities nt that place, who refiued permissija - to transport tht uppues oy me cjranirea. oa Ross has vacated hit seat as a repremt aUvc in cengreif, from Pennsylvania, bavin. a. ccpted the appointment of president judgt VHE VI MV jaa wwow V Hiwv nv il Jobo Crowtll hu beeo elected, by the W I i.i r a uv,nMA i.;Kn v. ,ii. . lTsyt Uiurv Ui nwuaiusi tinwij t4iq urgifl Jr; i lUltl IVUllUll iirwugirssi CONGRESS. One of those events which society has t.. qncnUy occasion to deplore, and seldom win more siucenty than on tne present, arrested th, progress of public business in both houses of cog gress yesterday. On Uie meeting of the house, of rcpreientj tivet yesterday, alter Uie usual form nf readied Uie journal of the preceding day's sitting ' Mr. Newton of Virginia, rose to announcti. Uie house Uie death of bit colleague colonel IV tenon Goodwyn. On me (said Mr. N.) devolves the melaoenoh duty of informing this house of Uie death of tl late worthy associate, Mr. Peterson Goodwyi of Virginia. Mr. Goodwyn died at hit teat Virginia, on the 2 1 st of this month. He hai p,. formed, and finished, hit duties here, and with clear conscience, and in the full expectatioaf the reward of his virtues, he has gbue for a tiuit to repose with his ancestors in the tomb. , miableness of disposition io suavity of manum in acts of benevolence and charity in ,i.n,i: nefs of friendship, aoJ in love and devotion to Uie republican institutions oi his country, he w.a surpassed by no man. Mr. Newton then offered the following rc.,! tion, which was unanimously agreed to : Resolved, That the members of this hotu will te&tifr their respect for the memorv of iv. terson Goodwyn, deceased, late a member of thit body, from tbe ttate of Virginia, by wearin crape on the left arm for one month. And then, ou motion ol ilr. I prsyth, the honu adjourned. The foregoing proceedings being commui,;. caied to the senate, they adjourned also. CHARLESTON, Feb. 19. Caution to Merchants. Yesterday a factur who bad sold a parcel of cotton, to a mercbiot in this city, ascertained that a fraud had beto practised on a respectable planter of Lancaster who bad sent his cotton to one of hit neighbori to be ckaned and packed, and wbichhebrou 'V. with the rest ol his crop to our market. What led to the discovery was the apparent diffcrenct in weight, which induced tbe lactor to call on Uie merchant, apprise him of hi suspicion, and request au immediate examinaUon ; wheu, ot cutting open Uie suspected bale, it was found ts contain, in the middle, about 150 lbs. of cotton in the seed ; from this circumstance tliey weri induced to suspect 5 or 6 bag more, aad to their astciAtlunent, each bale was found to contiia nearly the same quanUty of cotton iu seed. We hope lor tbe credit of the ttate, that gentleman will prosecute to conviction the author of this fraud. DIED. On Thursday morning, Ftb'y. 26, John Mun ray, in the 3(3th year of bis tge. Hit relations and friends, are invited to attend his funeral to morrow, (Frida)) afternoon, at bis late residence no. 70 Henry - street, at 4 o'clock, with out further invitation. Suddenly, thit morning, Mr. James Locke, aged 34 years, late of New - Iptwich, New - Hampshire. Funeral this afternoon at half past 4 o'clock, from the house of Mrs. L. Binghan, No. 310 1 - 2 Broadway. fjp The Masonic Brethren are particularly invited to attend. At Matches, on the 2bth January, &uuuu Brooks, Esq.' At New - Urleans, 27th January, wuuam a. Depeyster, Esq. attorney at law, a native of N. Jersey. ErEXlXQ POST MARLVE LIST. CLEARED, Ship Cotton Plant, Fash, Savannah Brig Louisa Cecile, Madeira Tbos. March ti Co. Schr. Tryphenia, Clark, Norfolr Hamlet, Van Felt, Norfolk J filill'F.I) THIS FORESOO. Sch Packet Oscar, Allen, S days from Wil mington, NO. with wheat, cotton, naval stores, toS Kolicrt - um K uo. J K wneaion, snip, man k. Lord, Robinvon il Mead, J II Marie, S Dalglies, Byrnes, Trimble & (Jo. Rathbone k Downer, Fitch, Goodwin V Co. A 'l ay lor and Aon, I Uowen, jr. and N W liownc. Left the Roads on the 20th. Vaw an inward bound sloop ashore on the bar near Five Fathom Hole, hands employed on hnru - d endeavoring to get her off. SfKike nothing. A'ch Monroe, Horton. 4 davs from Norfolk, with flour, to W H Imlay, C U Duffle, Trokes, D vidson k Co. D M Myers, and Walsh and Gallagher. Passengers, Messrs. Brown, Skeel, Bradford and 6'locuin. The sloop Driver, Wa terman, tailed m eo. 1 lie Monroe was driven athore this morning about 8 o clock, aureiot Van Uks Mdl, Long Island, by the ice, h received no injury, but will probably have to lighten before she can be got off. Sloop Betsey, , from Fredericksburg, with Hour, to Byrnes li Trimble. BELOW, a schooner f - .om. North - Carolias, and one brig. The pilot boat George, wbii h came up front below thit forenoon, taw tliL - te venae r utter, - CiuYMioe, and two lerry boats oearlhe ship Hep - tune, (ashore at Ihe Hook) at sun down last evc - nuv. The two ferry hunts got under weigh sod stood into the bay. Thit morning Uiere wti no vessel teen near Uie ship. The cutter was , probably obliged lo make a harbor, in consequence of a fresh narth - wester. Mr. Vaaderbilt't ferry boat will start from Whitehall between 2 and 3 o'clock this afternoon to go down to the Neptune. The English brig .Martha, Kennedy, arrived in Savannah river n the 16th inst. Sbe was bound to Dnrien,hut in a severe gale of wind is the Gulf Stream lot her rudder, and received o - Uicr damige. Ou the 13th inst. fell in with to revenue cutter Dallas, who took her in tow and carried her into Savannah. The sch Milo, Farnham, 9 days from Savannah, bound to this port, has put into N. London, two of Ler crew frostbitten. The sloop Swallow, and sloop Traveller, from N:ui'.ucket, bound to Uiis port, put into N. London on Uie 20. li inst. and sailed sgtift un the22d. in co. with the Milo. The sloop Union, Hall, from X. Haven for N. York, put into N. London on the 24th. - The bri Eagle, from Havre, for this port, which has arrived it &oniogion, brought a - hunt 800 letters, and dispatches from Mr. Snalcrat Algiers, forUie Department of SUte, which have been forwarded by mail. The Danish brig Joanna, Myers, from Copenhagen, and the schr Highflyer, Coleman, from Montevideo, via Charleston, have arrived at U.illi.ncre. .iflllFED LAST EP'EXlMr. .Ship S. Carolina Packet, Cartwright, 14 days from At. Croix, West End, with sugar and rum, to B De Forest & Co. C Shaw, and Mr. M'Carthy. Passenger, Mr. Lemuel De Forest. Ift btiis Advance, Nasun, for Bcwton in 6 , - Midas, ia 25 : Com. Barry, Kiji I'hilad. in 2d5 Edwaul, Hunt, N Haven, waiting cargo, Byron, just ar. from Kennebunk ; Hazard, Littlefield, do : John Berguin, Petty, just ar. from Martinique Brig Speedy -, Fosrticr, S usys i.w Savannah, wiUi cotton, brandy, lea'Jier, ic. to Bell ii Timpson, Parker & Aikins, J BlXeod, l V omiUi, J Hitchcock Jt Co. De Rham Ue Lessert, Ot'u ti Swan, S V BouUnd, and W & 8 Craii:. Brig Samu. I, for St. Jago, sailed in co. 15ili List, off ' - be Bar, spoke ship Pallas, from Havana, bound in. Sch Sally Polly, Uuaik. from Fredericks - bury, 4 dayt from the Capet, w ith wheat aad flour, to Byrnes, Trimble ii Co. Sc Remittaare, Hewitt, 6 days from Fr -

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