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No. 12 OF VOL. III.]

BALTIMORE, SATURDAY, NOVEMBER 21, 1812.

Hæc olim meminisse juvabit.—VIRGIL.

[WHOLE NO. 64.

Printed and published by H. NILES, South-st. next door to the Merchants' Coffee House, at $ 5 per annumR

Message from the President.

The following important message was received by both houses of congress, on Friday the 13th inst. To the Senate, and House of

MR. RUSSEL TO LOND CASTLEREAGH.

18, Bentinck-street, Sept. 12, 1812. MY LORD-I hasten, authorised by instructions re cently received from the government of the United States, and urged by an unfeigned anxiety to arrest Representatives of the United States. the calamities of war, to propose to your lordship a For the further information of congress, relative convention for the suspension of hostilities, to take to the pacific advances made on the part of this go-effect at such time as inay be mutually agreed upon, vernment to that of Great Britain, and the manner in and stipulating that each party shall forthwith apwhich they have been met by the latter, I transmit point commissioners, with full powers to form a treathe sequel of the communications on that subject, ty, which shall provide, by reciprocal arrangements, received from the late charge d'affairs at London.

November 12, 1812.

JAMES MADISON,

Documents accompanying the Message.

for the security of their seamen, from being taken for or employed in the service of the other power; the regulation of their commerce, and all other interesting questions now depending between them, and that the armistice shall not cease without such previ ous notice by one to the other party, as may be agreed upon, and shall not be understood as having any Sra-On the 12th inst. I received your letter of the other effect, than merely to suspend military opera 27th July last, and the copies of my note to lord Cas-tions by land and by sea. tlereagh, and of his lordship's reply enclosed herein,

MR. RUSSEL TO MR. MONROE.

London, 19th September, 1812.

In proposing to your lordship these terms for a will inform you that the propositions, made in con- suspension of hostilities, I am instructed to come to sequence of it, have been rejected. a clear and distinct understanding with his Britannic As I have but this moment heard of the immediate majesty's government, without requiring it to be departure of the Friends, I have time only to add, formal, concerning impressment, comprising in it that I have received the communications of Mr. Gra-the discharge of the citizens of the United States ham of the 9th and 10th of August, by the Gleaner, already impressed; and concerning future blockades; and that I leave London this evening, to embark on the revocation of the orders in council being conboard the Lark, at Plymouth, for New-York.

I am, with great respect and consideration, sir, your faithful and obedient servant,

firmed.

Your lordship is aware that the power of the government of the United States to prohibit the employment of British seamen must be exercised in the sense and spirit of the constitution; but there is no reason to doubt but that it will be so exercised effce

(Signed) JONA. RUSSEL. POSTSCRIPT. An interesting interview took place between lord Castlereagh and myself on the 16th inst. the account of which I must, for want of time, re-tually and with good faith. serve until I have the honor to see you.

MR. RUSSEL TO LORD CASTLEREAGH.

(Private.)

18, Bentinck-street, Sept. 12, 1812.

Such a measure, as it might by suitable regulations and penalties be made completely effectual and satisfactory, would operate almost exclusively in favor of Great Britain; for as few American seamen ever enter voluntarily into the British service, the reci MY LORD-In consequence of additional instruc-procity would be nominal, and it is sincerely believed tions which I received from my government this that it would be more than an equivalent for any admorning, I called about noon at the foreign office, vantage she may derive from impressment. and found, with regret, that your Lordship was out! By the proposition which I have now the honor to of town. My object was to communicate to your make in behalf of my government, your lordship lordship the powers under which I act, that you will perceive the earnest desire of the president to night perceive their validity and extent. I have, remove every obstacle to an accommodation, which however, sought to state them substantially in the consists merely of form and to secure the rights official letter which I have herewith the honor to and interests of the U. States in a manner the most transmit to your lordship, but should you find any satisfactory and honorable to Great Britain as well as thing that stands in need of explanation, previous to America. to being submitted to his royal highness, I shall re

:

The importance of the overture now made, will, I main at 18, Bentinck-street, to receive the commands trust, obtain for it the early consideration of his of your lordship. If your lordship could, in cour-royal highness the Prince Regent, and I shall detain tesy, find any motive in my personal convenience to the vessel in which I have taken my passage to the hasten a decision upon the propositions which I have United States, until I have the honor to learn his desubmitted; the season of the year, my anxiety to cision. depart (all my arrangements being måde, and all ny baggage having left town) and the detention of the Lark at much expense, will plead powerfully in any favor.

I have the honor to be, with great consideration, your lordship's very obedient and humble servant, (Signed) JONA. RUSSEL. Lord viscount Castlereagh, &c. &c. &c. VOL. IIL

I have the honor to be, my lord, with high consideration, your lordship's most obedient servant, JONA. RUSSEL (Signed)

Loril viscount Caзlereagh, &c. &c. &c.

LORD CASTLEREAGH TO MR. RUSSEL.

Lord Castlereagh presents his compliments to Mr. Russel and requests to have the honor of stung

M

him at his house in St James's Square, at 9 o'clock principles, which such a discussion must in the first this evening. instance involve.

Foreign office, Sept. 16, 1812.

N. B. Received a little before five o'clock.

MR. HAMILTON TO MR. RUSSEL.

DEAR SIR-I have not seen lord Castlereagh since his receipt of your two letters of the but have received his directions to say to you that he is concerned that he cannot have it in his power to reply to them for a few days; or would have had much pleasure in attending immediately to your request that respect. You may be assured that no delay will take place which can be avoided.

I am, dear sir, faithfully yours.
W. HAMILTON.

Foreign Office, Sept. 16, 1812. Jonathan Russel, Esq. &c.

MR. RUSSEL TO MR. HAMILTON.

Under these circumstances the Prince Regent sincerely laments that he does not feel himself enabled to depart from the decision, which I was directed to convey to you in my letter of the 24 inst. I have the honor to be, sir, your most obedient gr vant, CASTLEREAGIL

Jonathan Russel, Esq. &c.

MR. RUSSEL TO MR. MONROE.

London, 19th September, 1812. SIR-Since writing you this morning, fearing that this government should infer from my silence an acquiescence in the strange and unwarrantable view which lord Castlereagh has in his last note thought fit to take of the overtures which I have submitted, and of the powers under which I acted, I have considered it my duty to return an answer, of which the enclosed is a copy..

With great consideration and respect, I am, sir, your assured and obedient servant,

(Signed)

JONA. RUSSEL

To the honorable James Monroe, &c.

MH. RUSSEL TO LORD CASTLEREAGH.

DEAR SIR-I have learnt with much regret and disappointment, that lord Castlereagh has directed you to inform me that it is not in his power to give an immediate answer to the last letters which I have had the honor to address to him. The object of those letters was of a nature to require an carly deLondon, 19th September, 1812. cision. Reluctant, however, by any precipitancy on MY LORD-I had the honor to receive, last evening, my part to protract the present unhappy relations your lordship's note of yesterday; and have learnt between the two countries, I beg you to acquaint with great regret and disappointment, that his roy his lordship that I shall remain in town until Sunday, al highness the Prince Regent has again rejected the (the 20th instant) when, unless some special and just and moderate propositions for a suspension of satisfactory reason be assigned for a longer delay, hostilities, which I have been instructed to present I shall consider it to be my duty to proceed to Fiy-on the part of my government. mouth to embark for the United States.

I am, dear sir, with great truth and respect, your obedient servant,

(Signed)

JONA. RUSSEL.

18 Bentinck-street, 16th Sept. 1812.

N. B. Sent at 3 o'clock.

After the verbal explanations which I had the honor to afford your lordship on the 16th inst. both as to the object and sufficiency of my instructions, 1 did not expect to hear repeated any objections on these points. For itself, the American govern.ent has nothing to disguise; and by varying the propes? tion as to the manner of coming to a preliminary an derstanding, it merely intended to leave to the BriForeign Office, Sept. 18th, 1812. t.sh government that which migh. be most congenial SIR-Under the explanations you have afforded me to its feelings. The propositions presented by me, of the nature of the instructions which you have re- however, on the 24th of August and 12th inst, are ceived from your government, I have, as on the pre-distinguishable by a diversity in the substance as well ceding occasion, been induced to lay your letter of as in the mode of the object which they embraced; as the 12th instant before his royal highness the Prince Regent.

LORD CASTLEREAGH TO MR. RESSEL.

His royal highness commands me to express to you his regret that he cannot perceive any substantial difference between the proposition for a suspension of hostilities which you are now directed to make, and that which was contained in your letter of the 24th of August last. The form of the proposed arrange. rent, it is true, is different; but it only appears to a m at executing the same purpose in a more covert, and therefore, in a more objectionable manner.

by the former, the discontinu:nce of the practice of impressment was to be immedi: te, and to precede the prohibitory law of the Imied States relative to the employment of British sermen; when by the latter both these measures are deferred to take effect simultaneously here:f.cr.

Having made a precise tender of such law, and exhibited the instructions which warranted it to your lord hip, Have learnt with surprise that it does not appear tayour lordship that I am authorised to propose any specific plan on the subject of impressment You are now directed to require as preliminary to I still hope that the overtures made by me may again a suspension of hosulities, a clear and distinct under- be taken into consideration by his Britannic majes stan ling, without, however, requiring it to be form-ty's government; and as I love town this afternoon al on all the points rote red to in your froer propo- for the United States, that it will authorise seme sition. It is obvious, that were this proposal acceded, ent to proceed thither and adopt them as a basis to, the discussion on the several points must sub- for a resnelliation between the two countries, an stantially precede the understanding required. even, so devoutly to be wished. This course of proceding, as bearing on the face of it a character of disguise, as not only felt to be in principle inad nissobie, but is unlikely to lead in practice to any advantageous result; as it does not appear on the important subiect of impressment that you are either authorised to propose any spreihe plan, with reference to which the suspension or unat practice shonic he made a subject of deliberation, On beard the Lark, 7th November, 1812 or the you have received any instructions for the Sr-The the honor to inform you that I and How guidance of your conduct of some of the king passing the Narrows, and expect to land in New

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I have the honor to be, my lord, your most obedient humble servant,

JONA. RUSSEL

(Signed)
The right honorable lord Castlereagh, &c.

Private.)

ME. RUSSEL TO MR. MONROE.

York this day. I conceive it to be my duty to repair 3. Resolved, That we view with inexpressible con
to the seat of government, and shall set off as soon cern the course of that destructive policy which
as I can obtain my baggage. In the mean time I am leads to a connexion with the military despotism of
sorry to inform you, that the second proposition for France; and if it should so happen, as our fears sug
an armistice was rejected like the first, and a vigo-gest, that a convention or confederacy, with that pow-
rous prosecution of the war appears to be the only er, either exists or is intended, we do not hesitate to
declare, that such an event will be considered by vs
honorable alternative left to us.

Thave the honor to be, with great consideration more dangerous than the war itself, and as tend-
ing, in its consequences, to a dissolution of the union
and respect, sir, your very obedient servant,
of the United States.

JONA. RÜSSEL.

4. Resolved, Thit so long as it shall be the unh: pThe honorable James Monroe, &c. &c. &c. The message and documents were read, and orderpy fate of our country to be involved in war, the ed to lie on the table. [See page 183.]

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The authorities of the federal government having, on the 18th day of June last, declared war again the united kingdom of Great Britain and Ireland and its dependencies, the representatives of the people of New-Jersey at this momentous crisis, deem it an indispensable duty, to make known their opinions to the persons conducting the general government ever holding it an undoubted right to petition and remonstrate in regard to public measures.

people and legislature of New-Jersey will perform all their constitutional duties, embracing all the just means in their power to preserve the union, defend the state and honor of their country.

5. Resolved, That it is requisite that inquiry be speedily made into the causes of the calmitous events of the war, and that the representatives of this state in the congress of the United States, be requested, by all constitutional menry in their power, to effect this important investigation.

6. Lastly, resolved, That uding in the answer of the President of the United States to a proposed ar mistice, that a principal object of the war is to obtain redress against the British practice of impressment, and finding further in an answer from the British governe ent to another proposed armistice, that their claim In performing this duty we refrain from entering does not extend beyond what is calls its ancient and ucupon a full recital of the reasons and grounds which customed practice of impressing British seamen from the merchant vessels of a foreign state, we do hereby impel us to announce these opinions. The admonitions of prudence, the force of reason declare our solemn conviction that a war at the expense and justice, and the remonstrances of thousands, of American blood and treasure to protect British subhave been alike ineffectual and disregarded-a great, jects on the high seas from their due allegiance to their prosperous and happy nation, without preparation country, would be unfu, and that the abuse of this have been suddenly plunged into an unnecessary, and practice in regard to American seamen may be guard ed against by an urrangement between the two govern Every thing dear to liberty-to independence-to ments, and theref re that a negociation for a treaty of national honor-all that the revolution accomplish-peace should be immediately opened. ed-and that thirty years of peace had procured and secured to our country is put at the hazard of war.

as we fear, hopeless war.

Legislature of Rhode Island.

The general assembly of the state of Rhode-Island convened at Providence on the 6th ultimo and received the following message from the governor: Gentlemen of the Senate, and

We, the representatives of the people of New-Jersey, chosen since the promulgation of this ruinous measure, owe it to our constituents and to ourselves, to make the following declarations in the hope that they may tend to the restoration of peace, and that it may not hereafter be our reproach, to have given by Gentlemen of the House of Representatives, silence, an implied sanction to measures so manifestIn obedience to your resolution of the 8th of July ly leading to the ruin of our beloved country. More especially we consider it our solemn duty to record last, on the 11th I wrote to major-general Dearborn, these sentiments in behalf of the people of New-Jer-requesting him to cause to be delivered to me for sey, seeing that before the declaration of war was the use of the militia of this state, the United States' made, when scarce a citizen of this state could believe arms then deposited in Newport; and have now the such an event possible, the then legislature of New-honor to lay before you that officer's very singular Jersey, presented to the national government resolu- answer, under the date of July 14th. On the 21st of July, I received another letter from tions encouraging and approbating war.

We then, in the name of our constituents, chosen general Dearborn, under the date of the 25th (that by them on the express grounds of being the friends letter I also lay before you) in which he requests ne of peace, and most anxious to have restored to them to order into the service of the U. States (in addiand our country its inestimable blessings, do resolve, tion to this state's quota of the 100,000 men ordered 1. That the war with Great Britain, in which the by congress) two companies of artillery, and two present administration has plunged the U. States, companies of infantry, with a major, to be posted in was inexpedient, ill-timed and most dangerously im- the forts and batteries at Newport; an answer to politic-sacrificing at once countless blessings, and which, on the 21st I wrote that officer, a copy of incurring all the hazards and losses of men and trea- which is herewith presented. Being informed by the general, that the United sure, necessarily resulting from a contest with a nation possessing so many means to amoy and dis-States' troops were to be ordered from Newport, and inding that the state was to be left without protec2. Resolved, That as the war was improvidently tion, I was induced to conve a council of war, and commenced, so has the conduct of it proved wasteful take their opinion of the measures most proper to and disastrous. The administration being evidently adopt under these circumstances:-And although i chargeable with the multiplied disasters which have did not hesitate as it regarded my duty respecting attended our arms, and consigned to captivity or this state's quota of militia, as ordered at May sesdeath so many thousands of brave men, without the sion, and called for by generd. Dearborn, yet considering it a question of the highest icportance to attainment of a single important object.

tress us.

the United States generally, and to to this state in apply to him for arms, &c. and repeated my request, particular, it became necessary to take their opinion but obtained no reply.

or not?

whether the militia of this state conld be withdrawn On the 10th of October, inst. I received a letter from the authority thereof by the president of the from the secretary of the war department, informUnited States, except in the particular cases pro-ing me that the president of the United States had vided for by the constitution of the United States, directed him to forward me an order, which he then who is to be the judge, whether those exigences exist enclosed, on the assistant secretary quarter-master at Newport for 1,000 stand of arms, and stating that With respect to the withdrawing of the United 500 had been delivered to the state before, and that Stares' troops from Newport, however improper, yet arms had been loaned to several volunteer companies as imminent danger of invasion did not exist, and at Newport; but as that order did not come to hand, considering the deficiency of funds in our state on the same day I wrote the secretary, informed him treasury, the council were of opinion that it was of the mistake, and renewed my request for ordnot expedient, at that time, to increase the ex-nance and ananunition.

pense of the state, by ordering any part of the militia It is very much to be regretted that there should into service. exist a difference of opinion between the president

On the question whether the militia of this state of the United States and the government of the incan be withdrawn from the authority thereof, except dividual states in any case, and particularly so as it in the particular cases provided for by the constitu-respects the disposing of the detailed militia, when tion of the United States, they are unanimously of the nation is involved in war. Satisfied, however, opinion, that they could not. that the principle adopted, and the course this state

On the second question, viz. when the militia of has pursued on that subject is not only perfectly in the state are called for by the president of the United agreement with the letter, but with the spirit of States, who is to be the judge whether those exigen- the constitution of the United States, I conceive an cies provided for by the constitution of the United adherence thereunto indispensable; but should this States, exist or not? They were also unanimously general assembly think the course erroneous, there of opinion that the executive of the state must, and is now an opportunity to correct it. of right ought to be the judge.

The declaration of war by the congress of the U On the 22d of July, agreeable to your resolution of States against Great Britain, has placed this state in the 9th,I wrote to the president of the United States, a very perilous situation; having an extensive seacoast accessible by a naval force; the principal part and enclosed him a copy of that resolution, and reof the United States' troops that were thought ne quested him to give orders to the proper officer to deliver me two thousand stand of small arms, and six Cessary even in time of peace, withdrawn from the field pieces, with such quantities of ammunition, &c. state, our forts and batteries very illy supplied with the munitions of war. for the use of the state, as he should deem proper. Under these circumstances, should the president On the 22d of August, as I had received no an-of the United States refuse to supply this state with swer, I wrote to the president of the United States the ordnance and ammunition, for which I was reagain, enclosed a copy of the above letter, and re-quested to apply, and the protection the general gu peated my request for arms, &c.-and on the same vernment are in duty bound to afford, and for which day I wrote to the secretary at war informing him of this state has contributed so largely, and leave us to my application made to the president of the United the mercy of an invading enemy, it will not only be States for arms, &c. and requested him to furnish the the duty of every citizen to be prepared for the event, same as soon as possible; and by the same mail, but of this general assembly to make an appropria enclosed him a return of this state's quota of detach-tion in aid thereof, to which I request your attention ed militia, under the command of lieutenant colonel Relying with the fullest confidence on your disp John S. Eddy, and informed him that they would be sition to adopt and pursue measures the best caleuready to act in the service of the United States when,lated to promote and secure the peace and happiness in my opinion, any of the exigencies, provided for of the citizens at large, I have only to assure you, by the constitution of the United States, should ex-gentlemen, that nothing constitutionally within my ist, agreeable to the opinion and advice of the council power, shall be wanting to effect an object so desira of war, given me on the occasion. ble. May the Supreme Governor of the universe On the 19th of September I received by express, a aid you in your deliberations and crown your mealetter from the honorable Simon Martin, under date sures with his blessing. WM. JONES. of the 18th, in which I was informed of the agitation among the citizens of the Island of Rhode-Island oc

casioned by the appearance of three British frigates Circuit court of the United States. near Point Judith, and suggesting the necessity of sending a part of the detached militia to their aid,

PENNSYLVANIA DISTRICT,
OCTOBER TERM, 1812.

or calling the council to determine on means the The Tulip, Funk, Wm. Shew, of New-York, Claimant most proper for their protection. That letter I lay and Appellant. before you, observing that in conformity therewith, The vessel and her cargo had been condemned, as the council of war did meet in this town on the 24th, lawful prize, to the privateer ATLAS, Maffet, upon when the letter was laid before them, and after ma- the ground that the vessel was employed, after the ture deliberation, I was advised and requested to is-declaration of war, in the service of the enemy, to sue an order to the quarter-master-general of this carry Mr. FOSTER's public dispatches, in charge of a state to procure as soon as practicable, a quantity of messenger, from New York to England. The claimpowder and lead for the use of the state; but it was ant, WILLIAM SHAW, a naturalized citizen of New not advisable, under existing circumstances, to order York, appealed from the sentence of condemnation, the detached militia, or any part thereof into the ser- and the appeal was heard, on the 27th and 28th of vice at present. October,upon an argument by Messrs. Hopkinson and Binney for the appellant, and by Mr. Dálias for the Appellee.

On the 28th of September, by the request of the council of war, I wrote the president of the United States a third letter, and enclosed him another copy Upon the delivery of Mr. Foster's dispatches, unof your resolution of July 10, requesting me to opened, to the district judge,he directed them to be

submitted to the secretary of state, in order to ascer-¡from a series of direct and uniform decisions, that tain whether, in the opinion of the executive, their the vessel and cargo of a subject, taken in the act of contents were proper to be exhibited on the public trading with an enemy, were liable to condemnation, record. The secretary of state returned office copies in the prize court, as prize of war to the captors. of the dispatches to Mr. Dallus (as the law officer of The principle, which prohibits trade and comthe district) stating that it was not the wish of go-merce with the enemy, exists, therefore, independent verament, that publicity should be given to them, of those opinions and judgments which have been unless it was for the promotion of public or private pronounced by sir William Scott, subsequent to the justice. Judge Peters, when the demand was made, revolution: And to that principle, I should resort in the district court by the claimants counsel, for on the present occasion, with compleat confidence, placing the dispatches, among the public exhibits in although no adjudged case in point, could be pro the court, declared, that he did not think the disclo-duced. sure necessary for the promotion of public or private

If trade and commerce with the enemy are unlaw. justice; that, at that time, it might be attended ful, carrying the public dispatches of the enemy (the with some public inconvenience, by hastening the worst kind of commerce with the enemy) cannot communication of the dispatches to the enemy; and be lawful. The same principle of the maritime law, that it was enough, upon principle, as well as upon which makes that species of trading, which consists the precedents to be found in the admiralty law of in the mere intercourse of buying and selling, an of England, and of France, and of other nations, to sub-fence; with stronger reasons for the public safety, stitute, in his own certificate, a general description must condemn the act of conveying intelligence to of the matter contained in them. the enemy. The argument from analogy is irresisti

On the appeal, of the circuit court, the same preli-ble, I repeat, independent of all authority. minary question occurred; but Mr. Dallas, deliver- Nor is it an adequate answer to this course of rea. ing (conformably to his instructions)-the dispatches soning, that the offence committed by a citizen, in to judge Washington, to be disposed of as the judge carrying the dispatches of the enemy is an offence at The same may be said should direct, observed that, undoubtedly the great common law, or by statute. reason for withholding the publication of the dis-of trading in the strict sense with an enemy, which patches, in extenso, might be thought to have ceased is, unquestionably, a misdemeanor at common law. by the lapse of time, and the arrival of Mr. Foster In both cases, the offender may be prosecuted personin England. So far as information was to be convey-ally; and, in both cases, the offending vehicle, if ta ed to the enemy, the object of the dispatches was ef- ken in the unlawful act, may, also be condemned as fected, by personal communications; and as to Mr. prize of war. In neither case, does the condemnation Foster's conjectures, relative to the conduct of our proceed on the ground of the party being actually an government, the public documents sufficiently prov-enemy, nor of the property being actually owned by ed their fallacy. Mr. Dallas, however maintained the an enemy; but in both cases, the party acts as if he correctness of the decision of the district judge, unwere an enemy and, therefore, the maritime law, der the circumstances existing when it was pronoun- treats the property, as if it belonged to an enemy. ced, and referred to the authorities upon the subject. Upon the whole, I do not think it necessary to go Judge Washington, on the succeeding morning, di-into a further detail of the grounds of my judgment, rected the dispatches to be made exhibits in the cause, as I have not the slighest doubt upon the case. saying, that he had not formed, and did not mean to intimate, any opinion upon the general question, whether such documents might not be withheld from the record, upon principles of public policy; but that he was of opinion, that the reason for withholding them in this case, had ceased, and that the pubfication could not be attended with any injurious consequences to the government.

Let the decree of the District Court be confirmed.

"West-Florida."

FROM THE NATIONAL INTELLIGENCER.
Fort Stoddert, Mis. Ter. Oct. 21, 1812.
TO THE EDITORS.-I have taken the liberty to en-

The cause was then argued on the three grounds close you an opinion of the honorable Judge Toulmin, taken by the counsel for the claimant: 1. That in the case of the United States against the schooner trading with the enemy was not, in itself, unlawful.— Maria, depending on the question whether the town 2. That carrying the dispatches of the enemy was of Mobile could, after the fourth of May last, be renot trading, within the meaning of the principles and garded as a foreign port. As the expectations of the people of that country authorities cited for the libellant. And 3d. That if any offence was committed in carrying the dispatch-were raised in a high degree by the act of “Annexa-as the people rees in the present case, it was the offence of a citizen, tion to the Mississippi Territory :"against the municipal law of his own country, not an garded themselves from that day as American citi. offence in violation of the law of nations; and couse-zens, and as the security and perhaps the lives of a quently, that the offender could only be prosecuted great number of men, well affected to our gornand punished, according to the common law, or the ment, depend on this question and on the disposistatute law, neither of which would justify a capture tion of the national legislature to support them in the and condemnation of the vessel and cargo, as prize enjoyment of those rights, which it is believed have been assured to them; I have supposed that the offof war, in a court of admiralty. The judge having continued the cause for advise-cial opinion herewith transmitted, might be considerJ. B. JV. ment, delivered his opinion in substance, as fol. ed as an interesting article, for your valuable ga zette. I am yours, &c. THE U. STATES, 79. THE SCHR. MARIA. WASHINGTON, Justice. I have perused, with attenThe schooner libelled in this case sailed from N. tion, the papers, and the authorities, which have been exhibited and cited, in this cause; and I pro- Orleans on or about the 3d day of May last. Her ceed, with perfect satisfaction, to pronounce an affirm-load was destined partly for Mobile and partly for Fort Stoddert. On her way she was met by a gunance of the decrce of the district judge.

Low:

Trading with an enemy, was an offence against boat, and received some imperfect communication of the maritime law, long before the American revolu-the existence of an embargo. She went to Mobile, tion; and as far back as the records of the English delivered about the 15th of the same month, that admiralty can be traced, it appears, incontrovertably, part of her cargo which was destined for that place,

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