must soon abandon it altogether. This much is due to rived, we are not surprised to learn that "one of the an old friend, whose feelings we would not injure. editors" left Washington tully impressed with the belief, Inflated with high hopes, and scare able to contain his that if he were to plant his foot on the ten miles square, consequence, “one of the editors of the Courier" paid athe Telegraph would be consumed by the fire of his pen. visit to Washington. When here, he fell in company But that editor and his associates will learn that politiwith one of our city gossips, a hanger on, and retainer cal influence cannot be purchased by money; and that of one of our city hotels, who earns his daily bread after stupid dulness, more especially if steeped in dishonor, the fashion of the runner of a New York steam-boat. To never can disguise itself so as to be substituted for truth such a monitor, a Campo Basso of the quill a discarded or principle. correspondent of a coalition print, did the political Don Quixotte of the Courier commit himself. What could be more natural. A writer, surcharged with political gossip, denied the use of his pen, and in great fear of losing the use of his teeth, and a customer, "accidentally, charged with the command of money, and more desirous to obtain early than correct news from Washington, were not long in striking a bargain. PATRONAGE OF THE EXECUTIVE-MR. BEN- In senate of the United States, May 4, 1826. Mr. Benton, from the select committee, to whom the subject was referred, on the 9th February, reported the following bill; which was read and passed to a second reading: No 148-A bill to regulate the publication of the laws of the United States, and of public advertisements. That letters purchased from such a source should be indiscreet, that the purchaser should return to his post, Be it enacted by the senate and house of representahighly gratified with his visit and fully convinced that a tives of the United States of America in congress asfew puffs about the extensive circulation of his paper and sembled, That, from and after the first day of Decemhis letters from Washington, would secure him a monopo-ber next, the selection of newspapers for the publicaly of the political influence, if not all the advertisements tion of the laws of the United States, and of public adof the greatest commercial metropolis of this republic, vertisements, shall be made as follows: in each state the was natural enough. number selected shall not be less than three, and may be equal to half the number of representatives to which such state may be entitled, in congress; in each territory, one; in the District of Columbia, three. There are some men who, not having intelligence to get for themselves, have the prudence to select able associates. The Courier furishes a singular instance of prudence and folly. After having in vain endeavored to Sec. 2. And be it further enacted, That the selection destroy the character of major Noah, yielding to a pres- of newspapers for the above objects, within the respecsing necessity, the Enquirer was purchased in, and Mr.tive states, shall be made by the senators and represenNoah's name announced as an editor. Prudence would tatives in congress, from such state, and the names of the have profited by experience, and yielded to his hands the selected papers communicated to the department of state, political control of the paper. But it seems that the in writing, signed jointly or severally, and a majority to vanity of the lieutenant led him to believe that the govern, on or before the first day of January next, and on miserable parodies of Noah's wit, could by the use of or before the same day in every two years thereafter; in Noah's name, be passed off as the genuine productions default of which, the selection shall be made by the secof a favorite writer. But the folly of the Courier does retary of state. not stop here. When its Washington correspondent assailed some of our most valuable officers, and asserted, as truth, some of the gossip which fills our streets, we, in the spirit of kindness, informed it that he was not worthy of credit. Instead of receiving our admonition as it was Intended, the lieutenant has let off his whole artillery upon us, some of which, after having been spiked by major Noah, at the late election, are drilled out and newBy charged for the occasion. Sec. 3. And be it further enacted, That the delegates from territories, respectively, shall, in like manner, each select the paper in which the publication of the laws of the U. States and public advertisements, shall be made in the territory from which he comes; and in default of such selection being made, and communicated to the department of state, the secretary of state shall select the same. Sec. 4. And be it further enacted, That the selection of newspapers in the District of Columbia, for the pubThe charge that we suppressed the name of the Coulication of the like laws and advertisements, shall be rier and Enquirer, when mentioning the papers in which made, at the same time, by the secretary of state; and a the navy commissioners' advertisement was to be pub-preference shall be given, in the selection, to the papers lished, is precisely in character with its other intelligence which may have the greatest number of actual subserifrom Washington. It is not only untrue, but it is the bers, to be ascertained by the affidavit of the editors, respectively. reverse of truth. Sec. 5. And be it further enacted, That the public advertisements of the United States, shall be published in such papers only, as may have been selected according to the terms of this act, and may be published in any number of them, according to the nature of the adver tisement, and the propriety of giving to it a general, a partial, or merely a local circulation. It is not true that the editor of this paper has ever said that he has done more than any other individual in the United States to advance the election of general Jackson. The Journal charged that the Telegraph had been got up by subscription, and that the editor has been a leech upon his party. To this the editor replied, that while no one had contributed to him one single cent, his establishment bad contributed more, in a pecu- Sec. 6. And be it further enacted, That, as soon as niary point of view, than any one individual in the Uni-may be, after the first day of January next, and every ted States, to advance that object. This assertion is re-two years thereafter, a copy of the list of newspapers peated, and our books are open to prove the fact. selected, according to the terms of this act, for the pubWhilst we thus defend ourselves from the charge oflication of the United States' laws and advertisements, having acted, in the late struggle, as a mercenary, we shall be communicated by the secretary of state, to the are far from saying that we or our press have done more senate and house of representatives, to the heads of dethan others to produce a result so auspicious to our coun-partment, respectively, and to the postmaster general. try. It happened to be our good fortune to be placed se in a position in which our services were seen, and we Mr. Benton, from the select committtee, to whom should be insincere if we did not admit that the high es-the subject was referred, on the 9th February, reported timate placed upon them by our fellow citizens, is a source the following bill, which was read, and passed to a of extreme gratification. In a contest where so much cond reading: depended upon the united and constant exertions of so many individuals, it would be difficult to say who had done most. We never have aspired to be considered the first in such a band, and none but one as deficient as the writer for the Courier, would be at a loss for the distinction between the sentiment expressed, and the one attributed to us. No. 149-A bill to secure in office the faithful collectors and disbursers of the revenue, and to hisplace defaulters. Be it enacted by the senate and house of representatives of the United States of America in congress assembled, That, in the first week of the month of January next, and at the same time in every tourth year thereafter, the The Courier falsely insinuates, rather than asserts, president shall cause a statement to be laid before conthat we are in bad odour with the cabinet. When wegress of the accounts of all district attorneys; collectors remember the source from which its information is de- of the customs; naval officers and surveyors of the ens toms; navy agents; receivers of public moneys for lands; paymasters in the army; surveyors general of the public lands; the apothecary general; the assistant apothecaries general; the commissary general of purchases; and of all others under the authority of the executive gove ernment [ Mr. Benton, from the select committee, to whom the subject was referred, on the 9th February, reported the following bill; which was read, and passed to a second reading: No. 153-A bill to prevent military and naval officers of the United States, who hold any officfrom being dismissed the service, at the pleasure of the charged with the collection or disbursement of public president moneys, and who shall have failed to account for all such Be it enacted by the senate and house of reprezentamoneys, on or before the thirtieth day of September pre-tives of the United States of America in congress asceding; and the offices held by all such de faulting officers,sembled, That commissions issued to the officers in the shall be vacated, from and after the date of said message.army and navy of the United States, shall no longer be Sec. 2. And be it further enacted, That, in all nomi-made out with a clause importing that they are to con nations made by the president to the senate, to fill va tinue in force during the pleasure of the president of the cancies occasioned by an exercise of the president's pow- United States, for the time being," but shall be made out er to remove from office, the fact of the removal shall be with a clause declaring that they are “to continue in force stated to the senate, at the same time that the nomina-during your good behavior;" and no officer shall ever, tion is made, with a statement of the reasons for which hereafter, be dismissed the service, except in pursuance such officer may have been removed, to the sentence of a court martial, or upon an address to the president from the two houses of congress. Sec. 3. And be it further enacted, That the first and second sections of an act, entitled an act to limit the term of office of certain officers therem named, and for other purposes," approved the thirteenth of May, one thousand eight hundred and twenty, shall be, and the same hereby are, repealed. Mr. Benton, from the select committee, to whom the subject was referred, on the 9th February reported the following bill; which was read, and passed to a second reading: No 150-A bill to regulate the appointment of post masters. Be it enacted by the senate and house of representatives of the United States of Americu in congress as sembled, That, from and after the day of next, no person shall be appomted postmaster to any post office, the emoluments of which, exceed the sum of hundred dollars per annum, except by and with the advice and consent of the senate, upon a nomination from the president. Mr. Benton, from the select committee, to whom the subject was referred, on the 9th February, reported the following bill; which was read, and passed to a second reading: No. 151-A bill to regulate the appointment of cadets. Be it enacted by the senate and house of representatives of the United States of America in congress as sembled, That, from and after the day of next, the appointment of cadets to the military academy, shall be apportioned among the several states and territories, and the District of Columbia, as follows: to each state, a number equal to the whole number of senators and representatives, to which it may be entitled in congress; to each territory, one: to the District of Columbia, ; and the appointments shall be so made in each state, as to take one cadet from each electoral district, when the state shall have been divided into such districts, or one from cach congressional district, when it shall not have been so divided, and two from the state at large. SPIRIT OF SOUTH CAROLINA 1812 AND 1828. "It is in vain that faction would repress the energy and spirit of the nation, or disaffection depreciate the resources of the country."-Address of the leg. of S. C. to the pres. of the U. S. SIR: Accident having brought before me the acts of assembly for 1812, I have made the subsequent extracts of the opinions then existing as to domestic manufactures. As the Columbian Telescope is darkly alluding to what it imagines the state legislature is pledged, by its proceedings in 1825 and 1828, I cannot but believe that its talented and liberal editor will make its readers acquainted with its unanimous pledges and patriotic proceedings in 1812 Nor can I permit myself so to estimate the candor of the editor of the Mercury, as for one instant to believe he will not immediately publish them. Nor can I doubt both of these editors will excuse my making the Courier its channel of conveyance to the public and their patriotic presses. The motives and movers of the late war with Great Britain are as well known as the objects in view In one (a high officer of the U. S.) we probably find the author of the celebrated exposition of the protest to the senate of the United States. To these politicians, and their supporters in the state legislature, we are most probably indebted for the address on the war in 1812, and the protest and the exposition in 1828. Will they exercise their ingenuity in accounting for the different lights in which they have placed state policy in 1812 and in 1828? "Finally," (concludes the protest of 1828) because S. Carolina, from her climate, situation and peculiar institutions, is and ever must continue to be, wholly dependent on agriculture and commerce, not only for her prosperity, but for her very ex(istence as a state, because the abundant and valuable products of her soil-the blessings by which divine Providence seems to have designed to compensate her for the great disadvantages under which she suffers in other respects-are among the very few that can be cultivated with profit by slave labor, and if by the loss of her foreigu commerce these products should be confined to an inadequate market, the fate of this fertile state would be poverty and utter desolation. Her eitizens in despair would emigrate to more fortunate regions, and the whole frame and constitution of her civil policy be impaired and deranged, is not dissolved entirely." Be it enacted by the senate and house of representatives of the United States of America in congress as- Now, Freally find my perceptions so blunted, as not to sembled, Thut, from and after the day of next, discover why a measure so beneficial in 1812 is so balethe number of midshipmen, to be appointed in the navy,ful in 1828. Nor can I avoid contrasting the Sd and shall be apportioned among the several states and terr-40 propositions of the address to the president of the tories, and the District of Columbia, as follows: to each United States in support of the war, to the resolutions of state, a number equal to the whole number of senators the last legislature, "that the measure to be pursued and representatives, to which such state may be entitled, (by the state) consequent to the perseverance m this sysin congress; to each territory, one; to the District of Columbia, ; and the appointments sual! be so made in each state, as to take one midshipman from e: ch elcetorai district, when the state shall have been divided into such districts, or one from cach congressional district. when it shall not have been so divided, and two from t state at large; and no person shall be appointed midsh man, unless he be, at the time of his appointment, above fourteen, and under twenty-one years of age. tem, (the tariff), are purely questions of expediency, Pendleton, 7th May, 1829- !the state 30 the president of the United States, from which the following extracts are made: we In the house of representatives, August 28, 1812. "From the inconveniences and privations incident to a state of war, we affect not to expect an exemption, but are able and willing to support them. We shall support them with the more cheerfulness, as they will not fail to be accompanied with more than correspoudent advantages. of the subscription voted unanimously by the town, is as follows: curred in the course of the late war; and the inhabitants Whereas this province labors under a heavy debt, inby this means must be for some tune subject to very burthensome taxes:-and as our trade has for some years, been on the decline, and is now particularly under great embarrassments, and burthened with heavy positions, our medium very scarce, and the balance of trade greatly "A commercial as well as political independence pre-agamst this country: dicated, (first) upon the improvement and advancement of domestic manufactures; (secondly) the extermination absolutely necessary, in order to extricate us out of We therefore the subscribers, being sensible that it is of the spirit of faction; (thirdly) a cordial union of all these embarrassed and distressed circumstances, to proparties for the common welfare; (fourthly) a happy amal gamation of the various and n some instances discordant selves, and by this means prevent the unnecessary immote industry, economy and manufactures among ourmaterials, which, to a certain degree, compose our pop-portation of European commodities, the excessive use ulation; in a word, the formation of a national charac- of which threatens the country with poverty and ruinter-these are some of the benefits confidently antici- do promise and engage, to and with each other, that we pated from the present contest." in both houses. Passed unanimously will encourage the use and consumption of all articles manufactured in any of the British American colonies, not from and after the 31st of December, next ensuing, and more especially in this province; and that we will purchase any of the following articles imported from abroad, viz. loaf sugar, and all the articles enumerated above In the house of representatives, December 8, 1812. The committee to whom was referred the petition of certain persons, praying aid to enable them to establish a cotton manufactory, having had the same under consideration, respectfully report, That from the information given them, it appears that the purpose of the petitioners is to establish at some suitable place in Greenville district, a manufactory, for carding, spinning, and weaving cotton, (500 spindles to be employed-and 250 yards of cloth woven per diem-the sum $10,000.) t alation respecting funerals, and will not use any gloves And we further agree strictly to adhere to the late regbut what are manufactured here, nor procure any new garments upon such an occasion but what shall be absolutely necessary. MILITARY ACADEMY. FIRST CLASS. The committee therefore, impressed with the importance of encouraging domestic manufactures, recommend that the prayer of the petition be granted, and that a clause be inserted to that effect in the appropria-guished cadets in each class, as determined at the examtion bill. The following are the names of the five most distinConcurred in by the senate, the 18th Dec. 1812. R. GRANT, C. H. R. ination in June, 1829:Extract from "An act to make appropriations for 1812: J. MURPHY, C. S -"And be it enacted, &c. That $10 000 be appropriated for the purpose of establishing a cotton manufactory in Greenville district, to be paid to Messrs. Caruth & Thompson. Then follow the terms. SPIRIT OF BOSTON SIXTY-TWO YEARS AGO. (Eight years before the revolutionary war commenced ) At a legal and full meeting of the freeholders of the town of Boston, on the 28th of October, 1767, the following votes were passed unanimously. Whereas the excessive use of foreign superfinities is the chief cause of the present distressed state of this town, as it is thereby drained of its money; which misfortune is likely to be increased by means of the late additional burdens and impositions on the trade of the province, which threaten the country with poverty and ruin. No. 1. Charles Mason, SECOND CLASS. No. 1. Alexander J. Swift. THIRD CLASS. 3. William A Norton, 5. Richard H. Peyton, No. 1. Benjamin S. Ewell. FOURTH CLASS. 2. Robert P. Smith, New York. New York. District Columbia, ARMY OF THE UNITED STATES. Therefore, voted, That this town will take ali prudent and legal measures to encourage the produce and manufactures of this province, and to lessen the use of fluities, and particularly the following enumerated artisupercles imported from abroad, viz: loaf sugar. cordage, anchors, coaches, chaises and carriages of all sorts, horse furniture, men and womens hats, men and womens apparel ready made, household furniture, gloves, mens and womens shoes, sole leather, sheathing and deck nails, gold and silver, thread lace of all sorts, gold and silver buttons, wrought plate of all sorts, diamond, stone and paste ware, snuff, mustard, clocks and watches, silversmiths and jewellers ware, broad cloths that cost above 10s. per yard, muffs, furs and tippets, and all sorts of millenary ware, starch, womens and childrens stays, fire engines, china ware, silk and cotton velvets, gauze, pewterers hollow ware, linseed oil, glue, lawns, cam-ed charges, to wit: bricks, silks of all kinds for garments, inalt liquors and cheese. And that a subscription or this end be and hereby is recommended to the several inhabitants and householders of the town. And whereas it is the opinion of this town, that divers new manufactures may be set up in America, to its great advantage, and some others carried to a greater extent, particularly those of glass and paper: Clinch, of the fourth regiment of infantry, was president, CHARGE I. cipline -Specification: In this. That he, the said lieu"Conduct subversive of good order and military disS infantry, while commanding the regiment in question, tenant colonel A. R. Woolley, of the 6th regiment U. did punish with stripes and lashes, private Thomas Powell, of company "D." of the regiment aforesaid—the verity as to have disabled the said Thomas Powell from punishment so administered being of such extreme sethe performance of his duty, for the period of nine days. This at Jefferson barracks, in the state of Missouri, on or about the 12th day of December, 1828. CHARGE II. "Conduct unbecoming an officer and a gentleman." Specification 1st.-In this: That he, the said heutenant colonel A. R. Woolley, did, in his quarters at Jefferson barracks, Missouri, on or about the 22d day of November, 1828, and without any or adequate provocation, point his finger in an angry and threatening manner towards captain J. Gantt, of the 6th regiment of infantry, then under his command. This whilst conversing on his, capt. Gantt's official duties, in the presence of captain B. Riley, of the aforementioned regiment, of Robert Stewart, a citizen, and of culisted soldiers of the 6th infantry. Specification 2nd. In this: That the aforesaid lieutenant colonel A. R. Woolley did, at Jefferson barracks, Missouri, on or about the 22d day of November, 1828, and without any or adequate provocation, address rude and ungentlemanly language to captain John Gantt, an officer under his command, in terms as follows: "You have behaved ungentlemanly, sir." "You have made a false report sir." "You have stated a falsehood in that note, sir." "You have wilfully and intentionally stated what you know to be false, sir." This in the presence of captain B. Riley, 9th infantry, of Robert Stewart, a cit-] izen, and of enlisted soldiers, of the 9th infantry. Specification 3d.In this: That he, the said lieutenant colonel A. R. Woolley, while at Jefferson barracks, Missouri, and on or about the 22d day of November, 1828, did, through the medium of a malignant and highly colored charge, procure the trial, by general court martial, held at Jefferson barracks, under orders of the 15th December, 1828, of captain John Gantt, an officer of his command. Specification 4th.-In this. That he, the said lieutenant colonel A. R. Woolley, having received from captain Gantt, an officer under his command, a report alleging a failure in the issue of provisions to his, the said captain Gantt's company, ou or about the 28th day of October, 1828, did address to him rude and ungentlemanly language, in a conversation touching that report, in words as follows: "You, sir, have, since your last return to duty, attempted to give the commanding officer as much trouble as you could." "I will attend to your report, not to gratify you, but to satisfy myself, for I know it is not true." "You are too much in the habit of making reports of this kind." "I have discovered your dritt." "I see you have a captain flapping at your elbow to push you on against me." "Go ahead sir, you cannot run against the commanding officer long." This in a loud and angry voice, and with corresponding gestures, at Jefferson barracks, in the state of Missouri, on or about the 24th day of October, 1828, and in the presence of capt. Thomas Noel, of the 6th regiment. Specification 5th.-In this: That he, the said lieutenant colonel A. R. Woolley, at Jefferson barracks, on or about the 10th day of October, 1828, did, then and there, and during the session of the court, address to its judge advocate, second lieutenant A. S. Johnson, of the 6th infantry, rude and ungentlemanly language in terms as follows: "I see the mulish curl of your lip." "I have seen through the whole of this trial, a disposition on your part, to delay the proceedings of this court." "1 have discovered your stubborness." Gantt's (G) company, 6th infantry, did, then and there, address to the said captain Gantt, rude and ungentlemanly language, in terms as follows: "How dare you intringe on the rights of this soldier?" "You shall not do it." "You dare not do it." To all which charges and specifications the prisoner pleaded not guilty. "The court, after mature deliberation on the testimo ny adduced, decide upon the following finding, to wit: Specification of first charge-The court find the fact of lieutenant colonel Woolley's having punished private Thomas Powell of (D) company, 6th infantry, with a few lashes on or about the time and at the place specified. First charge-Guilty of the first charge. First specification of 2d charge-Guilty of the entire specification, except that portion of it which alleges the presence of "enlisted soldiers," there being but one en listed soldier present. Second specification of 2d charge-Guilty of the spe cification, except the words "you have wilfully and in tentionally stated what you know to be false." And with the further expression of that part of it which alleges the presence of "enlisted soldiers," there being but one enlisted soldier present. Third specification of 2d charge-Guilty of so muchi of the specification, as alleges the exhibition of a highly colored charge, (not a malignant one), under the circumstances of time, place, &c. as specified. Fourth specification of 2d charge-Guilty of the speci fication. Fifth specification of 2d charge--The court find the facts set forth, without the inferences of rude and ungentlemanly language deduced from them. facts set forth, without the inference attached to them, Sixth specification of same charge-The court find the of rude and ungentlemanly language. do sentence him, lieutenant col. A. R. Woolley, to be The second charge-Guilty of the second charge, and dismissed the service of the United States. "The court, however, urged by the consideration, that the ungentlemanly acts ascribed, in the various findings, to lieutenant colonel Woolley, are all referable to the ascendency which an unsteady and precipitate temper exercises over him, respectfully recommend him to the clemency of the executive Relying for a radical amendment, in his mode of treating subordinates, and a gene ral amelioration in his temper and feelings upon the solemn and enduring nature of the lesson, which his trial his conviction, and the recovery of his former rank, only through the considerate lenity of the chief magis trate, shall have all conspired to teach him." II In conformity to the 65th article of the rules and articles of war, the whole proceedings in the foregoing case, have been transmitted to the secretary of war, to his confirmation, or disapproval and orders in the case. be laid before the president of the United States, for The secretary of war has returned the proceedings with the following order: DEPARTMENT OF WAR, "The president of the United States, to whom has been submitted for consideration, the proceedings of a general court martial, of winch colonel D. L. Clinch was president, for the trial of lieutenant colonel A. R. Woolley, approves the same. The court has recommended col. Woolley, to the clemency of the president, under a hope expressed, that for the future, there will be “a radical aniendment in his mode of tre ting subordinate, and a general amelioration in his temper and feelings, upon the solemn and enduring nature of the lesson, which his trial, his convic tion, and the recovery of his former rank, only through the considerate lenity of the chief magistrate, shall have all conspired to teach him.” Specification 6th.-In this: that he the said lieutenant colonel A. R. Woolley, at Jefferson barracks, on or about the tenth day of October, 1828, while commanding officer of the 6th infantry, and president of a general court martial, in session at Jefferson barracks, on or about the 10th day of October, 1828, did, then and there, and during the session of the court, address to first lieutenant M. W. Bateman, of the 6th infantry, and a member of the aforesaid general court martial, rude and ungentlemanly language, in words as follows: "Sir, If you ever give testimony against me, I'll pull you up to the bull ring.' "Pil search you to the liver " Specification 7th.-In this: That the said lieut. col. A. R. Woolley, while in command of the 6th regiment of infantry, at Jefferson barracks, Missouri, and on or about the 17th day of October, 1828, having summoned capt. John Gantt, to his, lieut. col. Woolley's quarters, and during a conversation touching the legal and judicious withdrawal of a pass on the part of the said captain John Gantt, countersigned by the said lieutenant colonel A. R. Colouel Woolley is charged and found guilty of punWoolley, in behalf of John Stanley, a private of captain ¦ ishing a soldier with lashes. This is so flagrant a viola It would afford the president much satisfaction, could he adopt the recommendation of the court, set aside its verdict, and restore colonel Woolley again to his rank and to his command. This, I am directed to say, cannot be done, regard being had to the high obligation of seeing that the laws are faithfully executed. 雪山 tion of the positive law of the country, that the execu- | been acknowledged, and recognized, in either character tive clemency cannot be interposed whereby to excuse, or justify hereafter, any similar conduct in others. Every soldier, before he becomes such, is a free man: and even after his enlistment surrenders those civil rights only, which are demanded of him by the legal, the constituted authorities of his country. By the laws of that country, he feels and believes himself protected, when entering upon his enlistment, from every thing of personal abuse, and personal degradation. Even by a court martial, stripes or lashes cannot be inflicted, because the law prohibits them: still less should they, be suffered to be inflicted by an officer whose duty it is to be the sol-his letter of marque, as his authority to cruize against dier's protector in all his legal rights and to watch over them, with the justice and care of a father. The soldier cannot be subordinate and faithful, while he sees himself subjected to the abuse and tyranny of his officer; in despite of the protection which the positive laws of This country assure to him. Personal violence on his part, towards an officer, carries with it the punishment of death, while he, for similiar aggression towards him by his officer, is deprived of remedy, if after conviction by a court, the offender shall find clemency through the interposition of the executive. 50 群 By order of the president of the United States. the burthen of proof must lie upon her. To make her a III. Lieutenant Colonel A. R. Woolley, of the 6th By command of major gen. Alexander Macomb, commanding the army. R. JONES, adj. gen. THE PRIVATEER FEDERAL. The United States, The schooner Federal. OPINION. } In admiralty. This is a libel against the schooner Federal under the 4th sec. of the act of 3d March, 1819, which subjects to forfeiture any vessel or boat, from which any piratical aggression, search, restraint, or depredation, or seizure, shall have been first attempted or made. that captain Taylor was on shore at Buenos Ayres, on the 14th of September last, that he came on board on the fifteenth, and very soon after, got underweigh, for the purpose of proceeding on a cruise. The newspaper published at Buenos Ayres, on the fifteenth, states that the British packet Swallow had arrived the day before with the preliminaries of peace, signed at Rio Janeiro. The newspaper speaks of this event as having been the subject of public rejoicing in the city, and from the manner in which it is announced, there is little room to doubt that the peace was highly acceptable to the government, and would be immediately ratified. It is impossible for the court to believe that captain Taylor was unacquainted with these circumstances, and it is equally well satisfied that it was his duty to have refrained from any hostile enterprize, at such a moment. No No person appearing to claim the Federal or to make one who reasons correctly can approve his conduct, in defence against the libel, although publication of the hastening to leave Buenos Ayres at such a juncture, monition has been regularly made in the newspaper of when a day, perhaps a few hours, might have brought this place; and, from the letter of her captain exhibited him official news of peace. His hastening from Buenos to the court, it also appearing that he was informed of Ayres under these circumstances was in the opinion of her situation here, the court conceived it proper to ap- the court, cum dolo et culpa and marked every subsepoint two gentlemen of the bar, Mr. Baltzell and Mr.quent hostile act with the taint of piracy. It does not Greathouse, to defend the interests of the absent owners. The circumstance just mentioned might have been considered by the court an abandonment of the vessel, by her captain, and a confession of the allegations of the libel; but the great importance of the case, rendered Captain Taylor having sailed from the seat of governit more advisable that every opportunity should be ment to commence a cruize against a power, which he afforded of a fair and full investigation. Indeed the lan-had every reason to believe was then actually at peace guage used by captain Taylor, in his letter written on board the Erie, soliciting permission from captain Turner to return to St. Bartholomews, for the purpose of proeuring his papers, in order to be able to defend himself and vessel, contains a passage, which might be considered as an acknowledgment of the justice of any sentence which might be pronounced. "If I should not appear in the United States," says he, "it will be the greatest evidence of my having committed myself-and the prize consequently a good one. In the trial of this case a great deal of testimony has been adduced both on the part of the captors and in the defence, not strictly adinissible on legal principles. But the court after separating that which is not entitled to consideration from that which is, still finds itself in possession of enough to enable it to arrive at a satisfactory conclusion. The log book of the Federal, the treaty between Buenos Ayres and Brazil, the newspaper published at the former place, and the letter of captain Taylor, in the situation in which the case at present stands, woul, in the opinion of the court, be sufficient to sustain its decree. If the acts of the Federal can be justified, it must be by shewing that she is either a public ship belonging to the government of Buenos Ayres, or duly commissioned as a letter of marque, and unless she has alter the case, that in point of fact, the treaty was not ratified until some days afterwards. He could have known nothing of this, and his hasty movement was undoubtedly made to avoid the annunciation of peace. with the power under whose flag he professed to make war, was in a very different situation from one, who might happen to be in some distant cruising ground, where the official news of peace might be long in reaching him. The studious silence of the log book, which does not even mention a rumour of peace, although several vessels which had been spoken and captured, along the coast of Brazil, south of lat. 12°, to which her cruize appears to have been contined, must have communicated the intelligence, is itself a circumstance calculated to excite suspicion of the correct intentions of the captain. This suspicion is heightened by his conduct in relation to the Portuguese Sinack Caridad, which appears to have been captured south of Bahia on the 21st of October, which, the log book states, had a prize master put on board, and was despatched with all speed, but does not say to what place. The proper place, had the intentions of the captain been honest and fair, would have been to some port of the government of Buenos Ayres, where the vessel and cargo would be regularly adjudicated. Instead of this, she was despatched in the opposite direction, to the West Indies, to neutral islands, where according to the law of nations, the utmost she had a right to expect or ask, was a temporary asylum. The smack, it appears, from the evidence, reached St. |