Palafor's Dispatch to the Central Junta.— due observance thereof?-Second, Can any of the inconveniences of the present system be remedied by further modifications; and what modifications would effect that object? Be pleased, Sir, to accept assurances of my high consideration and regard. SEIGNOR: This capital has recently given an additional proof of that heroic patriotism and attachment to its sovereign which distinguish and characterise it. On the 30th of Nov. in the dusk of the evening, the enemy, being above 12,000 men in number, made their appearance in the quarter of Torrero and Casa Blanca, having come by Muel and Muria, on the roads from Madrid and Valencia. Part of them took post on the road, on a height situated between the hermitages of Soledad and Santa Barbara, and commanding La Casa Blanca; the rest ascended, under cover of the Ravine de la Muerre which covers Torrero, and took possession of the Carthusian monastery of Conception. They had a considerable body at Alagon, and we were informed that 3000 men were advancing by way of Tauste and Castejon de Baldejussa a Zuera, in order to attack us at four points. The whole of the garrison were immediately ordered under arms, and the heroes of Saragossa also took up their muskets. All the posts were occupied, and- the whole of the inhabitants went out with alacrity and enthusiasm to be spectators of the glorious action which was impending. On the 1st of Dec. at day-break, the enemy were dislodged from the Carthusian monastery, and compelled to fall back through the Ravine, when they took post in five columns on the heights that command Torrero, with the decided intention of making their attack in that quarter. They manoeuvred until 10 o'clock a. m. at which hour they commenced their most decisive and vigorous attack in the direction of Casa Blanca. It was received on our side with a very brisk fire of musketry and cannon, which lasted until two o'clock, when the whole of the enemy's army in Soledad fell back, shame-dent, that power of detention vested in the fully abandoning Torrero. (To be continued.) Letter from Mr. Gullatin, in Answer to Mr. collectors by the act of the 25th of April last. That subject has been a constant source of complaint and difficulty. It has AMERICAN STATES.-Letter from Mr. Giles, been the uniform practice from the estaMember of the Embargo Committee, to Mr.blishment of the government of the United Gullatin, Sec. of the Treasury, dated 11th States, to give positive instructions to the Nov. 1808. collectors respecting the execution of the DEAR SIR.-I am instructed by the Com-laws, and which they were bound to obey, mittee appointed to consider the several Embargo Laws, &c. to request you to lay before them with as little delay as possible, such information as your department affords upon the following questions.-First, What measures would be most effectual in preventing the violations or evasions of the several Embargo Laws; and enforcing unless a different construction should be established by a legal decision. This indeed was essentially necessary, in order to secure an uniform construction and execution of the laws. But the provision now alluded to makes the detention to rest on the opinion of each collector, and this must necessarily produce a great diversity in the manner in which the power should be there will be no hardship, where the intenexecuted. All has been done that can be tion is fair, to require a bond similar to done to obviate that evil; and the Presi- that given for a coasting voyage. And dent being authorised to decide on the de- the collectors should likewise in such cases tentions when made, the opportunity was be expressly authorised to take such effitaken to inform the collectors of what in cient precautions as will put it out of the his opinion should be a proper cause of de- power of such vessels to sail without warntention. This however could be given ing.-2. In order to prevent those frauonly as opinion, and operate as a recom- dulent sales of vessels by which ostensibla mendation, and not as an order. Nor does owners of no responsibility are substituted it appear practicable to establish uniform- to those from whom penalties might be ity, and to prevent partiality, and either recovered, it is necessary to provide that laxity or too great severity in practice, those owners of vessels whose names apunless the power of prescribing general pear on the register or licence, should rules in that respect by which the collec- continue to be reputed as such, and liable tors will be bound to abide, be vested in to the penalties in case of infraction of the President.-I am aware that there is the laws, until the register or licence shall another mode of evasion, by regular coast- have been actually surrendered and new ing vessels, which will not be prevented by papers shall have been regularly granted either of the preceding provisions. Ei- by the collector to the purchaser, and in ther whilst in port or on their way down every such case, of purchase, a sufficient our rivers and bays, coasting vessels may bond that the embargo shall not be inreceive articles not entered on their mani- fringed, to be previously required.-3. fest, which they put on board other ves- The power to seize unusual deposits now sels lying off the coast for that purpose.— vested in the collectors of districts adjacent But it is not perceived that any legal pro- to the territories of foreign nations should, vision can prevent that infraction, nor that as well contemplated in the Bill passed by any other remedy can be found than the the House of Representatives, be extended vigilance of the officers. Another gene- to all the districts. That this is an arbiral regulation will, however, be suggested trary power which nothing but the unreperhaps useful as a permanent measure, mitted efforts in some places to evade the but which would at all events, under exist- law can publicly justify, cannot be deing circumstances, give additional security nied; and it should, like that of detention, for the observance of the laws, and afford be placed under the controul of the Presisome relief to our own seamen; to wit, a dent, and be executed only in conformity prohibition to employ any aliens either as with such general rules as he would pre masters or part of the crew of any coast- scribe.-4. Exclusively of the assistance ing vessel-It is still more difficult to which may be derived from gun-boats guard against violations by vessels de- and from the armed vessels of the United parting without clearance, in open defiance States, it would be advisable to authorise of the laws. The following provisions, on the President to add ten or twelve cutters mature consideration, appear the most ef- to the present establishment. Fast sailing ficient that can be devised against infrac- vessels of every draft of water, and requitions which it is the more necessary to re- ring only from 15 to 30 men each, are press as they may be daily expected to in- mostly wanted, and would, for the object crease, and threaten to prostrate the law contemplated, be as useful as the largest and government itself.-1st. To forbid frigates.-5. It is with regret that the neexpressly under pain of forfeiture (the pe- cessity of authorising, on the application of nalty now being only implied) the lading the collectors, an iminediate call of the loof any vessel without the permission of the cal physical force of the country, must also collector, and without the bond for a coast-be stated. But such partial acts of violence ing voyage being previously given;--authorising the collectors to refuse permission, unless the object be that of a lawful coasting or fishing voyage. The great number of vessels now laden and in a state of readiness to depart shews the necessity of this provision. If there be cases in which the indulgences of converting vessels into warehouses, ought to be granted, SUPPLEMENT to No. 4, as have taken place in some of the seaports, cannot be prevented by the circuitous manner in which the public force must now be brought out in support of the laws. And no doubt exists that the mass of the citizens, whether they approve or disapprove of the Embargo, would in every port instantaneously suppress any such outrage, they can be called upon to act in a legal manner. E VOL. XV.-Price 10d. lectors, which not only perplex faithful officers, but have the effect of intimidating others, and prevent an energetic performance of their duties. The only provisions which have occurred to me on the subject, -Some other provisions appear also necessary for the purpose of carrying the laws more completely into effect along our land frontiers.-1. The exportation of specie by land should be expressly prohibited.-2. The power of detaining depo-are to enable the collectors who may be sits should be so expressed as to leave no doubt of the authority to detain waggons and other carriages laden and actually on their way to a foreign territory. Although I cannot perceive any reason for the distinction, it has been supposed in one of the districts, that the law which authorised the detention of flour, beef, or potash deposited in a warehouse, did not extend to the case of their being deposited in a waggon although evidently on its way to Canada.― 3. The offence now published by law is that of exportation. This is not consummated till after the property has been actually carried beyond the lines, where being in a foreign jurisdiction, it cannot be seized so that forfeiture, which is the most efficient penalty, can never apply to exportations by land; and the bond being required, as in the case of vessels, the only remedy is the uncertain one of recovering penalties against apparent offenders who either abscond or have no property. How far it may be practicable to make the act of preparing the means of exportation punishable, or provide some other remedy, is submitted to the Committee.-But it musi also be observed, that every degree of opposition to the laws, which falls short of treason, is now with but few exceptions, an offence undefined and unprovided for by the laws of the United States. Whence it follows that such offences remain unpunished when the state authorities do not interfere. The necessity of defining those offences by law as misdemeanors, and of providing an adequate punishment, appears obvious -I will beg leave here to add that it does not appear necessary to continue any longer the indulgence granted to the British merchants to import for the use of the Indians articles of which the importation is generally prohibited by law, as that privilege is liable to great abuse, and affords just ground of dissatisfaction to American citizens.-Whether it be adviseable to continue the permission given to those Indian traders to export furs and peltry, is a question to be decided by political considerations.-The last branch of the subject to which I wish at present to call the attention of the committee, relates to interruptions and certain injurious proceedings attempted under colour of law. 1. Vexatious suits are brought against col sued, always to remove the cause before a court of the United States; to make a certificate issued by the proper authority, that there was reasonable cause of detention, protect them against damages in cases of detentions, in the same manner as is now provided in cases of seizures; and to provide for the safe keeping, and restoring when proper, and on security being given, the vessels and property which may be detained.-2. Attempts have in several instances been made to wrest from the collectors by writs of replevin issued by the state courts or officers, property detained or seized by said collectors, or which, in any other manner, is in their possession in conformity with some law of the United States. It is evident that such attempts, if submitted to, would defeat not only the embargo but also the revenue laws of the United States; that whenever property is by virtue of the law of the United States in the possession of a collector, marshal, or any other of their officers, no process in rem, which will take the property away, whether of replevin, attachment, or any other, can be legally issued by a state authority; and that the sheriff or other person executing the same must be considered as a merc trespasser, and be resisted accordingly. But there is no other way at present to resist such illegal process but actual force. And it appears necessary that another remedy should be afforded, by providing a summary mode of superseding any such process, through the interference of the courts of justice of the United States; and by making it penal for any sheriff, or other person, to execute the same, or in any manner to attempt to take property which by virtue of any law of the United States is in the collector's possession.-3. In some instances where vessels and cargoes libelled for infractions of the embargo have been restored to their owners on their giving security for the appraised value, the valuations have been so low as to reduce the forfeiture to an inconsiderable sum, thereby defeating altogether the law. It is suggested that this might be prevented by a provision authorising and directing the district judges to set aside on motion of the district attorney, such valuation, whenever in their opinion falling short of the true valuc.-On the Report of the Embargo Committee. AFTER a period of 15 years of peace hardly interrupted by transient hostilities, and of prosperity unparalleled in the history of nations; the United States are, for the first time since the treaty which terminated the revolutionary war, placed in a situation. equally difficult, critical and dangerous.— Those principles recognized by the civilized world under the name of Law of Nations, which heretofore controuled belligerent powers, regulated the duties of neutrals, and protected their rights, are now avowedly disregarded or forgotten by Great Britain and France. Each of those two nations captures and condemns all American vessels trading with her enemies or her enemy's allies, and every European power having become a party in the contest, the whole of our commerce with Europe and European colonies, becomes liable to capture by either one or the other. If there be any nominal exception, it is made on a condition of tribute, which only adds in subject of mandamus, I will only observe that, in the only instance which has taken place, the court, supposing they had jurisdiction, could not, from the manner in which the question was brought before them, having decided otherwise than they did, but that it is desirable that the question of jurisdiction, as it relates either to the courts in whom the power ought to be vested, or to the courts to which it should extend, should be precisely defined by law. I have not in this communication taken into consideration the technical defects of the existing embargo laws, because prosecutions do not fall within my immediate cognizance, and I do not feel competent to the task of pointing out the necessary alterations. Measures have however been taken to procure on that subject and from the proper sources, information which will hereafter be laid before the committee. To the remaining enquiry of the committee, whether the inconveniences of the present system may not in some degree be removed, I can only answer, gene-sult to the injury.-The only plea urged in rally, that a law which lays such extensive justification of those hostilities, is that of restrictions as the embargo, cannot be car- retaliation, grounded on a presumed acquiried into effect without imposing serious escence of the United States in previous inconveniencies even on the domestic in- aggressions by the other party. Waving tercourse of the United States; and that a discussion of the correctness of the printhese must necessarily be increased in ciple of retaliation, a principle doubtful in proportion to the opposition and efforts to itself and altogether inadmisisble to the evade or violate the law. It has already extent to which it has been carried, and been stated that provisions which will when operating on the neutral rather than render the bond given by coasting vessels on the enemy: it is altogether untrue that a complete security against violations of the United States have voluntarily acquiesthem, will diminish the necessity and ex- ced in the unlawful aggressions of either natent of more arbitrary restrictions. An tion; omitted or delayed any measures calauthority to permit on proper security culated to obtain redress, or in any respect being given such vessels when they arrive deviated from that impartiality to which in port, to keep their cargoes on board, they were bound by their neutrality. would afford some relief. And I think France has alluded to the violations of the that the credit on duties accruing on the national flag, and of the sovereignty of importation of some articles which was the United States, in the instances of allowed by the act of 10th March last, Pierce's murder, of the outrage on the Cheshould be extended to all importations of sapeake, and of the destruction of the Imthe same articles made after the passing of petuous. The measures taken to obtain rethe act, those made in vessels which sailed dress in those cases are of public notoriety, under special permission only excepted. and it may be added, that with the excep With respect to this last class of importa- tion of the last, those aggressions on the tions, as they were permitted by special sovereignty of the United States did not indulgence, as it is understood that it has affect their neutrality, and gave no right to been impossible in many cases to prevent France either of complaint or interference. its being abused, and as in almost all the Setting aside irregularities of less impor parties having a species of exclusive privi- tance, and equally chargeable to both nalege, have made sufficiently profitable tions, such as the British order of June voyages, the propriety, particularly in the 1803, and the decree of the French gene. existing situation of the revenue, of allow-ral Ferrand; the principal violations by ing them also the advantages of an extended credit on duties, is not perceived. England of the neutral rights of America, prior to the Berlin decree of November 1806, and which if acquiesced in might ing stated that" they could not believe have given grounds of complaint to France, that the enemy would ever seriously atare the capture of American vessels laden tempt to enforce such a system," the folwith colonial produce, founded on a renew-lowing declaration is expressly made, “If, al of that pretended principle generally however, the enemy should carry these called the Rule of 1756," the impress- threats into execution, and if neutral nament of American seamen, compelled tions, contrary to all expectation, should thereby to become the auxiliaries of Eng- acquiesce in such usurpations, his Maland against France, and proclamation of jesty might probably be compelled, hownominal blockades, particularly that of the ever reluctantly, to retaliate in his just decoast from the river Elbe to Brest notified in fence, &c." The two requisites necessary May 1806. It will not be asserted that the in the opinion of Great Britain to justify United States have ever tamely acquiesced retaliation, are stated to be the execution in either of those pretensions. It will not of the decree, and the acquiescence of neube denied, that with respect to the two first, tral nations. Yet, within eight days after, the most strenuous efforts were incessantly and in the face of that Declaration, withmade to procure an alteration of the British out waiting for ascertaining either of those system. It is true that to the nominal pro- facts, the retaliating British order of Januclamation blockades of England, the Uni- ary 7, 1807, was issued, which, contrary to ted States had opposed only spirited and the acknowledged law of nations, subjected repeated remonstrances, and that these had to capture, vessels of the United States not always been successful. But the mea- sailing from the port of one belligerent to a sures which a neutral nation may be suppos-port of another belligerent.-The United ed bound to take against the infractions of States in the mean while and without delay, its neutrality, must always bear a certain had taken the necessary steps to ascertain proportion to the extent and nature of the the manner in which the French governinjury received, and to the means of oppo- ment intended to execute their decree.sition. It cannot certainly be pretended That decree might be construed merely that a hasty resort to war, should in every as a municipal law forbidding the introducsuch instance have become the duty of Ame- tion of British merchandize, and the adrica. Nor can the irregularities of England, mission of vessels coming from England. in declaring in a state of blockade, a certain Under that aspect, and it confined to that extent of coast, part of which was not and object, the neutral rights of America were the whole of which could not, even by her not affected by its operation. A bellipowerful navy, be actually invested and gerent may, without any infraction of neublockaded, be pleaded in justification of tral rights, forbid the admission into his that decree, by which France, without ports of any vessel coming from the ports an efficient fleet, pretends to announce of his enemy. And France had undoubtthe blockade of the dominions of a power edly the same right to exclude from her which has the incontestible command of the dominions every species of British mersea, and before no port of which she can chandize, which the United States have station a single vessel.--The Milan decree excrcised in forbidding the importation of of 1807 can still less rest for its defence on certain species. Great Britain might be the supposed acquiescence of the United injured by such regulations; but America States in the British orders of the prece- had no more right to complain of that part ding month, since those orders which of the decree, than France had to object have not certainly been acquiesced in, were to the American Non-importation Act. So not even known in America at the date of far indeed as respects the United States, the decree. And it is proper here to add, they were placed by the municipal part of that the French have, particularly by the the decree in the same situation, in relation equestration of certain ves-els in their to France, in which they are placed in ports, and by burning our ships on the high their intercourse with Great Britain by the seas, gone even beyond the tenor of their permanent laws of that country. The own extraordinary edicts.-The allegation French decree forbids American vessels to of an acquiescence in the Berlin decree of import British merchandize into France. November 1806, by which alone the Bri- The British Navigation Act forbids Ameritish government pretends to justify the or- can vessels to import French merchandize ders in council, is equally unfounded. In into England. But that broad clause of the note on that subject addressed on the the Berlin decree which declared the Bri31st Dec. 1806, by the British govern- tish islands in a state of blockade, though ment to the American ministers, after hav-not followed by regulations to that ef |