and being negociable, the plaintiff consolidated them tent myself by spreading alarm on the coast, and in one suit and on this suit the prisoner is at pre- destroying the shipping, which I did as far as Hull, sent in custody.

A question is now made, whether this demand of Shepherd's is to be considered as a debt contracted before or after the enlistmen.?

I

On the morning of the 23d of September, while was cruising in the latitude of Flamborough Head, which I had appointed as a place of rendezvous for my little squadron, and where I hoped to be rejoinTechnically speaking, the cause of action in this ed by the Alliance and Le Cerf, and also to fall in case accrued to Shepherd after the enlistment, and with the Baltic fleet; this convoy accordingly ap it the debt is to be assimilated to the cause of action, peared, at a time when 1 had been abandoned by then no doubt can remain that this demand was several of my consorts, had lost two boats, with contracted after enlistment, certainly before the en- their crews, who had run away on the coast of Irelistment Shepherd was not a creditor-his right as land, and when a third, with eighteen men on board, endorser arose subsequently, and the very form of was in chase of a merchantman to the windward, declaring by endorser against drawer alledges a leaving me with a scanty crew, and only a single promise or assumption (the basis of the action) by the lieutenant and some inferior officers, on board. defendant to the plaintiff after the notes were assigned or endorsed-hence, upon a strict applica the Baltic fleet appeared in view; I then happened tion of legal principles, the relation of debtor and to have the wind of it, and was about two leagues cred for did not exist between the parties until after distant from the coast of England. I learned from my prisoners, that the convoy was escorted by the

enlistment.

It was about two o'clock in the afternoon that

In this case I am inclined to adopt these princi-Serapis, a new vessel, that could mount fifty six ples: by it, full effect is given to the act of congress, guns but then carried only forty-four, on two decks, which ought to receive a favorable construction, as the lower battery carrying eighteen-pounders, and being made for the support and defence of the coun the Countess of Scarborough, a new twenty-two try-this too will prevent a volunteer creditor from gun ship. interposing his claims between the government and its military force, and will prevent fraudulent or colorable purchase of debts, being made with a view

eitherto harrass the soldier or to diminish the national strength.

J. V. N. YATES, Recorder of Albany. April 30th, 1812.—The prisoner was accordingly discharged from prison and delivered over to his commanding officer.

We were no sooner descried than the armed vessels stood out to sea, while the trade took refuge under the cannon of Scarborough Castle.

As there was but little wind, I could not come up with the enemy before night. The moon did not I am clearly of opinion, therefore, that the pri-rise until eight, and at the close of day the Serapis soner, under the particular circumstances of this and Countess of Scarborough tacked and stood in 1 was lucky enough to discover case, comes within the operation of the act of con-for the fortress. gress, and must be discharged from imprisonment. this manovre by means of my night glass, without which I should have remained in ignorance of it. On this immediately altered my course six points, with a view of cutting off the enemy; which was no sooner perceived by the Pallas,than it was supposed my crew had mutinied, which induced her captain to haul his wind, and stand out to sea while the Alli ance lay o, to windward, at a considerable distance; and, as the captain of this vessel had never paid any attention whatever to the signals of the Richard since her leaving France, I was obliged to run all risks and enter into action with the Richard only, to prevent the enemy's escape.

Paul Jones.

(Continued from page 278.)

I accordingly began the engagement at 7 o'clock at night, within pistol shot of the Serapis, and sus ained the brunt of it for nearly a whole hour at that distance, exposed, not only to her fire, but also to that of the Countess of Scarborough, which raked the Richard, by means of the broadsides she fired

As there was only a twenty gun ship and two cutters in Leith Road I deemed it practicable to lay those two places under contribution. I had indeed no other force to execute this project, than the Richard, the Pallas, and the Vengeance; but I well knew, that, in order to perform a brilliant action, it is not always necessary to possess great means. I It ought to be here remarked, that the Richard, therefore held out the prospect of great booty to the captains under my command; and, as to myself, I was satisfied with the idea of making a diversion Properly speaking, was only a thirty-four-gun iri in favor of the count D'Orvilliers, who was then inte, carrying only twelve pounders; but six eigh the channel.

I now distributed red clothes to my men,

and

put some of them on board the prizes, so as to give them the appearance of transports full of troops All the necessary arrangements were also taken to carry the enterprise into execution: but, about a quarter of an hour before the descent was to have been made, a sudden tempest arose, and drove me out of the Forth, or Edinburgh Frith, and so vio lent was the storm that one of my prizes was lost. This did not, however, deter me, notwithstand

into her stern.

teen-pounders had been placed in the gun-room, in case of being obliged to recur to a cannonade in an enemy's harbor. The sea being very calm during the engagement, I hoped to be able to derive great advantage from this circumstance; but instead of and the officers and men posted at this service, and this, they burst at the commencement of the action, who were selected as the best of the whole crew, where either killed, wounded, or affrighted to such a degree, that none of them were of any service during the rest of the engagement. In this unfortunate extremity, having to contenid ing the smallness of my forces, from forming dif with three times my own strength, the Richard be ferent enterprises of a similar nature: but I could ing in imminent danger of going to the bottom, and not induce the captains of the Pallas and Vengeance her guns being no longer in a condition to return to second my views, I was therefore obliged to con- the enemy's fire, I had recourse to a dangerous e

pedient, to grapple with the Serapis, in order, on ignorant of what had occurred on deck; I replied, the one hand, to render her superiority useless,and, however, "I do not dream of surrendering, but I on the other to cover ourselves from the fire of her am determined to make you strike!", consort. This manovre succeeded most admirably, and I fastened the Serapis, with my own hands to the Richard. On this, the captain of the Countess of Scarborough, who was a natural son of the duke of Northumberland, conducted himself like a man of sense, and from that moment ceased to fire upon us, well knowing that he must at the same time da mage the Serapis.

The English commander, however, conceived some faint hopes, in consequence of what had been said, that the Richard was actually sinking; but when he perceived that her fire did not diminish, he immediately ordered his men from the forecastle, where they were too much exposed, and stationed them below, where they kept up such a tremendous discharge against the Richard, that it at once indicated vengeance and despair.

That vessel being to windward at the moment we had grappled, instantly dropped her anchor, hoping It has already been observed, that when I comby this to disengage herself from us; but this did¦menced the action, the Pallas was at a great disnot answer her expectations, and the engagement, tance to windward, while the Alliance lay to in the from that moment, consisted of the discharge of same position. When the captain of the former great guns, swivels, musquetry, and grenades.-perceived that the engagement took place, he spoke The English, at first, testified a desire to board the to his consort; but they lost a great deal of time, Richard, but they no sooner saw the danger than and it was not until now, that they came within they desisted. The enemy however, possessed the gun shot of the Countess of Scarborough, and a advantage of their two batteries, besides the guns kind of running fight took place between the latter on their forecastle and quarter-deck, while our can- and the Pallas. The Alliance followed them, and, non was either burst or abandoned, except four on passing us, fired a broadside, which, as we were pieces on the forecastle, which were also relinquish closely engaged with the enemy, did no more harm ed during some minutes. Mr. Mease, the officer to them than to us.

-or

who commanded these guns, had been dangerously The battle still continued with uncommon ardor wounded on the head, and having, at that period, between us and the enemy, whoseno greater object to occupy my attention, I myself burned, and her main-mast cut away, by degrees, took his post. A few sailors came to my assistance by our bullets; while the heavier metal of the of their own accord, and served the two guns next Serapis drove in one of the sides of my ship, and to the enemy with surprising courage and address. met with little or no resistance. In short, our A short time after this, I received sufficient assist helm was rendered useless, and the poop was only ance to be able to remove one of the forecastle guns supported by an old and shattered piece of timber, from the opposite side; but we had not strength which alone prevented it from giving way. sufficient to remove the other, so that we could on

At length, after a short engagement, the Coun

ly bring three guns to bear upon the enemy during tess of Scarborough surrendered to the Pallas; it the remainder of the action.

was then that the captain of the latter asked the The moon, which, as I have already observed, commander of the Alliance, "whether he would rose at eight, beheld the two vessels surrounded by take charge of the prize, or sail and give succor to flame, in consequence of the explosion of the can- the commodore?" On this, the Alliance began to non. It so happened at this period, that the main stand backwards and forwards under her topsails, mast of the Serapis, which was painted yellow, ap- until, having got to the windward, she came down, peared extremely distinct, so as to form an excel- and discharged a second broadside against the forelent mark; on this, I pointed one of my guns at part of the Serapis, and the hind part of the Richit, taking care to ram home the shot. In the mean ard. On this I and several other persons begged time, the two other pieces were admirably served for God's sake, that they would cease firing, and against the -and swept its forecastle, by means send a few men on board of us: but he disobeyed, of an oblique fire. The tops also seconded us brave and fired another broadside as he passed along; ly, by means of musquetry and swivels, and also after which he kept at a most respectful distance, threw a multitude of grenades so as greatly to an- and took great care not to expose himself during the noy the enemy. By these means they were driven remainder of the action, without receiving a single from their quarters, notwithstanding their supeshot, or having a man wounded during the whole riority in point of men and artillery. engagement.

The captain of the Serapis, after consulting with The idea that we were sinking had taken such his officers, resolved to strike; but an unlucky ac possession of the armourer's mind, that he actually cident, which occurred on board the Richard, pre-opened the scuttles, and made all the prisoners, to vented this a bullet having destroyed one of our the number of a hundred, sally forth, in opposi pumps, the carpenter was seized with a panic, and tion to my reiterated orders. This event might told the gunner, and another petty officer, that we have proved fatal, had I not taken advantage of were sinking. Some one observed at the same their affright to station them at the pumps, where time, that both I and the lieutenant were killed; they displayed surprising zeal, appearing actually in consequence of which the gunner, considering to forget their captivity; for there was nothing to himself as commanding officer, ran instantly to the prevent their going on board the Serapis ; or, it was quarter deck, in order to haul down the American in their power to put an end to the engagement in colours, which he would have actually hauled an instant, by either killing me, or throwing me into down, had not the flag staff been carried away at the sea. the time the Richard grappled with the Serapis.

The captain, on hearing the gunner express hi wishes to surrender, in consequence of his sup posing that we were sinking, instantly addressed himself to me, and exclaimed, “Do you ask to quarter? Do you ask for quarter?" I was so oc cupied, at this period, in serving the three pieces of cannon on the forecastle, that I remained totally

As our three quarter-deck guns continued to play, without interruption, on the enemy, raked her hinder parts, and damaged her mast in such a manner, that it was only supported from falling by the yards of our ship, while the tops poured in a continual discharge; the fire of the English began to deaden in such a manner as to bereave them of all hope of success.

SECTION II.

A circumstance, however, occurred, that contri Hour at market, to provision the departments which buted not a little to the victory of the Richard: this may require it, shall be bound to do it publicly, was the extraordinary intrepidity and presence of and after having made a declaration of it to the mind of a Scotch sailor, posted in the main-top; this prefect or sub prefect. brave fellow, of his own accord, seized a lighted match, and a basket of hand grenades, with which he advanced along the main-yard, until he had ar rived exactly above the enemy's deck. As the flames of their parapets and shrouds, added to the light of the moon, enabled him to distinguish objects, the moment he perceived two or three persons assem bled together, he instantly discharged a hand grenade among them; he had even address enough to drop several through their scuttles, and one of them set fire to the cartridge of an eighteen pounder belonging to the lower deck, the discharge of which scorched several of the crew.

Of the supplying the markets. 3. It is forbidden to all our subjects, of whatever class or condition they may be, to make any purchase or provision of grain or flour to keep or warehouse, or make an object of speculation.

4. Consequently all those individuals having grain or flour in store, will be bound, 1st To declare to the prefects or sub-prefects, the quantities possessed by them, and the places to which they are deposited, 2d. To bring to the halls and markets which shall be pointed out to them by the said prefects or under prefects, the quantities necessary to keep them suf

5. Every farmer, cultivator, or proprietor, possessing grain, shall be obliged to make similar declarations, and likewise to equally submit to insure the provisioning the markets when it shall be required of them.

On this, the captain of the Serapis came upon ficiently supplied. the quarter deck, lowered his flag and asked for quarter, at the very moment his main-mast had fallen into the sea. He then came on board with his officers, and presented me with his sword. While this was transacting, eight or ten men be longing to the Richard seized on the Serapis's shalJop, which had been at anchor during the engage men, and made off.

(TO BE CONTINUED.)

French Decree.

At the palace of St. Cloud, on the 4th of May, 1812, Napoleon, emperor of the French, king of Italy, &c. &c.

6. Farmers who have stipulated to pay their rents in kind, shall make a declaration to that effect, and prove it by producing their leases—in this case, upon the quantity they shall be obliged to bring to the markets for their supply a proportionate quota shall be on account of the lessors, and the former will pay them in money, according to the market price.

7. Proprietors who receive the rents of farms in kind, can compel their farmers, inhabiting the said committee, to take such grain to market on receiving a fair remuneration, if they are not bound to do it by their leases.

SECTION III.

8. All grain and flour shall be carried to the markets established for that purpose, and it is forhidden, either to buy or sell them, except in the said markets.

We having caused an account to be given us of the state of provisions throughout our empire, have satisfied ourselves that the remaining grain forms a mass not only sufficient, but more than necessary to our wants-nevertheless, that general proportion between the consumption and resources, can only be established throughout every depart ment of the empire, by means of circulation; and this circulation becomes less rapid, when precau 9. The inhabitants and bakers shall alone, for the tion induces the consumer to make anticipated and first hour be allowed to purchase grain for their superabundant purchases whilst the cultivator own consumption. The commissioners and mercomes more slowly to the markets whilst the chants who come to the market, after having conmerchant defers selling, and the capitalist employs formed to the 2d article of the present decree, canall his funds in purchases, which he warehouses not make purchases until after the first hour. and keeps, in order to enhance the price. These 10. Our ministers are charged with the execution calculations of personal interests-legitimate when of the present decree, which will only be in force they do not put to hazard the subsistence of the to the first of September next.

people, and give corn a value superior to its real worth, according to the state of the crop through out all the empire-must be forbidden when they give grain a price fictitious, and out of all proportion to the price to which the article should rise, according to its real worth, joined to the charges of convevance, and the legitimate profits.

It shall be inserted in the bulletin of laws.

Military Notices.

The first prisoner of war, is capt. Wilkinson of the British marines, taken at Norfolk, with the declaration of war in his pocket, from whence he

Wherefore, desirous to provide by measures proper to give to circulation all its activity, and to the was endeavoring to make his escape. departments which suffer want, security, upon the The revenue cutter at Norfolk has captured a vareport of our minister of manufactures and com-luable British ship from Jamaica. merce, and with the advice of our council of state, we have decreed, and do decree as follows:

SECTION I.

Of the circulation of grain and flour. Art. 1.-The free circulation of grain and flour will be protected in all the departments of our empire-we command all the civil and military author. ities to assist it, and all the officers of police and justice to repress all opposition--to denounce, pro secute or cause to be prosecuted, those guilty of it, before our councils and tribunals.

The U. S. brig Oneida, on lake Ontario, had seized a British merchantman, suspected of an intention to violate the non-importation law, and sent her into port for examination, where we hope she may be detained until the declaration of war arrives there.

It is a memorable circumstance, that the act of congress declaring war against Great Britain was passed on the anniversary of the battle of Bunker's Hill, which was fought on the 17th of June, 1775, The regular troops in Canada are said to amount

- 2. Every individual, merchant, commissioner, to 10.000-the chief of whom are stationed at or other, who shall make purchase of grain or Quebec.

A line of telegraphs is now erecting by order of government, be ween the highlands of New-Jersey Vengeance, and the Navy-yard at New-York.

Spitfire,

BOMBS.

. Ordinary

Fourteen acres of land have been purchased at Etna, Pittsfield (Mas.) to erect thereon barracks for the Vesuvius, troops, with an hospital, &c. Two thousand stand Governor Meigs and captain Wells, have had conof arms, with camp kettles, clothing, &c. fo the ferences with the Wyandots, Shawanese and MinNorthern army arrived at that place on the 17th ult. Consider ble bodies of recruits were expected. In the first brigade of the 14th division of Pennsylvania militia--Washington county) a draft was made to reduce the quota required from the volun teers that offerte e The quota is organized and rea dy to march.

goes-and the Puttawatimies, Eel River Miamies, Weas, Winegaboes, Kickapoos, &c.—at which the prospect of peace in the western country was considerably brightened a friendly disposition being manifested, in general.

The spirit of vol nteering is up in North Carolina, and that state will do its duty. The Philadelphia legion, consisting of 500 uniform- Col. Brearley arrived at New York a few days ago, ed and well disciplined infantry, have unanimously and took command of the troops and fortifications offered their services to the governor of Pennsylva- at the Narrows, with 500 men. The New Yorkers nia, as part of the state's quota. now appear to feel pretty confident in their ability to resist any probable attack.

The merchants of Philadelphia having it under consideration to build a ship of war, and loan her to the United States, have appointed a committee to receive subscriptions for that purpose. The first person applied to was Mr. JACOB GERARD KOCH, a gentleman who has underwritten largely, and is personally deeply interested in the return of many vessels now at sea, What think you was the answer of this right worthy citizen? Why truly he subscribed five thousand dollars, and then said "This I subscribe as a gift, but if it is intended to "loan the ship, I will build a ship of war myself for "the government."

The following British armed vessels, according to Steele's List for April, 1812, are on the Halifax and Newfoundland station

ON THE HALIFAX STATION,

The guns at Fort M'Henry are mounted, and every preparation made to meet the exigencies of war. Its vicinity to Baltimore will always insure an adequate supply of men. The state of the works is honorable to the government, and to the officers who have the care of them.

A company of light artillery raised at Lancaster, Pen. march for the northward a few days since, completely equipped.

A great many stout privateers will sail from the United States in a few days, some are out already. American.-Sometime ago the "First Baltimore troop" of cavalry dissolved itself on account of an alleged grievance in the appointment of certain officers by the executive of Maryland, under the new law. In honor of their late conduct, and in perpeAfrica, adıniral Sawyer, of 64 guns; Eolus, Lord tuam rei memoriam, we give place to the following, Townsend, 32; Atalante, Hickey, 18; Belvidere, with simply observing, that a large number, if not Byron, 36; Bream, Browne, 14; Chub, Innes, majority of the gentlemen who compose this troop. 4: Cuttle, Patterson, 4; Emulous, Mulcaster, 18; are politically known as "federalists:" Fierre, 4; Guerrier, Davies, 38; Goree, Byng, The members of the late "First Baltimore Troop 18; schr. Hunter, -; Juniper, Vassal, 8; Lyna, 18, Paz, Ping, 10; Recruit, Senhouse, 18; Spartin, Brenton, 38; Shannon, Brooke, 38; So mers, Dickens, 10; Tartarus, Pasco, 20; Centu. rion, receiving ship, 50.

of Light Dragoons," at a meeting held at Gadsby's tavern 25th June, 1812, taking into consideration the present state of the nation, and conceiving it necessary at this momentous crisis to overlook all past grievances, and to re-organise themselves, that

AT NEWFOUNDLAND.-Hazard, Corksley, 18;they may unite with their fellow citizens in vindi. Alert,

―, 26.

cating the violated rights of their country, its honor and its dignity:

Resolved, That in consequence of the declaration of war against Great Britain and her dependencies, it has thereby become the duty of every American to aid and assist to the utmost of his power and ability, in bringing the war to an honorable and successful issue: we therefore do hereby in pursuance of principles and feelings, which we trust animate every American bosom, unanimously agree to re organise ourselves as "The First Baltimore Troop of Light Dragoons," under its former byelaws and regulations, and in that and every other capacity to render to the government every support in our power, in the prosecution of the conflict in which it is now engaged.

By order,

LLOYD N. ROGERS, Sec'ry. Extract of a letter from an officer in the U. S. army to the editor of the Montgomery (N. Y.) Monitor, dated.

CHAMPLAIN, June 13, 1812. "The legislature of Canada have lately passed a law, to raise an army by way of draft or conscrip tion from the militia composed of unmarried men. from the age of 15 to 30 years, the drafted are not Jallowed to procure substitutes, but to be embodied

immediately for two years, without respect to per- offer a few seifevident propositions, to shew their sons or property; which causes great uneasiness olly and wickedness.

among his majesty John Bull's most loyal subjects. A person receives of the United States $10,000 "By a respectible gentleman direct from Mon in treasury notes-if he has no use for the money treal, I learn that about forty miles above Montreal for ten days, he lays them by in his desk for that a body of men have collected together composed of time-the interest, in the interim, amounts to $15; about four hundred, with a determination not to he then carries them to a bank and deposites them comply with the above mentioned law, but to resist as other monies, for $10,015; or exchanges them to the last extremity: that on the arrival of this with any friend or neighbor (and in our sea-ports he news at Montreal the king's attorney had issued his can always find such) who has duties to pay, for warrants and sent a Bailif to apprehend certain of that amount. Thus the money is never idle-" it the ringleaders; he being more prudent than works night and day," in the language of the mo courageous did not venture within eight or tenney lenders, and is constantly acqulating. The miles of the main body, where he found one of the banks will be glad to receive these notes in exchange unfortunate rebels, and confined him in Montreal for their own; the advantage is on their side, as the goal. Since writing the above by a gentleman from treasury notes bear a daily interest and their own the same place, I learn, that about twenty leagues bear none at all. If the stock should rise to a greatbelow Montreal, four Parishes had arose en masse er amount than a bank may think it advisable to with a resolution they would not take up arms to keep, which can hardly be possible, they are imsupport tyranny, that one of the principle ringlead mediately convertible into any kind of money desir ers was put under arrest, the inhabitants by way of ed; for the banks always have customers who will committee made known to the civil officers that iffuse them in payment of bonds due the United States the prisoner was confined they were determined to for duties, &c. They are thus better as deposits level the walls of the goal to the ground. The priests than specie-gold and silver; for gold and silver having inte fered to have the commonality complylie dormant in the vault-whereas the treasury notes with the law, but of no avail, they were resolved will be an active capital, every hour becoming more not to wear red coats to please his majesty. and more valuable, and as fully competent to There are daily numbers of young men coming all the purposes of the banks as specie, because into the states from the province to evade the law." they will produce it.

Treasury Notes.

From these brief remarks it will appear evident, that treasury notes, the moment they are issued, will be hoarded up by the banks, if they can get them; and that very few of us will be alarmed with the sight of one unless we seek it as a matter of curiosity.

The Orders in Council.

To meet any possible exigency from a transient failure of adequate supplies to carry on the war against an inveterate and unprincipled enemy, it has been resolved to issue certain notes from the treasury department, to the amount of about fi. millions of dollars, bearing an interest of 5 and 23 per cent. per annum, equal to 1 and 1-2 cents per A gentleman who has had some opportunity of day upon every note of $100-which notes are to forming a pretty correct opinion of the fact informs become payable at the treasury one year after the us, that Messrs. Dupont and company, near Wil date of their respective issues, and in the meanmington, Delaware, are manufacturing WOOLEN time are receivable (with the interest that may have goods to the value of from 150 to 200,000$ per an accumulated upon them) in all payments to be num The adjacent country is filled with sheep; wool becoming one of the staples of the farmer.

made to the United States.

This plan appears the most eligible that could Ten years hence we may send broad cloths to Enpossibly have been adopted, as it will mutually acgland if her government will permit us, or at least, commodate the government and the people, and be supply her manufactures with the Merino wool hav. advantageous to both. Yet attempts are making ing enough for ourselves and to spare; for it is ascer(what will not the enemy attempt?) to depreciate tained that the sheep rather improve than depreciate with us. the value of this intended emission, by comparing The stock it increasing with unheard of it with the old "continental money," &c. The piti rapidity. ful design will not avail-for though treasury notes to the value of five millions may issue, the probabili

ty is that a ten thousanth part of the population of American property in G. Britain.

the United States will never see one of them.The whole will be locked up in the vaults of the banks, or snugly put away by individuals as soon as they appear; because they will be convertible into current money (specie or bank notes) at a moment's notice, and have a constantly increasing value. The sum to be issued is so completely within the means of the government, that these notes will always bear a premium equal at least to the interest that may have accumulated on them. The city of New York, of itself, in the course of one year, would consume the whole emission.

The following is one of the permanent articles of of the treaty between the United States and Great Britain, made in the year 1794

ARTICLE X. Neither the debts due from individuals of the one nation to individuals of the other, nor shares, nor monies which they may have in the public funds, or in the public or private banks, shall ever in any event of war or national difference be sequestred or confiscated, it being unjust and impolitic that debts and engagements contracted and made by individuals, having confidence in each The proposed operation of these notes is so per-other and in their respective governments, should fectly understood by the trading part of the commu ever be destroyed or impaired by national authority, nity, particularly on the sea-board, that an expla on account of national differences and discontents. nation of it may well be thought superfluous. But This article was introduced by the British minisas bad men may seize upon them to alarm the igter, to secure his countrymen from the fear of senorant and unsuspecting, it appears right we should questration and confiscation in case of a rupture