Essequebo and Demerary Royal Gazette 1812 July 07

TUESDAY, JULY 7th, 1812.

                  COMMISSARIAT-OFFICE,
                  Demerary, July 7, 1812.
WANTED, for the Use of the Quarter and Barrack-Department-
1,500 Feet Hardwood Boards,
50 Pounds 12d. Nails.
Tenders in triplicate for the same, will be received at this Office, until Monday next, the 13th instant, at 8 o'clock in the morning, when they will be opened, and the offer must advantageous to Government accepted.
Alex. Pitman,
Assistant-Commissary-General.

RUNAWAY - a Negro-Boy, named Damon, about fourteen years old. He has been seen about Mahaica. A reward of One Joe will be given on lodging him in the Colony-Barracks, or delivering him to the Subscriber.
George-Town, July 7. B. Spooner.

THE Subscriber, as Deliberating Executor to the Estate of William King, Goldsmith, deceased, requests all those who may have any claims for jewellery left with the deceased for repairs, will render their respective claims within six weeks from this date, as otherwise the same will be sold at Public Vendue; and all those indebted to the said Estate, will please to come forward with payment.
Werk & Rust, July 7. J. Molyneaux.

NOTICE - J. W. S. Jeune is no longer in the employ of
July 6. G. Angle.

To MERCHANTS, PLANTERS, &c. [heading]
THE Subscriber offers for freight or charter, the Schooner Flying-Fish, being a remarkable fast-sailing craft, and under the care of a qualified white captain, who, when collections, commissions, &c. are offered either in town or country, generally attends to them personally.
He also offers for sale - Trooleys, In-land Staves, Timber, Boards, and Wallaba Shingles; which he will supply those who may please to favour him with their custom, at a short notice and on moderate terms.
For particulars enquire at his Domicilium Citandi et Executandi, at the house occupied by J. Lyon, Esqr. South-Street, Bridge-Town; or a line directed to the care of P. Benjamin, Esqr will be duly attended to.
July 7. D. Fleischman.
NB. A set or two of books will be taken for posting, or any other writing attended to with dispatch.

                  OFFICE OF ORDNANCE,
                  Demerary, July 7, 1812.
CASH WANTED for Bills of Exchange, drawn on the Right Hon. Board of Ordnance, London, for £ 1,000 Sterling, at Thirty Days' sight, in sums as low as £ 50 Sterling each. Sealed Tenders for which, marked, "Tenders for Bills of Exchange," will be received by the Subscriber until Friday next, the 10th inst. when they will be opened in presence of His Excellency the Governor, and the highest offers (if approved) accepted.
Henry St. Hill,
Ordnance Store-Keeper.

SECRETARY's OFFICE, [heading]
 

W. D. Grant, in do. or a month, from June 18.
The Free Charlotte Scott, in do. . . . 20.
The Free Cuba Williams, in do. . . . 20.
Richard Jenkins, in 15 days or 6 weeks, . . . 20.
John Naegeli, in do. . . . 20.
The free William Bennett, in 14 days, . . . 22.
Mrs. H. Van Voorst, in do. or by the Brig Success 24.
Elizabeth Rouse Bentinck, in do. or a month . . . 27.
James Ogle, in 14 days, or by the Ship Friendship 28.
Mrs. Mary Farnum, in 14 days or 6 weeks . . . 29.
William M'Bean, in do. . . . 29.
Sally Edey Cumings, and one servant, in 14 days . . . 30. [Note change]
Francis Wingate, and one servant, in do. . . . 30.
Gabriel James, in 14 days or one month . . . 30.
G. M. Forbes, in do. . . . 30
The Hon. M. Lamaison, LL.D. with two servants, Quamina and Francis, in 14 days or by the Ship Spectator, from July 1.
Secretary's Office, Demerary, July 4, 1812.
Charles Wilday,
Sworn Clerk.

BY virtue of an order of the Hon. the Court of Criminal and Civil Justice of the United Colony of Demerary and Essequebo, dated June 27, 1812, are hereby summoned, all persons who have any claims on the nett proceeds of the Plantations Spring-Hall and Good-Intent, and of the Estate of H. Farley, deceased, in order to give in their said claims, on the first and following days of the Ordinary Session of the Hon. Court aforesaid, which will take place in the month of August next, when the Court will proceed to decide on said claims after which time no further claim will be admitted.
Court-House, this 7th of July, 1812.
By Command,
Alex. Tinne,
First Clerk to the Court of Justice.

PUBLIC VENDUES. [heading]

On Monday the 13th of July by Order of John Franklin, Esquire, at the Ship-Tavern, Middle-street, Bridge-Town - Four Empty Butts, 13 Puncheons, 50 Barrels of Mess Beef and 25 of Pork.
July 7. Robert Kingston.

On Monday, the 20th of July, by order of Mr. Staunton, on Bel Air estate: - Household furniture, horses, cattle, a chaise of very superior quality, some very valuable books, and several other articles.
June 27. Robert Kingston.
[Transcriber's note: see 18120721EDRG, where this vendue gets re-scheduled to the 4th of August]

On Monday, the 3d of August, by Order of the Hon. W. N. Firebrace and Mr. Jeffery, Deliberating Executors to the Will of Ann Harrison, deceased, on the premises, in Cumingsburg, occupied by the latter gentleman - Household Furniture; consisting of four-post bedsteads, musquito-curtains, feather-beds, mattresses, bolsters, pillows, counterpanes, coverlids, 2 wash-hand-stands, one bason and ewer, one deal dressing-table with an old glass, a sopha with movable posts to serve for a bed, a mahogany dining-table with D ends, a pair of mahogany card tables, twelve old painted chairs with cane bottoms, a glass lamp, a time-piece set in marble and ornamented, several old pictures, two mahogany knife-cases, one liquor-case, one old medicine-chest, a crabwood case with drawers; also four silver 1/4 pint goblets, one do. soup ladle, one do. pair sugar tongs, six do. table spoons, one old do. two punch strainers, four blue salt-cellars, with plated stands, one do. taper stand, one do. pair of snuffers, one do. pair of candlesticks, one do. old, two do. decanter stands, a tea set of China, and some old books.
On the same day and place, by order of Mr. Jeffery - from forty to fifty dozen of good quality Madeira wine, from fifteen to twenty dozen of Vin de Grave, a theodolite, protractor, box of compasses and rules, and case of instruments, by Jones, all in good preservation; with Adams's geometrical essays, in two volumes, corrected and enlarged by Jones, and a treatise on land surveying, by Nesbitt, in one volume; a double-barrelled gun, with excellent locks, gold touch-holes, &c. by Wheeler; a variety of creole cattle, amongst which are cows with calves, and cows in full milk; several serviceable horses, including a pair of crop greys, equally good in harness as under the saddle; a set of copper bolts, braces, and nails, answerable for completing a colony craft of from 40 to 50 tons, and what further may appear on the day of sale. The whole on a credit of three months.
July 7. Robert Kingston.

Our arrivals since Saturday, are the Schooner Joseph, Capt. Strickland, from Barbados; and the Mahaicony, Capt. Lock, from St. Vincent. By the former, we have received Papers to the 30th; and by the latter, to the 24th ultimo.

LOCALITIES. [heading]

The Carib Chieftain, mentioned in our last, departed for the interior, this morning; having attained, as far His Excellency the Governor thought proper, the object of his visit.

The Second Subscription-Ball, we find, is to take place on the 20th instant, at Marshall's Hotel.

The Schooner Catharine, which was lately dispatched, by the Government of this Colony, with provisions for the suffering inhabitants of St. Vincent; arrived there on the 21st ultimo, after the extraordinary passage of only fifty-two hours.

AMERICA. [heading]

Washington City, May 30. - It is now the general opinion, that the beginning [fold] next week, perhaps as early as Monday or Tuesday, a proposition for open direct war against Great Britain solely will be brought forward; and it appears to be confidently stated, [fold] Members of the Majority, that there will be as many as [fold] in favour of it. It is calculated the majority in the Senate will be small. Probably you will not hear much more about it, until we shall actually have declared war, as it appears to be the general sentiment of the majority that the discussion (if any shall be permitted) will be with closed doors, and that measures will be taken to prevent the discussion from going to the public.
Although it wa[fold]e general conversation, before the arrival of the Hornet, that[fold]f nothing satisfactory should be received from France, a declaration of war would also be made against her; yet, since th[fold]spatches from Mr. Barlow were received and communica[fold], the idea is given up. Mr. Randolph said, yesterday, [fold] the House, in most decided and express terms, "that if[fold]fter the late dispatches from Mr. Barlow evidencing the f[fold]ling policy of Bonaparte towards us, the abusive treatme[fold]nd contumely we have to this time experienced from [fold] and the demonstrative proof of the non-revocation of the Berlin and Milan Decrees - if, after all these, we go to war against England, it will indeed show, that our Government is under French influence; and history will record it, to ou[fold]sgrace, that we are the sycophants and parasites of Bonapart."
I see now no[fold]sible way of averting the dreadful calamity. Although no [fold]nal object can be in view, as respects either personal popu[fold]y or the public interest, yet such is the obstinate pride [fold]opinion, their desperation as to consistency, that they thus[fold]ty cannot go back. Although the consequences of this rash measure will undoubtedly be very distressing for a season, it cannot, I think, be otherwise than that the people will apply the corrective as soon as they shall have an opportunity.

New York, June 1. - From Congress we hear of nothing important, and see nothing of general interest in their proceedings. From general impressions, however, we are led to expect the authorising of letters of marque and reprisals in a very few days. On Friday, after a long speech from Mr. Randolph in the House of Representatives, he submitted a resolution, "That, under present circumstances, it is inexpedient to resort to a war with Great Britain;" the consideration of which was refused, by a vote of 62 against 37 in the affirmative.

The truth is, (say the New York papers), that the embargo is meant to be the precursor of war; and that, so soon as the physical resources of the nation can be arranged, war will ensue, unless the deportment of the British Government evinces a very different temper from that which has hitherto prevailed. - To enter on a vindication of this measure, under this aspect, would evince a contempt for the understanding of the public; and not to have resorted to it, under the troubled sky, would have justly exposed our rulers to the invectives of those very men who are now most clamorous against it, but who can only give a colour to their principles by slanders against others, whose lives have been made up of a succession of public virtues. There is not a fairer [illegible] on the roll of fame, or among the records of patriotism, than Madison: and he is the man who proposed the measure.
Let, then, the habitual opponents of Government realise - the lesson, though so late acquired, may be of signal use to them - let them realise, that what it professes it will practise. Let them know, that the will of the majority, when legally expressed, is the law of the land; that just Governments were instituted for the good of communities; and that, under a Republican Government, the public good can only be decided by the voice of a majority; and that this voice must be obeyed, or Government is annihilated. - Whatever, then, may be yielded to remonstrance or conciliation, nothing should be yielded to an attitude of defiance - to a disorganizing spirit - to attempts to array separate and local, against general interest.
It must not be forgotten, moreover, that however in municipal affairs we may prosper, notwithstanding our divisions, and indeed profit by the sharp rivalries of the different portions of our people, we must, in our measures with a foreign foe act with the unbroken strength of a nation.
In the capture of a French cruiser of the ship Congress, of this port, bound to London, owned by Major Biays, and laden with an American cargo, we find the most incontestible evidence of the practicable reenforcement of the French Edicts violatory of neutral commerce. The capture of this ship alone affords sufficient grounds for the re-enaction of the Non-importation Act against France, or for its repeal in relation to Great Britain. For our own part, we confess that the restrictions which Congress have thought proper to impose upon our commerce, since the fatal abandonment of the old embargo, have not met our views of what we deemed the true policy of this nation. We have considered them as weak, inefficient, and not calculated to maintain either the character or rightful interests of the nation. - They could be justified only as protests against the unlawful maritime principles set up by both belligerents: and as protests, they have cost infinitely too great a price, if we duly estimate the injuries of which they have been productive to ourselves. War with Britain will be perfectly compatible with the act of placing the two belligerents on a footing of equality in relation to commerce. We would have war with England; and we would arm our merchantmen to defend themselves against all unlawful proceedings towards them on the part of any European cruiser or privateer whatever. We want an entangling alliance with no foreign power.
Of the loan authorised by a late Act of Congress for borrowing 11,000,000 of dollars, between five and six hundred dollars have been taken, it is said, in this district. Two of the banks of this town subscribed 100,000 dollars each.

JAMAICA. [heading]

                  Kingston, Nov. 4, 1812.
The ship Thetis, Alexander M'Lue, Master, belonging to Messrs. James Hunter & Co. Greenock, sailed from London on or about the 14th of July, for St. Pierre, Martinique, where she arrived on the 24th of August, and discharged the goods she had on-board, which were all for that port. The Captain's instructions were to proceed, in ballast, in the event of his not meeting with a cargo at Martinique, to Port Morant, in this island, and there wait the instructions of Messrs. Bogles & Co. in regard to the port where he should proceed to, for the purpose of taking in a cargo for some port in Great Britain. - However, some mercantile house in St. Pierre applied to him to take on board the articles specified in the clearances thence to this port, the freight of which would amount to about 1,000 dollars; which he consented to do, after consulting Mr. Morrison, the agent for the owners there, and receiving the positive assurances of Collector Grant, of that port, that there was no risk whatever in doing it, as the whole of the articles could be legally imported in Kingston, Jamaica, from thence; and, under that conviction, he did grant a permit to take them on board, and afterwards signed all the clearances and other documents which he deemed necessary.
The Thetis sailed from St. Pierre on the 2d, and arrived here on the 8th ult. The morning after, one of the Land-waiters and Searchers of this port went on-board and seized her, on the ground of having contraband goods on-board, although there were regular clearances for every article, which would have been produced at the Custom-house on entering, had all such papers been taken away by the Land-waiter.
It is evident, from this plain statement of facts, that no Land was intended by the owners of the ship, and that the Master of the Thetis was led into the error, if there was one, by the Collector of the Customs at St. Pierre, Martinique; and certainly they should not suffer from the ignorance or misconduct of an officer of the Customs. However, it can hardly be supposed that a gentleman of Mr. Grant's known abilities, which have placed him at the Custom in all the Windward Islands, with a controul over the same, could make so egregious a mistake as the one under which the shipping interests of Great Britain may suffer most severely, if not protected by the decision of the court before which this cause is brought, from the dangerous example it holds.
Proceedings have been instituted in the Admiralty Court. The cause was heard on Tuesday last, in Spanish-Town; when His Honour the Judge ordered a part of the cargo, consisting of some pickled fish, to be restored, and the decision respecting the remainder and the vessel was reserved, we understand until this day.
Nov. 4, 1811. - His Honour the Judge of the Admiralty-Court has been pleased to pass sentence of condemnation on the ship Thetis and the remainder of her cargo.
The cargo of the Thetis was, 500 firkins and 200 half-firkins of butter, 100 cases of claret, 8 trunks of dry-goods, with some pickled fish.
The grounds of condemnation are, that Martinique not being a free port, British goods could not be legally exported thence to Jamaica.

TRINIDAD. [heading]

Port of Spain, May 16, 1812. - It having been decided, in the Court of Vice-Admiralty at Jamaica, in the case of the ship Thetis, that British goods cannot be legally brought from the port of St. Pierre, Martinique, to Jamaica, because St. Pierre is not included in the Free-port Act: and the port of Bridge-Town, Barbados, being also omitted in the Act - your opinion is requested, whether goods, legally imported into the island of Barbados, can be exported thence in British shipping to this island?
John Hudson,
George Knox, Esq. Attor-Gen.      Comptroller
and King's Advocate.

ANSWER. [heading]

No decision of any Vice-Admiralty Court can be considered conclusive authority. - And I therefore enter into the examination of this question, without regard to the sentence of condemnation in the case of the ship Thetis.
The full and anxious consideration which i have bestowed on this point, has been suitable to its novelty and importance.
The legality of such trade has never hitherto been doubted, and, if it were found to be prohibited by law, all intercourse would necessarily cease between the island of Barbados and her sister-colonies, until new provisions could be made by the British legislature on the subject.
But I am of opinion, that the sentence, as reported to have been given in the case of the Thetis, is contrary to law.
That trade which is not prohibited or restricted by any statute, is open and free.
The 9th clause of 45 Geo. III. chap. 57, (or the consolidated Free-Port Act), enacts "that from and after the passing of that Act, it shall be lawful to export, in any British ship or vessel owned and navigated according to law from any of the islands enumerated in that Act, to any British colony or plantation in America or the West Indies, any goods or commodities whatever of the manufacture of Europe; and also any goods, ware, and merchandise, which may have been legally imported into any of the said islands, from any of the colonies or plantations in America, or any country of the continent of America, belonging to or under the dominion of any foreign European sovereign or state."
From this clause it seems to be inferred, that such exportation is unlawful, from any island not enumerated in such Act.
But such inference, even if not afterwards explained away is not sufficient: the prohibition must be direct and positive. The prosecution must be founded on the breach of some statute - and I can find none which restricts such exportations from Barbados or Martinique.
The subject and tenor of all the Acts relative to Navigation and Customs, are the encouragement of British shipping, and the protection of British revenue and manufacture; and the interpretation of any of these Acts must be materially influenced by these considerations.
But what is called the Navigation Act, that principally regulates the plantation trade, no goods can be imported into or exported out of any of the British plantations but in British shipping; and the produce of such plantations must be carried either to some other plantation, or to
 

to restore the intercourse in question, of which the Free Ports, and the Free Ports alone, had been deprived.
I am therefore of opinion, that goods legally imported into the island of Barbados may be exported thence in British shipping to this island.
George Knox,
Attor.-Gen. and King's Advocate.

The Editor of the Trinidad Journal is happy in having it in his power to lay before the Public the preceding (arising from the decision of the Court of Vice-Admiralty of Jamaica, in the case of the Thetis as inserted above), as also the opinion of the Attorney-General and King's Advocate thereon.
By this opinion, which is consonant to the common practice in all the colonies hitherto, the Custom-house of this island will be guided. The transporting in English bottoms, of goods legally imported from one British Colony to another (and more especially of British manufactured goods), we conceive to be completely in the spirit of the celebrated Navigation Act, and its amendments, as it also has been the immemorial practice among the Windward and Leeward Islands. This was the general rule, and the standing one. Except the solitary article of hats, prohibited, by an old Act, to be exported from one Colony or Plantation to another (which was made merely to prevent the importation of those made in North America, to the detriment of the Hatter, in Great Britain), the first restriction to this mutual intercourse of the Colonies was made by the more early Free Port Acts, from some imaginary, suppositious caution, it was by those Acts provided, that the free ports should not export, as before, goods legally imported.
The inconveniency and absurdity of such a provision was soon and strongly felt; - the being a free port, became an oppression instead of a relief. By the last consolidated free port Act, therefore, it was again provided that the free ports should export to the other Colonies goods lawfully imported, that is, to do as they had done before, and as the ports not free had always done.
Thus the late exception to the general rule was withdrawn. By what construction, then, the removal of this restriction from them could be made to fasten it upon the Island or Colonies not having free ports, we are at a loss to conceive. When the decision in the case of the Thetis come for revision before the Superior Tribunals in England, we have therefore no doubt but it will be reversed.

GEORGE-TOWN: [centered]
Printed & published every Tuesday & Saturday Afternoon,
By Edward James Henery.
 

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