National Intelligencer. (Washington City [D.C.]), Vol. 14, No. 2064, Ed. 1 Thursday, December 16, 1813 Page: 2 of 4
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J
SOUTH CAROLINA?
Message of the Governor to the Le-
gislature.
Felt.ow Citizen*,
To have been able to congratulate
you on i h° prospect of returning peace,
•ami a frank and honor able aceumuioda-
tion of all differences with our enemy,
■while it would have been unaffectedly
gratify nfe to my own feelings, would
hive been the source, I am pursu.dcd,
of not less sati faction to you, and to our
country generally Too humane to behold
the effusion of blood with European in
difference, or to consider the materials
of which fleets,and armies are compos-
ed as mere instruments for the grat fi
cation of the angry passions or selfish
policy of those who direct th m, we do
not forgi-t that, however unavoid ble
the contest, the fall of every patriot
clothes s'-'me family in mourning : Too
just to off nd or violate the rights of
Others, we desire only to resist en
croachmcnts, and to repel the violation
of our own rights: Too wise and re-
Re <■ in g. to be dazzled by the glare of
military trophies, or seduced by the
false glory oF conquest the only object
of opr ambition is the quiet enjoyment
■of the blessings lavished upon us by a
bountiful Providence, and the undis-
turbed prosecution of our Fir and law-
ful inter ourse with the world True
N to this policy, which they have uniform-
" Ty professed, and honestly acted upon,
’those to whom has been committed the
conduct of our foreign relations, have
not ceased, since the commencement of
hostilities, to manifl st an anxiety for
the restoration of peace, commensurate
with the r luct. nee with which they
found themselves compelled to resort
to arms. In its >Keal for the promotion
of an event so interesting to humanity^
and so obviously demanded by the true
policy of boti b< lligercnts, Government
has not scrupled to adopt measures for
negotiation, which certainly might
have been rejected, without any just
imputation of either fastidiousness or
unreasonable pride. Unhappily, how-
ever, the moderation and concilatory
disposition manifested on our part,
have not only failed in meeting a cor-
respondent disposition on the part of
the enemy, but there is too much rea-
son to believe that such a disposition
is oniy to be mduced by the firm and
■vigorous application of our means pf
annoyance -nd distress To institute
measures adapt ;d to this end, and to di-
rect the energies of the nation in such
nv-nnerassh 11 produce upon the e e-
my the strongest impression, belongs
exclusively to the General Government
The defensive preparations, however,
which shall be considered necessary to
the b- tter security ol eur own coast, as
they c. nnot fail to be deeply iwtcresting
to us. so they wiil doubtless obtain from
you all the attention they deserve
Everything, it is believed, which de-
pended upon the Executive hub been
done. Purchases ot arms and the mu
unions of war, to the,'full extent of the
appropriations subject to the control of
this Department, have been cither ac-
tually made, or contracted for: the
General St ff has been orgeniz d: the
militia have been so classed that should
occ si on require, any number of regi
mentscan be gotten into the field with-
out delay ; and such military positions
»s are deemed requisite have been di
j’ccted to be occupitd. The extension,
<ar contraction, of these plans of defence
will, of course, be determined by the
Appropriations which you shall think
proper to make.
A report of the expenditures for. mi-
litary purposes, during the present
year, will in a few days be laid before
you.
In inviting your attention to our mi
iitury system, the subject has been so
often under your review, it is scarcely
necessary to remind you of its defects.
A general revision of it is strongly re-
commended In doing this tiie neces-
sity of rendering more frequent, at the
discretion of the commanding officers,
musters by, companies, battalions, re-
giments, and brigades, and also of the
encampment of the officers of each
brigade* will not fail to present itself. I
suggest to you also the policy of cn-
cre-sfog the number'd our divisions.
While these are, at present, so few
that, in the (.vent of our troops aV.ting
in conjunction with those either of the
United States or a s;ster State, our ge-
neral officers must almost invariably be
outranked ; they arc so large and em-
brace such an extent of territory, that
the command of them is not only in-
convenient hut burthensorne.
It is not in the military system only
that you wiil find room for improve-
ment. Our penal coue calls loudly for
correction. To adapt laws to the
character of the people for whom they
v.re intended fo the first maxim of th;
Legislator. The political institutions
.derived from our ancestors, have been
long since liberalized and improved :
Let us not continue to outrage the
feelings of our countrymen by retain-
ing the barbarous and unequal system
«©f punishment, derived from the s me
isource That punishment should be pro-
portioned to crime, is the language
not only cf humanity but justice. In a
code, however, where the vitimum su-
filicium is allotted to not less than 165
offences, the id . a of observing this pro-
portion is idle. L/t me earnestly r.u-
vemmend to you then, to substitute for
the punishment of death, imprisonment
and hard labor. Penitentiaries have
been established in so many of our sis
ter states, that the superior efficacy of
this species of punishment is nojonger
theoretical, hut demonstrated by ex-
perience. It is urged therefore with
the move confidence upon your adop-
tion.
In examining our judiciary system, it
offers so much to be admired, that per-
haps, it may be considered almost invi-
dious to search for defects. One im-
provement, however, so forcibly sug-
gested itself that I cannot forbear pre-
senting it your consideration : It is the
establishment of a high ctmrt of error
and appeal, to be composed of Judges
separate and distinct from the circuit
court Judges, and to exercise appellate
jurisdiction only. The delicacy felt in
revising the decisions, the reciprocal
bias towards the opinions of each dther,
inseparable from the strongest minds,
where the original and appellate juris-
dictions are committed to the same per-
sons, though a weighty, is by no means
the only objection to the existing sys-
tem. i^.t present, the judges assem-
ble for the purpose of hearing appeals,
at the close of every circuit. With
minds harrassed and worn out by pre-
vious exertion, it is obviously not only
impossible, however distinguished their
ability, that they should be capable of
that full, deliberate and patient investi-
gation due to the important points usu-
ally submitted to them ; but the annual
accumulation of cases on the appeal
docket demonstrates, that, with all their
diligence, more time is requisite for the
business of the appeal than can be spar-
ed from the circuit courts. The insti-
tution of the court suggested, would
be the most effectual mean of securing
that uniformity-, impartiality and cor-
rectness ol decision so desirable in our
judicial proceedings.
Other subjects of communication, o-
mitted on the present occasion, from
the indisposition under which I write,
will, in a few days, be laid before you.
I supplicate lor you the favor of our
God, and beseech him, in his infinite
goodness, to render you the instruments
oi usefulness, of honor and happiness to
our country.
JOS: ALSTON.
Columbia, Nov. 23, 1813.
NATURALIZATION.
mow THE STANDARD OF UNION.
The present session of Congress
bids fair to be a truly interesting one.
We ardently trust that it will be cha-
racterised by decision and energy:
questions of the first magnitude to the
nation and to mankind are to he dis-
cussed and settled. The public await
the result with eager anxiety; sensible
how much our future prosperity de-
pends upon the measures which are to
be pursued.
Among the prominent questions
which will be presented for considera-
tion, are the right of ez/iatriation and
the consequent validity of naturaliza-
tion ; the injustice and total want of
right to take scan en of any description
whatsoever, un SB, perhaps, enemies’
su' j-.cts, from on ooard neutral vessels
on the high seas ; and the various
pouts of controversy, which have so
long agitated the world, concerning
the freedom of maritime commerce. To
each of these respective subjects we
shall endeavor to afford an impartial &
accurate examination.
Upon the great question of expatri-
ation, it is distinctly to be maintained,
in the first place, that it is a right
founded in the uni versal laws of nature.
Secondly, that it is a fundamental prin-
ciple of our own constitution; and
thir ly, that it is a part of the law of
England itself.
In support of this last position, and
to snow how completely Great Britain
stands committed, unless she will deny
the justice of her own laws, before we
proceed to a more methodical discus-
sion, we shall introduce a few authori-
ties. By the voice of her own statutes;
by tbe power of her own example; by
the force of her own established prac-
tice, let her servile adherents in Ame-
rica stand, or rather fall, condemned.
“ A denizen is an alien burn, but who has
obtained, ex donations regit, letters patent to
make him an English subject: a high and in-
communicable branch of the royal prerogative.
Adeniz n is a kind of middle state, between
an alien and a natural-born subject, and par.
tak s of both of them”
“ iNa.uralizaUim cannot be performed blit
by act ot P<u Lament: for by this an alien is
put in exactly the same jstate as if lie had been
born in the king’s legiance ; except only that
he is incapaDle, as we.ias a denizen, of being
a member ot the privy council, or parliament,
holding odices, grants, &C.”
“These are the principal distinctions between
aliens, denizens and natives: distinctions,
which it hath been frequently endeavored since
die commencement ot this century to lay al-
most totally aside, by one general l aluraliza-
:ion act for all foreign prolestants. An attempt
which was once carried into execution by the
•ta ute 7 Ann. c. 5, but ihis, after three years
experience of it, was repealed by the statute
10 Ann c. 5, except one clulise, which was
just now mention, d, for naturalizing-the chil-
dren of English parents born abroad. Howe-
ver, every foreign sea,man, who in the time of
war serves two years' on board an English ship
by virtue of the king’s proclamation, is ipso
facto naiurafiz d under the like restriction as
in siatu'e 12 W. Jit. c. 2. and ail foreign protes-
tunis, and.Jews, upon their residing seven
years in any of the A merican colonies, without
being absent above two months at a time, and
all foreign prou.-alauls serving two years in a
military capacity there, or being three years
employed In the whale fishery, without after-
wards absenting themselves Iroru the king’s
dominions for more than one year, and none .>1
them falling within the incapacities declared
by statute 4, Geo. 11, c. 21, shall be (upon ta-
king the. oaths of allegiance and abjuration, or
in some cases, an affirmation to the surne ef-
fect) naturalized to all intents axd purposes, as
if they had been born in this kingdom ”
Bh.cksiovAs Com.
“Alien born may become a subject of Eng-
land two ways, by denization and by niitUiali-
z.vtion :* denization is by the king’s letters
patent; it receives him into the society as a
new man, and makes him capable to purchase
and to transmit lands by descent, but not in-
heritable to any other relation ; for though tin
king by his charter may admit him into the so-
ciety, yet he cannot alter the law, which' defil-
ed him to inherit any relations ; but if he be
natuvalized by act of Parliament, then he in all
things inherits iike a natural-born subject, be-
cause in an act of Parliament every man’s con-
sent is included.”—Bacon’s Abr.
“ * 1 Inst. 8. a. 129, a. Palm 13. Godfrey and
Dixon. Cro. Jac. 539. f His children Lorn af
ter such denization shall inherit, but not those
born before, but all the children of one natu-
ralized shall inherit, as well those born before
as after. Co. Lit. S. Style’s Hep. 139.”
THOUGHTS ON AN EMBARGO.
Far be it from us to interfere with
the councils of the representatives of
the nation ; to insinu ate a doubt, or im-
ply a distrust, that Congress will be
negligent of duty. There is a point of
prtyHkent importance, one upon
stideess of our arms and the
consequent prosperity of the nation es-
sentially depends. It is a subject upon
which we feel ourselves expressly
bound to declare our sentiments. Last
season the hopes of every friend of our
country were raised high ; but alas !
they were only raised to be depressed
by mortification, by apprehension, and
by disappointment. The exportation
of provisions to the enemy, is impolitic,
dishonorab’-e, and attended with the
most calamitous consequences. It
nourishes our haughty and relentless
foe ; strengthens his arm ; encourages
his obstinacy, and multiplies his means,
his power and his incentives to aggres-
sion. It is feeding and supporting the
maurauders of the ocean, the infamous,
detested violatefs of female purity at
Hampton. It is enabling the hostile
squadrons of the enemy to capture our
vessels, to hover around and commit
depredations on our own coasts. 1 It is
increasing the price of'the most abso-
lute necessaries of life, accumulating
the privations of the war, and augment-
ing the distresses of the poor. It is a
tax upon the very bread which we eat ;
an article emphatically termed the sup-
port and “ staff of life.” It is impos-
ing a grievous assessment upon the peo-
ple, a debt which i§ the language of the
late Mr. Barlow, they are compelled to
pay, or else, to pay the final debt of na-
ture. It is increasing the expences of
the war by increasing the prices of the
most essential articles. To gratify the
cupidity of a few speculating men, an
enormous and permanent burthen is en
tailed upon the public. It is cruelty to
the soldier who is fighting his country’s
battles at a distance from his family and
hpme, by rendering provisions scarce
and a supply difficult Is not this one
of the great impediments to which
the failure of the Canadian expedition
is attributed ? View also, the recent
distresses of our South Western Army!
While the Lisbon market was glutted,
and Halifax filled with American agents,
unworthy to bear the honorable name,
our own citizens were suffering at
home. We hesitate not to declare our
firm conviction,, that an Embargo,
guarded by adequate provisions, and
vigorously executed, is absolutely ne-
cessary to the successful prosecution of
the war. We have reason to believe,
that every good patriot desires, and
that the people will support the mea-
sure, Standurd of Union.
From the Aurora.
Sir—If my proposition published in
this city on the 8th October last, has
excited the attention of any to the great
object of establishing a line between
Philadelphia and New York, for the
transportation of heavy produce, mer-
chandize and passengers, on carriages
to be drawn by steam engines, on rail-
ways or, smooth roads, it may be proper
t_0 submit for their consideration differ-
ent plans. Mr. John Ellicott, (of John)
has suggested that paths be made for
the wheels of carriages to run on, of
hard, substances, such as turnpike roads
are made of, with a rail between them
set on posts to guide the tongue of the
carriage, so that they might travel by
night as well as day. Others have
proposed lines of logs flattened at top,
with a three-inch plank pinned on them
to bear the carriage and guide the
wheels; these strips of planks to be re-
newed. as often as necessary, and while
the logs would last and be sufficient to
hold the pins, the expense of rt pairs
would be trifling.
Mr. Samuel Morey, of New Hamp-
shire, proposes that two railways be laid
as near each other as they will admit to
let the carriages pas^ in opposite direc
tions a nd to cover the whole with a
alight shed to protect the carriages, the
ways, goods and passengers from injury
of the weather. lie proposes also
several other improvements worthy of
notice.
It is well worthy of consideration,
whether either of those plans will not
be attended with much less expencs
than turnpike roads or canals, including
the expeiice of making and keeping
ihern in repair, and considering that the*
wavs would not be so subject to be
interrupted by frost.
But when we compare the great ex-
pence of repairing turnpike roads,
which are travelled with narrow wheel-
ed carriages with heavy burdens, add-
ed to the ex pence of the great wear
of the carriages, horses and harness, to
that, of wooden rail ways, and the car-
riages running on them, the result will
be greatly in favor of the latter. And
the difference will more than make
and support a covered way, even
should it require to be renewed every
ten years
But again when we consider that on
level rail ways, a carriage with a steam
engine of the power of five horses with
two men to attend it, will haul after it
perhaps twelve others loaded with two
tons each, 24 tons, at the rate of eighty
miles in 24 hours, as much as 60 horses
and 12 drivers can take 25 miles on a
turnpike, we are led to suppose that
no man would be heard opposing the
introduction of so great an improver
ment, and that all would be willing to
unite and contribute towards making
the experiments on a scale sufficient
to ascertain whether it be so or not, for
should it amount but to a fourth part of
what has been stated, the profits would
be immense.
If the rail ways cannot be brought to
a level, yet they may be brought within
two degrees, half the deviation allowed
by law on turnpikes, and which would
do very well, Sc in cases of great ascents
the steam carriage might be detached &
ascend by itseil and take a stand, and
haul the others up by a rope, and a cy-
linder or windlass. In other cases the
loaded carriages might be let fall astern
by veering ropes to them to slacken
their motion, until the steam carriage
had reached decending ground, and
then the rope might be wound up a-
again.
I renew my proposition, viz. as soon
as either of these plans shall be adopt-
ed, after having made the necessary ex-
periments to prove the principles and
having obtained the legislative protec-
tion and patronage, I am willing to take
of the stock, five hundred dollars per
mile, to the distance of fifty or sixty
miles, payable in steam carriages
or steam engines, invented by me for
the purpose forty years ago, and will
warrant them to answer the purpose
t« the satisfaction of the stockholders,
and even to make steam stages to run
12 or 15 miles per hour, or take back
the engines at my own expence if re-
quired.
OLIVER EVANS.
Why are we not af war with Spain ?
Our readers may, perhaps, recollect
that in an article under this title we
sometime since urged the justice and
policy of commencing hostilities against
the countries in possession of the Span-
ish Royalists. We then enumerated
the acknowledged injuries of Spain of a
remote date, as well as her more recent
aggressions. We stated, that the dilapi-
dated and distracted condition of that
monarchy offered us an opportunity,
which might never again occur, of a-
venging those injuries and aggressions.
We observed, that the Republican Pa-
triots of Spanish America mignt, in
such an event, be counted upon as our
friends and allies. To these remarks we
added, that the recommendation of the
President to occupy Florida having been
rejected by the Senate, the inhabitants
of our southwestern frontier.vvere reap-
ing the bitter fruits of the unhappy
spirit of indiscriminate opposition to the
Executive which had lately crept into
that branch of the Legislature.
Not oniy is this measure rendered
expedient in order to crush effectually
the hostile spirit of the savage tribes
in that quarter, which has been unques-
tionably sustained from Pensacola-—but
sound policy dictates that we should an-
ticipate Britain in occupying that mili-
tary post in order to prevent a servile
war. Such a war, they will probably, at
last, attempt to kindle ; smd no other
position that they could take, would af-
ford them so great facilities for this
purpose. Besides this, it is one of the
keys of Louisiana, & the only- good har-
bor upon the gulph of Mexico. Let the
enemy once get possession, fit strength-
en its fortification, it will cost us an in-
calculable expense of blood and treasure
to drive him out, besides the other
disastrious consequences which may
ensue. We rely with confidence upon
the wisdom of the National Legislature
to adopt such measures, at their pre-
sent session, as will avert these conse-
quences, and render our southern fron-
tier impregnable against a foe who is re-
strained by no laws, human or divine,
from gratifying his enmity against us..
Nat. Adv.
THURSDAY, DECEMBER 16.
NOTICE.
THIS is to £ive notice, that the subscriber,
of Washington cry, hath obtained from the
Orphans’ Court of Washington comity, in the
district of Columbia, letters of administration
on die personal estate of JO ;E1’H 0 CAIl-
SONS, late of said city, deceased. All per-
ions Laving claims against the said deceased,
are hereby warned to exhibit the same, with
the vouchers thereof, to the subscriber, on or
before the 1st day of May next ; they may
otherwise by law be excluded from all benefit
of said estate- Given under my hand, this 28th
October, A. D. 1813
ELIZABETH PARSONS,
Administratrix.
THE ESSEX FRIGATE.
Copies of letters from Capt. Da vid
Fortes, commanding the U. States
Frigate Essex, to the Secretary of
the Navy, dated
United States’ frigate Essex,
Pacific Ocean, July 2, 1813.
SIR—I have the honor to inform you,
that on the 29th of April, in the latitude
ol 40, N. long. 91 15 W. about twenty
miles to the northward of the island of
Albemarle, one of the GaIlapago3 in the
Pacific Ocean, I captured the British
ship Montezuma ; two others being in
sight, close together, distant from us
about seven miles, which we were in-
formed were the British letters of
marque ships Policy and Georgians ; the
first mounting ten guns, 6 and 9-pound-
ers; the other six IS pounders, four
swivels, and six long blunderbusses,
mounted on swivels. The wind befog
light and variable, and confiding greatly
in the bravery and er.terprize of my
officers and men, and apprehensive of
their escape, from the prevalence of
fogs in that climatG, I directed the boats
ol this ship to be armed and manned,
and divided into two divisions, placing
the first under the command of Lt.
Downes, 1st Lt. in a whale boat, accom-
panied by midshipman Farrugutt. The
officers in command of boats under Lt.
Downes, were, Lt. S. D. M’Knight, in
the 3d cutter, accompanied by Midship-
man W H. Odenheiiner, Sailing Master
John P. Cowell, in the jolly boat, ac-
companied by Midshipman II. W. Og-
den, and Midshipman George Isaacs, in
the 2d cutter. The second divisor,
under the command of Lt. Wilmer, 2d
Lt. in the pinnace, accompanied by
Midshipman Henry Gray, and Master’s
Mate James Terry ; Lt. Wilson and Mr.
Shaw, Purser, in the 1st cutter; and Lt»
Gamble, of foe marines, in the gig.
Suitable signals were established, and
each boat had her particular station
pointed out lor the attack, and every
other previous arrangementwas made to
prevent confusion. The boats, 7 in num-
bci, rowed off in admirable o-ruer. Guns?
were fired from the enemy* to terrify
them: they row d up folder the muzzits
of the gunjs and took tlieir stations for at«*
t eking the first ship, and no sooner
Was the American flag displayed, by
Lt. Downes, as the signal for boarding,
and the intention was discovered by the
enemy, than the colors were struck,
without a shot being fired ; so much
Were they daunted by the intrepidity of
our brave officers and men. They then
left a crew on board foe prize and took
their stations for attacking the other
vessel, when her flag was also struck,
on the first call to surrender. Thus
were two fine British ships, each pierc~
cd for twenty guns, worth near half a
million of dollars, mounting between
them 16 guns, ana manned with 55
men, well supplied with ammunition
and small srrns, surrenaered, without
the slightest resistance, to seven small
op=n boats, with fifty men, armed only
with muskets, pistols, boarding axes and
cutlasses l Be assured, sir, that Bri-
tons have either learned to respect the
courage of Americans, or they are not
so courageous themselves as they would
wish us to believe.
I have the honor to be, with gJteat
respect, your obedient servant,
D. PORTER. 4
The Secretary of the Navy,
Washington.
United States Frigate Essex, at Sea,
Pacifis Ocean, July 2nd, 1813.
SIR—On the 23d March last, I sail-
ed from shaping my course to
the northward, and on the 26th of the
sahie.'lhohth fell in with the Peruvian
Corsair ship, Nereyda, mounting 15
guns; she had, a few days before, cap-
tured two American whale ships, the
crews of which (amounting in number
to 24 men) were then detained prison-
ers on board her; and they could assign
ho other motive for the capture, than
that they were the allies of Great Bri?
tain, and as such, should capture all
American vessels they could fall in
with; therefore, to prevent in future
such vexatious proceedings, I threw ail
her armament into the sea, liberated
the Americans, and dismissed the Nu^.
reyda.
I then proceeded with all possible
dispatch for Lima, to intercept one of
the detained vessels, which had parted
with the Nereyda only three days be-
fore, and I was so fortunate as to arrive
there and re-capture her on the 5th
April, at the moment she was entering
the port. This vessel (the ship.Bat'
clay, Captain Gideon Randall ol Ne\V-
Bedford,) I took under my protection,
and have had her with me ever since.
from Lima I proceeded for the Gal-
lapagos Island, where I captured the
following British ships, via
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National Intelligencer. (Washington City [D.C.]), Vol. 14, No. 2064, Ed. 1 Thursday, December 16, 1813, newspaper, December 16, 1813; Washington, District of Columbia. (https://texashistory.unt.edu/ark:/67531/metapth996044/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .