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v ..javutoPtahU Nor can we feel any diffi
culty in iimpoiim; the pain of death on
otfcnderf for a piracy on perianal libertj,fn ,,
we imposs it ja all .case of piracy on- proptr,
and when we consider that it is the aun
jslirriontimposed by 41 nations, ia t very -ae of
ptrucj, This brings me to the second sec
tion of the bill, which justifies the repelling
', force by force, and gives apremiumfordestroj
ing the piratei whom all waters denounce ai
out-laws and enemies of thd' human race,,
and hold: it lawful to destroy, Sir Edsvard
Coke 3 Inst. 113 sa'ys:a pirate, to usu his
own words, it". Matin humani Generis," which
U an enemy to the human racei Mem. C
I, s. 4, Co. Lit 12.5. " tbaran outlaw ic
v loh is said to have Caput Lupmum, that ho
might be knocked on the head like a wolf by
any o;u that should meet him, and Judge
. 74.:BIaekstone tells us .in tuore ;auo-
dern times that a pirate has renounced all
the benefit of society and government, aad
has reduced himself afresh to the savage stale
"! of nature t by declaring war against' all uian-r
i, kind, all mankind mual declare war against
' him ; so that evdry community hath aright;
by self defence, to indict that punishment
upon him, which every individual would in a
state of natuve have b-crt otherwise -entitled.'
, to'do, for any invasion. of hii person or pro
perty. - By the law of nations Vat 137
169 J " The right of punishing, which in a
state of nature bejonged VP each individual, is
founded in the right of safety ,1 Every man .
has therefore a rignt to preserve hiniielf..
from injury, and by force to providc far his
on security, against those who unjustly
attack him. Nor ure we left to the elementa
ry writers alone to support this doctrine."
The very point has been judicially deter
mined in the t'ost. C. L., 154,1 of Alex.
Broidfoot, who was indicted for the murder
of Cornelius Calahan, and acquitted by judjje
Foster' direction to the jury. The. case was
this Captain llanway had a press warrant,
with this direction inserted in the body of it-
" You are not to intrust any person with the
execution of thia-warrant but a commisMon
ed officer and to insert his name and oilice
in the deputation on the other side here
of" He endorsed .Id j hereby deput u
A. iS." t!f 'it. of the Mortar sloop to im
press, kc." On the 25th of April, 1713,
Capt. 1 1 an way bctne; at anchor, in Kingroad, .
at Bristol, 'ordered the ship' boat, down the
channel, to press as they should Bee an op
portunity ; thelieut. staid on b'ard witji the
captain. In the evening the boat corae up
wrththe Bremen Factor, iu that part ot Ine
shannel, in the county of Bristol, Bonn of
the crewwent on board in order to press men,
who being informed that one o? two of Xbi
Bremen's intn were concealed .in the Uwi',
Cihlian with' jthree others went thither in ,
search of them, wiie'reupon Broadfoot, one
of (he Bremen's men (who had provided a
blunderbuss for defence against the press
ang) called out, and asked them what they
came for; he wan answered by it)me of thtt
press gunjc, we come fr you and your com
rades." Whereupon he cried out, keep
back, I Have a blunderbuss loaded wiihswa:!
hot." Upon this lbs other stopped, but did
not retire. He then cried nut, where is your
lieutenant and being answered; he is not'
far o f," immediately fired among them : by
this shot Calahan was killed, and one or twa
of the press gang mounded And in this case,
as you perceive, Broadfbot was acquitted by
Xhe direction of the, jude. Tbert if an En
glishman may kill an Englishman in the at
tempt lo impress him, because the authority
was incorrectly executed, can we feel a doubt
that rm American may kill an Englishman
when by no possibility there can be any color
of authority, and that too without the juris
diction and limits or the British empire, when
a tiling under the protection of the American
flag 1 can feet no doubt. .
And as to giving a bounty for killing this
Auiii hunani tnms, wearing the caput iupi.
imm, I trust there can be no objection, when
we consider the practice of other Mates and
mtions, particularly Britain herself who by
the autute of George li I Ueo. '2, t. 24)
fcives a bounty to encourage the destruction
f pirates. The statute is in these word!
" That to encouragethe defence ogaint pi
rates the commanders or seamen voumtcJ,
and the widows of such seamen as are stain
in any pira'ical engagement, shall be tuli
tied to a bounty, to be divided amnng them,
nit exceeding the value af one fiftieth fart
of the cargi on board." Can we then with
the example of Britain btfore our eyes Riving
b-iuntt for the protection of prptrtj, feel any
reluctance tnjriifng a Ixintj for the pmtec
lion of Wtriyf Can it be possible that liri.
tiin shall prottct the poptrty of her jufy'mi,
and with more vinilsnce and circumspection
, than Amtrica will protect the Ithtrij J Hits
tf htr titi ten I iiil not for a moment
permit the hateful itlta to torment me. It
cannot be so. As these provisions art mere
declarations of the law, that our teamen may
know their ri&btf, and resist the unlawful
force with safety ) and at the eiercise of this
repultive forct msy induct severities and
death Itself, it becomes nreeary to secure
the ciercLse of it by the provisions ofthis act.
Therf fora the neat cUtic n iulrodurcd au
thorising the President to rttaliste in cae of
any cruelties tiertited tin our hcauwn. ThU
is JdjtfJhf the souttdesl policy, UgnimjuJ
if the law of PatioNt, aM ttftfiittJlf our
Own laws. B the isw nations Vat. 4s,
I 3 a I . ) M wS-n a sovereign is not alivid
' with the manner in which his subjects ara
treated bv th Uw and cuvlam of ant other
iaWu0, be it at 1'Wrtv to declare ic will
tfeat the tuhjeets of thai nation in Iht tame
mmner l.ii aubjecit art trfattdi tliaitrtlL
cj tin law uf tutjtthn ; there it urthiof in
this but what is 'conformable tosound poli
tics," VatxHrJJi, U) At Athens' the
law permitted the relations of him who had
x been assassinated to seize three of the natives
of thatootintry, and deuin them till the mur
derer was punished or delivered up and'our
own law recognizes this principle. ,By ttbt.
act of March. 3, 1799, it is provided, that if
any seaman, who shall have been impressed,
on board any vessel .of the powers &t jvar.witlv
France, who shall be taken by France, and
hath suffered death, or any corporal, punish- ,
rfient by'the authority df France, or any bffi-
cause the most rigorous retaliation lo b4 ex-'
vyu.vu uu any civizcii oi uio v mien tr u- 1
lie that may be taken under the laws of'- toeJ
uinicu aiates. imi pernaps it may oe
sisted these were frenchmen and not entitled ;
to the same measure of justice ias Englishmen
--By the law of nations, Vat. 4?, 354
these measures are milder than 1 war, which
involves the innocent with iheujltjii " The
prince therefore who attempts this .method',;
instead of coming to an open rupture ?s
A 1.1 ' t . t ' J. . A
oououess wormy ot peace?" oh account ot his ,
moderation and prudence ; but they who run '
to arms without necessity,, are scourges to ;
the human racej.bat'barians, enemies to so- I
ciety, and rebels to the- law of nations, or
rather to the commort'Father of mankind.'"
This brings me tu the Ufl fecrion of the i
bill, which fecures the impreire'd fearhan
comncnfatioi for his t'a'ftf i'trt'nrlfoniment'.' I
not lar bevond'the vvaie in the merchant's !
icrvtct, aiKi autnortirs the attachment' ct
fo muth ot the debts lo 13ri'ifh fiibjcls,
as maf be neceifary for that purpoie .
there being no other mean3 of redrefs.
Ail mankind will declare it juft," and Bd.
lain heifelf has judiciAlly . eUi)li(hed the
principle id the cafe. decided by C. J
Pratt, aftarwards "Lord .Camden, Say.
Dim, 210. 1 The cafe was in' an action
for falfc imyrtfonmeit. The Earl ot Ha
IiIjx one of his Mjc;iy,'s rlucip-l Se
; ctctariea ot State eramed a warrant with.
out previous information, agiir.tt a juur- i
neyman urinterof ihe Norih. Rritaio. whn !
was ket fix hours and treated . civilly, j
30 pounds damages were given. On a,
motion tor a new trial becaufe of excejivi.
flmPratf, chief juliice, declared,
that as it was a geaeral warrant, aod an
a'a;k on public liberty and Wmft Jvlac-
t a Clnrta, . n as they a.ttcmpif.u' cvjtiltit f
its legfi,y, uicic ought to be excmplaiy
--iMjjjVj, ir.u 111 an caus wneieyer an iu
jtirr is Ocic und"er the color 61 builoiiy,
as uh.'c an j fficer umkr an authonty to
prtfs exacda thai aathority. Motion
It will noi tpn be fvby an American
Congrefj, that iht .ifs imArifnr.menr
. it an American fcm.j, 60 dollars pc
board a Britifh Qua of wjr, expofed t'J
fery harolhip? when a ii lh fubjedi for'
fi hours conhnrtnent with civ:L iicat
otsni, had eight hun!rcl dollars damages
by a Dritilh jury -t nor can tf.e oih-d of
retovering the fame be oppolert upon fuund
piitKripIes. Vat. 431. lec. -o.J By the
law of ftis, u,lcc u Ud to bed.-.
nicu wnen tae luojecl is not permitt'.d to
ellablilh his tigkt in the oidi:iary tiihu-
naisi jiiitice, or when great and tinrca-
fonablc .Itlay istlFcfled, cquiatcnt to
lulal. Ai.dit can never bv faid, tharaf.,
ler ten years fpcr.t in fruit U-fs iXTgocianOn,
and alter we hae been jplormc'a t the
Prcfidei.t ir,4t every fpatk of hope is
eatitifiiimcd, and the tup hu(n'.ilun
drair.rj to its Crcp'ti at thedjav i not
Dtircafonablc and eqaifaVot a rtturi!.
And we are au.hoi,(ew .v ihelaw c! ra.
liom, Vat. 151, r 10 itullate, 10
tfifi'n tt ftfjlh the making lire citizen
entire fatjiaiiton. It may he u jeacd,
i.-iwrTer, mat mis nirucy 11 in violsti m
t f tlie Meaty of London, 19th Nov. 1794,
Hhidt (ccuie. the ir.violao.litv vt Ciltilh
dcb.s; but it will benecolkcied that ibis
tuition on our pattt il inJuced by the
flotation of t!e f4,nc tieny bf Uicai Dri.
lain,by an attack on the Ubtrti of the citi
ten, audit can revrr be IaJt that we
fc not jollified by claiming the damage
we luv received by a violation on ftr
JsmJ Utr j, as a woirtcl fetofl sgainil a
ny damages thty may receive by a breich
ol the fame contiafl, by an attack on per.
fonai t'tftrtj. 1 1 can never be in Oiceye
ot jultice, and in t Ian I ,.f liberty; that
pfftrlj is more to be refpccled than libir.
;, nor cm we feci our ftWei unaothoiUed
tslien iht law of retil'ntion, and fclfpit.
fcfvati n, which ate wiiiten ilol,-n
Ij of man by the rWtr of Oaiuiputfnct,
. hu,iU tii'.,fiifi.. Nor, when weeonfi.
cei mat we outlclfCs iuva totally annulled
anddtciafediroid ;he treat with France,
ttcaufe of her violation of Ut trrvy by
the fpoliaiioni on our commerce refV.
fn'U iotluui jiill.ee, can we htfnatt 10
rriake ihis pariiJ tesl i f the irHty wih
Uiiii'm fo ar trjj as is neceiriry to di ttt
orr'tflcd fe smcn jufU-r, by the fatrifict
tir'.njt, pr$ptj, II lh Cirine of Ame.
mtuan hh,ih wh.-n we rcfleQ that ilii
le wi.iy mean wfefeby we can icmtine.
rate our cr llavel fcamcn for their cruel
toi.J... Uial lU faleiy of peopy is
1 he foptmc law, and that wc are the ca a.
rrri, la pro'ctt tt.ir i'r,ht, ttA lutt
. , CHAUI.ESTONV March 10. f
r We sfop the press to announce the arrival.
'U-"t.: t '.1 -' " . .1', . 1 I-
me amp pucnem, capu natcn, in 44 days
fom Liverpool, bringing London accounts',
to the 24th Januaryl-These furnish hc im-
ywwii lniormauon, . ma alter a severe ana
bkiody combat . at Austerlitz, between the
French and combined forces, on the 3d De- ;
iemher, in which the loss is stated to have
leen immense oh both sides ; an Armistice
had beenxoncluded between the Emperor of
Austria and Buonaparte, -At this time the
Archduke Charles afteroeating a division
of the French army, under command of Gen.
Ney, hadarrivtid -within: short distaiVce of
Vienna, i which place he had summoned to
surrender, whep he was informed of the Ar- .
mistlce, to the terms of which he reluctantly
.uiii.cucu, .. i ne emperor 01 nussia had re
turned to his Capital, and his "troops had re
ceived orders to follow their' leader. -The"'
Brit'islf troops were also ' recalled : from tha '
Continent; - After the hostile indications of
'jrrussia, jt was not known what terms would
ibe granted to her,' It is however intimated,
r that she will c6me forward as a mediator for
. a general peace on the Continent. England'
Still appears determined to carry on the war"
single handed ; although she has to mourn
as a national calaniityi the death of the .first"
statesman of the agv WuUam Pitt, who
expired the 22d January. ,
We are sorry to stnte, that accounts of the
price ofour produce" in the. Liverpool market
are very unfavorable Upland Cotton was
telling at 13 and Hd. and the best SCa Island
could .command at the utmobt, net more than
We rctrret that our time is so limitpfl. w
. .we' can publish but fe of the leading Rni-
ST. PETERSBURGH, Decemler 21.
yeltenlav, at Ave in the morning, our
beloved Sovereis::! returned in tf'tod health.
o the great joy of this capital, being met
by the joyful acclamations of the itihabi
lanuot ail. ranks. We were thettaw h,--
joris ycfUr iay apprifed by the publication
ot jjie following article in ths Court Ga-'
": IbUitch, D?t. 5, The ethaufled
powers ot ihe Court ot Vierma, the mis
fortunes itjias foftained, together With a'
want of pro. ilio;,i, iuve compelled, the
Roman En.puor, notvrithllar.iug the
lrong & vigorous fupport he hasexperien
'ceJ tiom the R iifian troops to conclude a
convention with France, to which a!fo a
peace nruil "fjoi. fucceed, . fits Imperial
Mjevly haying corpe to his ajFiilancc as an
a ly, had no other object in view than his
defence, and he averting of thefe which
threatened his uitpirc; and lince his Ma.
jelly (he Emperor, under the ;rcfc.u cir
cumftances, hasdyrfmed the pit fence of
, th Ruifi-n ttrxips no longer iteccUarj in
Aiirtria, IMajefly has been plcafcd to
ontvf tlu'.Y to leaVrt Aultria, and to return
toKullL.' T!. relation of the hoitde o
pe;ationsto the pvriiuiof their ce:iiion(
will le publifheJ in a (Wt ;:mc,
1 FRANCE. y
Is dated JuS.erliiz Detetrbcr 3.
' From this Itulletin. it arniars. thaiBiiona.
- - -
p:trtc, by way of stratagem, had induced the
Uuitisristo btliiiYe. that he m afraid lo five
. - t
them battle, and so contidcut was the Au.tro-
llusstan army of success, that tbey had form
ed a plan, not only to conrjucr, but loprar.t
the escape cf the trench arm,--. -ibis mistake
was the ir t uin, and tcnniiuud m their entire
Cor.chtded bclvttn their Majctticx the Lmperors
cfthe l'rtnih anJtuitrid,
His Mnjesty the Emperor of the French
and his Majesty the Emptier of Austria, be
In desirous "of corning lo definitive negotia
tions in cider to put n end to a war wb'uh
has dcvaU.-d both their dominions, have pre
viously arrcxl ojmii an armistice, to exist till
the conclusion of a definitive peace, or the
rupture of the tic gociat ions. In Ihe latter
Case hostilities sl.ll not recommence till
nil hltt fourteen dys j aad the cessation of
thf arruitire s'.all then be atincunted to the
plenipotentiaries of both po tt-s, at the head
quarters of their respective at u.!r t
Attide 1. The line tf both irmics shall he
in Moravia, the Circle of Ifclan, the Circle of
Znaio, the Circle of Ilnmn, a part cf the
Circle of Olmuit, upon the right bank of the
little river cf Trmboska, before I'rostnitz.
to the spot where that river discharges itself
In'o Ihe Dsrck snd Ihe right Lat.k of Ihe
Martk to the junction oftl at rivtr with the
Datiule, Vreturjr being included.
S'j fritich nor Austrian troops, shall on
by occasion, Vc stationed withm fie or six
Icajuesof llalitcli, upon the right batik of
ll Mint. . .
j " runher, the line of bo'l. armlrs shall In.
f mKh army, all L'pptr srd Lontr Austria,
l yrol, the Slate bfVtt.ica, Carinthia, Sty ria,
r,tX.U. tK r tint A cf flnriia ttA lli U.
'and Isstty in LofumSa, the Circle of Mouta-
oar, snu ti e t i:oi space lou.e caunaru irctn
Tator to Un't-
An. II. 'ITe llitsslsn army shatl evacufe
tie Autrian Suit, with Autttbn Volai.d,
sir. Muravia and thmfary, ithintbe f triced
el f.ftctn dfs aid (ialiaria . itLiis si Oi.th,
11 rvutes shall te pmer.btd totlHt stan
aitay, thai it tn tc aUa)i Uva where
L they ire, is well as to pretent any misun
II rlavelAnhnm - - t : - ' . .
Art. Ill, There shall he no in m
or ln&uiTection in llunu-arv.
ordinary recniitine for trooDs in ftohmia .
nor shall any foreign army be permitted to
enter,, the territory df .tbe House of Austria.,
The negociators for both powers shall meet
at Nicolsburg for the immediate comnience
ment of negotiations in ordrto effect, with
,oot delay, the re-establishment of peace and
good understanding between the two Empc-.
rors. ' ;' '
- Done at Austerlitz, Dec. 6, -1805.
, I (Signed) J Marshal BERTH 1ER.
J. Prince of LICIITENSTEIN.
'Y Lieutenant General.
LONDON, January 3. , .
.The conclulion of ihe aimtit.i.Ce is (uV.f
confirmed, and we have to regrei, that
oeariy aoout ine time the Lmperor Fran
cis was ratifying the melancholy aft of hjs
difgraceand fubjugation, histwp brothers,
the gallant Archduke Charles and Prince
Ferdinand were fnccersfully employed in
ireriving the drooping fpirits of his fuh
jecls and refloring the glory of the Auf-'
trian name. The former, after one of
themoft fkilfull marches ever executed,. '
aid which is admitted, even in the Vienna
G-stette10 have bten a chef-doeuvre ia
th? military art, and after defeating, wl h'
r,he lofs of 6000 men in, killed and woun-,
dei, Oeneral Key's divifion, penetrate
into Audtia, and on the loth fummoned
the gartifon left by Buonaparte in Vienna,
tofurrender up that city.. The latter, at
the- head of an inferior force, fuccceded rnr
rhe ;th in routing the Bavarian army, ani
took a'trong pohtion at Ilauf, about 1
leagues in the rear of the French grand ar
my, Thcfe imoortant fuccefl"e u?fri fn
iher ftrengibened by the arrival of a frelh
corpsor 1 2,000 Kulhans, Under the com
rnahot General ElFcn, .which cffoclcl a
junction with the main body' fhortly af er
the faral battle of the 2d. The armiftic?,
however tjntnguilhcd all project of a
change in the loituncf of the allies, and'
thc. Archdiike Charles had the mortifica
tion to find that his admirable operations,
but contributed to call an .additional
gloom on the calamities of the Houfe.
. ' - January 20. .
The difiatches rr-ceive l by govtf ntnenf
from fir Arthur Paet, lord florrowby,
:d Mr. JcLfun, have confirmed the Hate,
mcnt relative to the terms of 'the t.eaty o
peapc between Aultria and France :
" The Tyrol is to be ceded to Bavaria and
the kingdom of Italy, the Northern Ty
rol to the former, and the Southern to the
1 he Voralberg to be given to Bavaria.
The Aullria t pofltflii ns in Suabia and
Francotiia to Hat aris, Werlircbcrg, and
The Innverthjl, a mod important ac
Quifition, is to be annexed tothe kinijot
italy, together with ihe Venciian Provin
Fifty millions of florins are lo br'piid to
France. Buonaparte has a'.fo demanded
theccllionof Illria and Dalmatia, but this
demand, was firmly red led by Vhe Aich.
duke Charles, whn drfiied an intern ir vt
I wi'h Buanaparte for the purpofecf lUtii-j
I kr .1. ..!.' 1 n .'1 ... !.
in ciciuiincii oppuininn iu 11,
The Archdi-ke's army was at Edinber,
four polls frorrt Vienna, at the commcncc
nn'tit of the nrgociafotis for peace hil
prefence pet haps produced fome bci.cncial
efTccl ; but tie turn of peace are jtl fc
vcre and hard et.ough.
Corjftic&.Of net, loIffaRtut.
We flop the prefj to Hate, thai dilpacfc
es have been received from Berlin, which
liate that it has been agreed between the
King of PfufGa&; Buonsj atte, that Han
over fhall be occupied by 'ruffian iroops
rill the peace. Ihe Biitilh ttoopt ate
immediately io'ret rn.
TlIE subsctibe'r informs his friends and
1 the public in general, that he has taken
the shop adjoining Mr. Jacob Hartmsn's at
the corner of Front and Dock-ttrects, where
he has for sale Cold Watch Seals ar d Ktys,
Breaal Pins, l-.ar Drops, l inger Rii., I ap.
cy Combs, Potket Bocks, black lead Pencil:..
Segar Boxes, Razors aud Razor Casck Gilt
t, .-i ... .. ... 1
svaicu woains, scats anu keys
Naihitiicl Dana, juitV.
N. B. Watches cleaned and repaired ss
W ilinirirtor, l'ch. 26.
TO BE SOLD,
THAT well k no a. n and tslusUe Mil
Srst on Holly Shelter, Sour thirty
mlci frvn Wilmington, Ute the property
of Co!. John P. Williams its fruition
is hrslthy anJii;fmh!r, ihcre is on the
f rctr.lfcs a two lloiy Dwelling, Kluhcn,
and tthef mi: il.ults the flitun it known
to Ic equal tosny in the State, with a fct
r,f Mil's aliitleuiit of repair, the Grilt
Mili in (ood order. The terms of fa'e
may te mate kft"n by tpplicatioit 19
Rojfir Moore. SherlTrf New. Hanover
County,' or Robert Uctfey, merchant,
Dcumbef 17, ltc5