r- t 1 1. .V r ( I J" t 1 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 overruled. ... 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-' tciU'i ": 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 xxx bulletWof.tuecuand . ARMY, 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 ovcithiow. THE AUMISTICE 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 latter. 1 he Voralberg to be given to Bavaria. The Aullria t pofltflii ns in Suabia and Francotiia to Hat aris, Werlircbcrg, and Uader). . The Innverthjl, a mod important ac Quifition, is to be annexed tothe kinijot italy, together with ihe Venciian Provin ces. . 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 USllal. W ilinirirtor, l'ch. 26. A Bargain. 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, Wilmington. Dcumbef 17, ltc5 HI

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