Norwalk Chronicler

Norwalk Gazette, Thursday, April 8, 1841 · page 1

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,,_,§‘,uf?re=ry’. "‘“‘- ---as-.-oh . .. such Fire Warden as may have ilie chief lll~ post on an emnence at the head of Lundvis .. . _ ,_ M - . tioned salvage. It rejected the claim made IOTS. have Gstillilished their title‘ by com etent

‘ l“T°°'“lPtlble teeth 1"S‘“'rmr lirblnlpflii t.°-3“'f'Ui"~'l--l.“ wpplesslng such fire’ shall {mm Lane» all‘-l l"9l'*~’ P0lll'l“" l0l'lll 3 ”l05l dcatlly M” the Qjpmnllf dfniil iodk hosbts-Si-Oln .0! bv the Attorn6Y of the United States. on bc- PT°0f3- Illln‘-‘Se Ilestrocs were at thstime ‘‘
A150: teeth Cl‘-“1“5e‘lv Sel"”'*‘“"ll- ex‘ ° her‘ Oallle 26l 0 ugustl '3 Ve°S‘ “as ' lawfully bought andsold we see no reason
*4 g - \. ' .

o

TWO DOLLARS pen ANNUM,‘PAYAl3iL'Ei INIADSVANCE.

Volume XXIV.

 

NQRWALK, CT.‘ _WEDN

 

 

THEHNORWALK GA ZE'l"1‘E

Is P-ublis/ted
EVERY WEDNESDAY MORNING.
B Y 1

JAMES REED. J...

 

TERMS OF SUBSCRIPTON.

Village and Mail Subscribers $2 per anuurn,

payable in advance. - _
Subscribers who live out ofthe Carrier’srlistrici
andcallattlie Officel'orth_eirpapers,$1 50
in ad-vancc—at ilie end of the year. 00
Companies of .911. or more, receiving their pa-
pers by mail,a$l 50, payable an advance.
RATES OF ADVERTISING.
For one square, or 16 lines, 3 weeks, I 331 02
Each following insertion, _ 1:-Si
Executor’s and Administrator's Notices, 1 ()O_
Corriinissioner's notices, _ _ 1 25
Guardians’ Notices, and Notices of Divorce: by
the square. ‘ ,
Yearlv ad vertiseis, one square, $310 per annum.
payable quarterly in advance. The priv-
ileneofvearly advertisers is limited to their
5 " .
own immediate business. _
All casual advertisements sent to this Oflice
must, to insure insertion, be accompanied
by the cash.

Job Printing,

or ALL KINDS,
VIEATLY EXECUTED AT THE GAZETTE OFFICE.

DENTAL NO TICE.

OCT. A. HILL, thankful forthe, patronage
. he has received in his profession during.
12 months past, in Norwalk, begs leave to in-
form ttie public, that he still continues a few
doors west ofthc’Bridge, in Burrall’s Buildings,
where he will be happy at any time to see his
friends, and answer all their calls in Dental

A FIRE COIIIPANY '
, vi?’ of the Borough of Norwalk», have, in

said Borougli, formed a Fire Company, and
by said charter, are empowered to make all siiit-
able and necessary bye-laws for the regulation
of said Fire company,
1. Be itordained by the \Varden,"Burgesses
and Freemeu ofthe.,l3orough of Norwalk, that
said Fire Company, so formed as aforesaid,
be, and they are hereby attached to Engine No
2, belonging, to this Borough. That said Com-
pany shall consist of thirty-five members. and
no fl'l()l‘e,—(’.8Cll of whom shall have arrived at
theiage of 21 years. And said Company are
hereby empowered to elect their own oflicers;
(which shall consist ofa Foreman, an assistant
Foreman. a Secretary, anda Treasurcr;)-to
fill such vacancies as may occur in their num-
ber, subject to the approval of the Court of
Burgesses, and to make all such bye-laws for
their own regulation, asthey may deem expe-
dient, which shall uot be inconsistent with or
repugnant to the charter or Bye-Laws of said
Borough. ‘ i
, 2- ‘And be it further ordained. that it shall be
the duty ofthe Foreman, or Assistant Foreman
of said_ Company, to call out said Company
once during the Ist week in each n-.onth, from
the month ofApril to the month of November
inclusive, and at such other times as the Chief
Engineer shall direct, to wash and to work said
Engine. and to see that the satne and all the
implements and apparatus appertaniug thereto
are in readiness for imuicdiatc service.
3. And be it further ordained. that in case
any fire shall break out in said Borough, it
shall be the duty of each and every member of
said Company, on the first notice thereof, to
repair with said Engine to the place where said
fire shall have broken out. And the said Coin-
pany, and each member and officer thereof,
shall obey all such orders in placing and work-
ing.said Engine. as the Chief Engineer, or

full set. _
tracted, &c., and all those diseases of the teeth
attended to, wliich,if suffered to continue, are
productive of so much mischief.

Referenccs.——Emcry Bisscll, M. D.; J. D.
M_‘Li:an, M. D.: Hon. Thomas B. Bitler;
Hon. Benjamin lsaacs. Norwalk. Nehemiah
Perry, MID. Ridgeficld. R. B. Botsford. M.
D.; .Doct. D. P. Knapp, Danbnry. Duct.
Howell Rodgers, Colcliester, Ct. VVilliam
VVitter, M. D. VVillia.mantic, Ct.

A BYE—LAW FOR REGULATING

 HEREAS the \Varden and Burgesses

accordance with‘tlie' provisions ol'the charter of

From the National Intelligencer. ‘
GENERAL JAMES MILLER.

over the vast multitude
itol yesterday, my eyes‘ rested upon Gen.
Miller, of Massachusetts, and I’ was astonish-
ed as well as ,<_.7ratified to find that he was
still able to bear the fatigucs of office. As
the noble heartrsd General moved along.
scarcely touched by the fangs of time, I was
irresistibly carried in imagination to the bat-

the. head;of Lundy's Lane.
it sketch of an incident in that gallant action
would not be uninteresting to your readers
at the present time, I have taken the liberty
to enclose you the following, whicli“'I trust
you will publish.

« I'LL ‘rev SIR." -

An Jncidentof the Battle of Brz'a’gc'walcr.

On the 525th of July, I814, the bloody bat-
tle of Bridgewater and Lundy’s Lane took
place n:'-at‘ the banks of the Niagara. It
was six o'clock, and a sultry evening, when
the British forces under Gen. Drtimmond
advanced to meet the American columns:
and a more deadly contest never raged on
the soil of our beloved country than that
which then commenced; the roar of the
neighboring cataract lost itself in the boom-
ing of the cannon-—the voices of many wa-
ters, and the voices of liattle sang boss togeth-
er-—-and the dead slept in sweet forgetfulncss
upon the moonlit hill. The first. brigade
under Gen. Scott, with Towner’s artillery
and a body of cavalry, sustained the attack
of the British army for an hour, unaided.
Gen. Ripley with fresh troops now arrived
and relieved Gen. Scott, while the latter with
his exhausted brigade, formed a reserve in
the rear. The British artillery had taken

time to imyr;-i,s.yq,e\._‘__Anil after such lire shall_
be extinguished, said €iTgmr§fia'll, without de-
lay. be well washed and dried, and, together
with all the implements and ‘apparatus thereto
belonging be deposited in the place where it is
usually kept.

4. And be it further‘ ordained, that if any
member or ollicer of said company shall fail to‘
attend as aforesaid, on the first notice of fire
in said Borough, or after his appearance, ‘shall
absent himself before said fire shall be extin-

November 20. 1839. S 1

guishcd and said Engine shall be cleansed. re-
turned 3; (lep(J:~‘ll(‘(l in its place as aforesaid, or

 

fire on_the Americ‘aus. Gen. Brown, the

Messrs. GALES 5; SEATONI In looking
visitors at the'Cap- S

tle-ground of Bridgcwater and the height at
Presuming that

 

“'1?-HE AMIS_’I‘ADi]CASE.

i llrroin the Nuliozzl ‘Ii-ntevllzgencer. '

. COURT OETTHE ‘U. STATES.
/ "JANUARY TERM. 1841.
-I

lants and Claimants,‘ of the Schooner
' inistad, her tackle, apparel, and furniture,
logether with her'__carg'o,'-aiiid the Africans
' entioned anddescribed in‘-the several li-
llrfiels and claims. Onappeal from the Cir-
. jiluit Court ofthe United States for the Dis-
l lict ofConnecticut.

E United States, "appellants, vs. The ‘Li-
I

 Justice Sromr delivered the opinion
 ih‘Court: X,

5-Ts: isthe case of an appeal from the de-
cl-cc the, Circuit Court of the District of
loan icut,sittingin admiralty. The lead-
ing f s, as they appear upon the transcript
of th roceediugs are as follows : ’

On e 17th of June,'. 1839, the schooner
L'A tad. being the property of Spanish
subje . cleared out from the port of Havana
in thggland of Cuba, for Puerto Principe,
in th me island. On board of the schoo-
ricr wje the Capt. Ramon Ferrer, and Jose
Ruizlid Pedro Montcz, all Spanish sub-
jccts.lThe former had with him a negro
boy rjtued Antonio, claimed to be his slave.
Jose u-iz had with him forty-nine negroes
clairrld by him as his slaves, and stated to
be h‘ property in a certain pass or docu-
inenllsigned by the Governor General of
Pedro Moutez had with him four

 
 
 
 

and stated to be his property in a
pass or document, and also signedby
the overnor General of Cuba. On the
voya , and before the arrival of the vessel

at h port of destination, the negrocs rose,

disc _ered by Lieut. Gcdney, ofthe United

the terrible havoc made by the enemy’s cau-
non, concluded that it was necessary to dis-
lodge them or retreat. It was adreadful du-
ty. The troops that were to march up Lun-

commander ol” flie ‘A'Tf‘tP.l‘llCfl I '.,r'i~i‘il.l.Q£.

 
 
 

brig Washington, at anchor on‘the
“ts. at theldistance of half a mile from
"0 Island. A part of the

‘lY'5 Lane might well say their last prayers
and make their wills before moving. It
was certain death to every second man of
forlorn hope. As the commanding General
rode along the foot of the hill, in thoughtful

brard, was brought by Lieut. Gt-dncy in
the District of Connecticut, and their libel-
lr-:1 for salvage in the District Court of the

‘ aard. The

‘"son

 
 

vessel with the negroes and other pcrs

E 
 

 
 
 
 

 

_ .

OFFICE WEST‘ SIDE, TiI,'I,E_lBRIDGEL:—OVE,I?,, HO'Y'1"S STOIRE.

I

 

 

 

. .
T $
1

,1 1

 

..,.

Number 21. .

 

the vessel, intending to ‘return therewith to
their native country, or_‘_.to. seek an asylum
in some free State; andithe vessel arrived,
about the 26th of Augiiast. 1839, ofI-Mon-
tang Point, near Long‘Island; a part of
them there went on shore, and_were seized
by Lieut. Gedncy, and carried on board, and
all of them were afterwards brought by him

into the District of Connecticut.

On the 7th of January, l840, Jose Anto-

nio Tellincas, Messrs. Aspe and Luca, all

Spanish subjccts residing in Cuba, filed their

claims as owners to certain portions of the

gpjods found on board the schooner L’Ainis-

ta . . '
On the same day, all the libellants and
clumants. by their counsel, except Jose Ruiz
and Pedro Moutez, (whose libels and claims
as stat:-d of record, respectively, were pur-
sued by the Spanish Minister. the same be-
ing merged in his claims.) appeared and
the uegroes also appeared by their counsel,
and the case was heard on the libels, claims
and answers, and testimony of witnesses.

On the 23d of January, 1840, the Dis-
trict Court made a decree. By that decree,
the Court rejected the claim of Green and
Fordham for salvage, but allowed salvage to
Lieut. Gcdney and others on the vessel and
cargo of one third of the value thereof, but
not on the negro_es Cinquez and others. It
allowed the claim of Tcllincas and Apse s;
Luca, with the exception of the above men-
tioned salvage. It dismissed the libels and
claims of Ruiz and Moutez with costs, as
being included under the claim ofthe Span-
ish Minister. It allowed the claim of the
Spanish Vice Consul for Antonio, on behalf
of Fcrrer’s repicscntatives. It rejected the
claims of Ruiz and Moutez forthe delivery
of the uegrocs, but admitted them for the
cargo, with the exception ofthe above men-

half ofthe Spanish Minister for the restora-
tion of the iiegroesundcr the treaty; but it
decreed that they should be delivered to thc
President of the United States, to be trans-
ported to Africa, pursuant to the act of 3d of
March, 1819. ‘ '
From this dccrce the District Attorney,
on behalfofthe Unitedl_States, appealedto the
Circii it Court, except so far as related to the
' stitution of the slave Antonio. The clai-
' Tellincas and Asp and Laca also ap-

men in that part of the decree which

behalf ofthe United States, thatthe Court are
bound to deliver them up according to the
treaty of 1795 with spain, which has in this’
particularbeen continued in full force by the
treaty of 1.819, ratifined in 1821.’ The sixth
tmlcle Of that treaty seemsto have had prin-
ciply in yiew cases where the’ property
ofthe s_ub;ects of either State has been talrei
possession of within the territorial jurisdic-
tion ofthe other, dtiring the war. The eighth
articleprovides for caseswhcre the shipping
ofthe inhabitants of either State are forced,
through stress ofwcather, pursuit of pirates
enemies, or any other urgent necessity to
or seek shelter in the ports of the other, There
may well be some doubt entertained whether
the pre_scr_it case in its actual circumstances,
falls within the purview ofthis article. But
it does not seem necessary for reasons here-
after stated, absolutely to decide ,'t_ The
ninth article providcs—“ '1‘liai; all ships and
merchandize, of whatever nature socver
which shall be rescued out of the hands of
any pirates or robbers, on the high seas, shall
be brought into some port of either State, and
shall be deiiverd to the custody or that port,
in order to be taken care of and restored en-
tire to the true proprietor, as soon as due and
sufficient proof shall he made concerning the
property thereof.” This is the articiejoni
which the main reliance is placed on beliall
of the,United Stat‘e's for the restitution of these
negrocs. To bring the case within the arti-
cle, it is essential to establish, lst, that these
negroes. under all the circumstances, fall‘
within the description of merchandize in the
sense ofthe treaty ; 2d, That there has been
a rescfiz of them on the high seas out ofthe
hands of pirates and robbers, which, in the-.
present case, can only be by showing that
trhemsefves are pirates and robbers‘; and, 3d,
Phat. Ruiz and Moutez, the asserted proprie-

5

why they may (not) bejtistly deemed, within
the intent ofthe treaty, to be included under
the denomination of merchandize, (and ) as
such, ought to be restored to the claimaiits '
for, upon that point, the laws of Spain would
seem to fiiruisli the proper rule of interpi-e-
lflll0fl- But. admitting this, it is'clear. in our
Opinion. that neither of the other essential
facts and requisites has been established in
proof; and the onus probandi of both lies up-
On lllc Claimants to give rise to the casus faz-

__ duriugsucb fire,shall neglectordisohevauv order ."‘°°‘l- he Suwlllc brave Col‘ Miller fldmnc’ "» \ l'b=l f ‘l " l h = pealed . ' - d " It ' '7 ' v '
Ohbl N ET F téhhlllihh or his i H~..;::. 2...-.:.:. :;..**‘.%:.‘-:.:..:‘.;‘r.:3..1.*.“'3..>’. --as-i 1.; ‘“‘i..2"1§’,‘,,‘.§.¥i :::i;:°.:::: .‘:::“::?.:’:g:r:,ciniiovv» it 
A - , c . y . : '« ' -i ’ , ta icse negroes

AND CHAIRS.

HE subscriber continues to keep on hand

at his old stand. on the Dniibury road. 51;

mile tiorth ofthe Bridge. 3 200'-l 355‘l”m‘5lll' “ll
Catiiuct ware-. consisting ofBurcaiis_, from 7 dol-
larsto20. Mahogany and Cherry tables, stands,

slizili ii)i'f'ci? and pay f--t‘ c\'

sum oftwo Dollars; and unless said fine shall

ed. on bring so rcportetlto the Chief Engineer— fol’ lllltllel’ "OI'Cl€l'S.
and it shall be the dutv of the Comniauding of- ” lvlll you advriuce and capture that batte-
Company to report such ileliuqiien: rv?” said the General
14.._.. -4 '

ficerofsaitl
to the biiici

the use ofthe the Tr.-3.-isury ofsaid Boroltgllsllle

I-'l\ n u \1 T r-.\:. . . ‘A, ,
crfnsfii ti’ di.-l’.'z'fi"il ‘l-fi -. ori,ia'iid l'li:_-'t°6gfiiftl9£Vguii.i'lll‘.'3 C3-.°.m-cr.-e.l..-ado.
moved up Lundy’s

He rode up to him.

" I will try sir,”

 

ZTITC.
At every rod the artillery on the height

Sag Harbor, Long Island.
iseptember Ruizrand Moutez filed
and libcis, in which they asserted their own.
or i-'—":,~’;-':z aim f‘.L.‘:“U‘.‘ 1 t‘:t;"c:2 . ‘gt.-,,* "-.x\i. c. s 1,2.-oi-_.sca.n Il ..of
,the sa‘uie might be "delivered to them. or to
the representatives of her Catholic Majesty

claims

On the 18th of

Lflqglgllmeigixitz or Moutez, or on behalf of

. 3 ' .- I V T -
we ]_eprpse{ll'..lIl\€:S of the on ner of e Amts
tad The C.!LC.t.l.'E.-.C.°.‘.‘.’.lv.-l’Y a.rm°'§= W0
Di;u_ic, Cfourt, reserving the question Of

” non the claims of Tellincas Aspe

salvagrc ti; , _
and fflca_. And from that decree he pie

never were lawful slaves ofRuiz and Moutez,
or of any other Spanish subjects. ,

'1l3.=.v ,a§g_r_1_anve§ of Africa, and were
llorttl to (fluff, tI‘l"‘tio‘i'&‘i?'ion-1}rct-i‘c‘Ll.:t.t.ran.s=
l”l"lle3 Ol 5P_"LD. and the most solemn edicts
and declarations of that Government. By

 



work tables. Wash Stands: Ffencllanll °°”““°" bellald l°’ "’ "l"”e‘l bl’ ‘he (“lllel h"gmeer' sent its messengers of death through the On the 19th of

as might be most proper.” those laws and treaties and edicts the Afri-

 

within twenty days after such delinquent shall‘ _ J g _ . i. - _ _ _ ‘gal has been brourrht to this Court. _
besieadil laroe assortmeniof Chairs, have received tiotice in writing from the Chief SL359 lilcfjumll t. bulf S3111 thbgl w.C,S.]l,mrfl”:c,§lP S‘3Plellll"‘3_l llle --‘l~ll°"“e.V Ollllc Ulllled S_l“le5 cmili-,ap£),ltise has been veryaelaborately argu- can slave trade is deemed a heinous crime;
° my le ‘Owe 0 e "0 *3 1 l 9 ' ar ' for the District of Connecticut filed an infor- le ‘ and the negroes thereby iiitroduced into the

ed. as wgill upon the merits as upon a ‘motion
on behalllf ofthe appellants to dismiss the
appeal ',On the part of the United States
it has bpon contended,‘ lst. That due and
‘t proof concerning the property has
it: to autlihrize the restitution of the
' rgo and ncgroes to the Spanish sub-
iose behalf they are claimed, pur-
'eaty'with Spain,27th of October
at the United States have a
- in the manner in which
obtain a decree for thc

erty upon the ap-

Engineer that he is fined for such default. such
delinquent shall be expelled from said Fire
Company, and be no longer a member of the
same.

5. And be it further ordained, that at the
5 anutial Borough meetiiig in each year, it shall

- Maple. Fancy, \Vindsor and _Kitch-
 en; Buglon Rockers, &.c. which he
will sell as cheap as any other shot)
in FairfieId_couuiy.

I EVERT QUINTARD.
Norwalk, Feb. 21, 18-11-

CA BINE T FURNITURE.

JAMES A. TINDALL
would respectfully inform the
inhabitants ofNorwalk and its
vicinity, that he has recently
opened aCAl3INET VVARE
ROOM a few doors north of

waved his sword before the bloody gap, was
heard uttering the short and expressive or-
ders, “Steady mcn—-close ranks—march 1”
Around him the flower of his regiment fell
__ like the withered leaves ofatituinn ; but he
be the duty of the Chief Engineer to make a heeded not his loss, he was Ordered to take
report in writing to said meeting. of the state the battery on the hi”, and he intended to do
and condition ofthe Engine and all other appa- it He ,,dv_m(_ed therefore CO0, and S,ead_
rams belonging to said Borough forthe extiuc- _l-r t l‘_‘ < b_" t’ A .d‘;t )1’ ‘nd. U
lion and suppression of fire. and to remmmend ll 0 11° .0 -ltc ' ml “ a leml 0 S
blaze of artillery, and at the point of the

to the consideration of the meeting such ‘ineaS- , _
ures relative iliereto as he sballjurlge uecessa- bavonet he carried the hcight. It was a
1 " - .
gallant decd. I have never heard of its

mation or lible. scting forth that the Spanish
Minister had officially presented to the prop-
er department of the Government of the U.
States a claim for the restomtion ofthe ves-
sel, cargo,‘ and slaves, as the property of
Spanish subjects which had arrived within
the jurisdictional limits of 7“the United Sta-
tcs, and were taken possession 'of by the said
public armed brig of the U. States, under
such circumstances as made it the duty of
the United States to cause the same to be
restored to thetrue. proprietors, pursuant to

domiuions ofSpain, are declared to be free.
Ruiz and Moutez are proved to have made
the pretended purchase of these negroes with
a full knowledge of all the circumstances. 35
sdcogent and irresistible is the evidence in
this fespect, that the District Attorney has
_admitted, in open Court, upon the record,
that these negroes were native Africans, and
recently imported into Cuba, as alleged in
their answers to the libels in the case. The
supposed proprietary interest, then, of Ruiz
and Moutez is completely displaced, if we

 
 
 
 
 
 
 
 

jects on \\
suant to the
1796. 2d, '1
right to interve
they have done, to

ry and expedient. Passed in Court of Burges- , '
restitution of the p

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

...-..,;,-,-,;'.f;igar-

 

' T--"..—-_€=‘J. Hooker’s market, where he
intends to keep on hand a general 8SS0Flm€0l-
of FURNI'l‘URE. manufactured of the best
In iteria|s,andin the most modern style, which
he will sell on reasonable terms. .

Nhrwalk. April 27. 1840. 2-5

FAMILY GR out-:1: Y.

. . , THE subscriber would inform his
(I Illlllllll'l|( fziends, and the publicgenerally,that
 he keeps constantly on hand. at the
‘iiiiiittii.ill siore3 doors north ofthe milI,a .‘£0”d
a ssortuient of the best ofFAt\IILY GROCE-
RIES which he will sell on the mostreasonable
. In his assonment may be found the

 

 

terms. , .

follmvinn articles: Loaf, white and brown Ha-

vana Sf Croix, Porto Rico. and New‘ Orleans
9 ‘. -

Sonar - St Croiz Porto Rico, New Orleans,
, U I

D house Molasses; l‘Y5°“~ }’°U“g llY5°r,i!
~ and potichong Teas; 0l(l -l3Va~ Laglll‘

s°uchm'g'”..nd Porto Rico Coffee; Wlleal ‘llld
ra, Ctlbflq 3* . ‘ B I Oda big_
ry,, Fl,,,,,, C,-,~_rn Meal. Pi ot rear, s I .d
. ~ - -" rice ‘ or’ an

cuit. butter and §,iV1{larcracse(r)s,,l_ dr. fad xpiclb
beef hams. mess alt» ..‘._”,_me ll " yd 0
{ed cod, mackerel. herrtngs.sounds an tongues,
butter cheese, lard, soap,‘ S'[Y8l‘m ‘llld ‘allow

'9 ’\-. -
candles, salt. Starch» lU‘ll8°~ Pepi’-‘if’ Plmemo’
nutmegs, cinnamon, cloves, maize, trtirofls gm-
ger, dried currauts, raisins, pea nuts, altfiomlsi
filberts, brazil nuts. figs, prunes, tamarin(ls.0}'-
augeg, lemons, honey, pepper sauce, sweet oil,

pot and pearl ashes, salcratus, cut and plug to—i~

bacco, snuff, segat's.shoe brushes, scrubbing do.,
brooms, wrapping and writing paper, water
pails, sand, and allother articles usually found
in a grocery establishment.

GOULD D. JENNINGS.

Norwalk. May. 1340. 27
FAMILY GROCER-IES.

JUST RECEIYED.

THE Subscriber has on hand an
~ extensive assortment of choice Gro-
.. . ’ - ceries for families, which were pur-
chased ac the lowest cash prices. which enables
him ,0 mmpeie with any other establishment,
and to sell his goods very cheap for ready pay.
Old customers as well as the public generally,
will find it to their advantage to drop in satisfy
themselves. Einvtu Locxwooo.

Norwslk. May 27, 1840. 28

To bacico Factory.

‘HE subscriber is manufacturing, and has
constantly on hand, first and second qual-

‘fies Chewing Tobacco-—also, Smoking. =1 new
I 1' 13 S anish and half Spanish, together with
am 'i pof satin" and cigars. which will be
Eoiélléli yNew York prices. at the factory, uear..
the residence of John D. Ltiuiisbpry, Esq-
Merchauts throughout the country Will be sup-
plied on the most reasonable termS- Orders

 

sis March 1st; 1841.

Adopted in Borough Meeting March 8, 1841.
» STEPHEN OLius'ri~:1). Clerk.‘

SASH ty BLIND FACTORY.
BRIDGEPORT, CT.

HE subscriber will manufacture W'z'ndow
E Blinds to order, at '75 cents per foot. (meas-
uri g the length of the blind) in as good style
as any in the United States—-well painted with
Paris green, with patent Catches, and wrought
iron strap Hinges, made of seasoned lumber,
clear ofsap orknots. Rates per window. for
Blinds, as follows :

6 by 8-24 light \ViitdoWs, $3.37 to 3.50;

7 by 9-24 " “ $3.75 to 3.87;
10 by 12-12 " “ $3.30 to 3.373
10 by let--12 “ ‘° $3.81 to 4.00:
I0 by 15-12 " “ $4,l2 to 4.25;

The subscriber will keep his prices corrected
so as to make them as cheap as at any factory
in the State.. He will deliver his Blinds on
board the Steamboats, or Railroads, at 70 cents
the foot, without freight or hanging, and will re-
ceive various kinds of barter in part payment-—
also specie or batik bills.

Window Sashes made to order at the lowest-

factory prices. .

All orders sent by mail, or otherwise, will he
thankfully received and ptiuctiially executed.

Factory—Beaver street, three doors west of
Main street, Sgcond street. north of the Ster-
ling Hotel. __ _

CHARLES ISAACS, of Norwalk, is authorized
to act as agent for the above Factory.

CHRlSTOI‘llER. BEARDSLEE.
Bridgeport, March. 23d 1841.

VALUABLE FARM FOR SALE.
- WILL be sold, and possession
given immediately, one of the most

 
 

 

I
‘‘i- Canaan. in the county of Fuirfield,
and situated nearthie centre ofsaid town. The
farm contains between forty and fifty acres of
meadow, plow and wood land, with a good or-
chard, and an elegant dwelling house, with out
buildings. and is one of the most elegant loca-
tions in New Canaan. Said farm and buildings
are in first rate repair, aif\will be sold at a great
bargain. Any person wishing to ptlrcllflseo
will call on the subscriber, lriug near the prena-
ises, by whom an indisputab.» title will be g|V9“-
~VV\I. DRUMMOND-

New Canaan. Nov. 23, 1840. 2lf
I FOR sale a pleasantly situated
dwelling and about half an acre of
land in Wilton, at I-1ur|biit’s Hole
-- so called, a few rods west of the res-
idence‘ of \Vin. Green Esq. Terms reasona-
ble. Application may be made to George Hoyt
Flax Hill Norwalk.

Norwalk, March, 11th 1841. 18

C LOVER SEED—Just received and for
saleby T. L. &, J. R. PECK.

 

 

 

 

I ded '0: D» F» BETTE.
prclflltiilivlnlit, (Dec. 13th, 1840. 5

.,&i_

on Well, March 23,1841.

attack upon little Gibraltar, at Toulon, be-

3 her children when asked to aid him, as the

V“ valuable Farms in the town of New .

equalexcept at the seige of San Sebastian.
It was superior in tenicrity to Bonapai‘t’s

cause Miller had no covering for his troops
in case of a retreat. It was a dead march to
glory l—-yea, at every step the rear rank trod
upon the dead and the dying‘, and the groans
of suffering humanity’ mingled in with the
hoarse rattle of the drum. “Then the con-
queror with his remnant ofa regiment, trod
upon the heights at the head of Lunrl_v’s
Lane, and turned the cannon upon the aston-
ished cncmy, a death struggle enstied be-
tween the Americans and the English ar-
mies. “ Tliese guns will decide the battle;
they must be regained, or the army of Brit.
ain will be cut to pieces; and, if regained,

the Ainericaus will be conquered.” Such
was the thoughts of each General.
Now came the iron gripe of war. A ter-

rible conflict ragcd upon the height; and
when the morning sun arose upon Bridge-
water, l,O00 soldiers. friends and foes, lay
sleeping in gory death upon the hill side in
Lund_v’s Lane. Surely, the battle of Bridge-
watcr will never be forgotten by the patriot,
the historian or the poet; and, while the
laurcls of 21 Scott and a Ripley are green
and unfading, let us not forget that the gal-
lant Miller is alive, and that his country
owes him a debt of gratitude which she ne-
ver can repay. She, however can say with

hero said at Bridgewater to his commander
when called uponto render him service, ‘F I
will try, sir.” Let her try, for the sake of
her honor, and may the day never dawn,
when the hero of Lunday’s Lane shall be
forgotten by an .Ainerican citizen. We glory
in the service ofthe brave. May the laurel
circie the victor’s brow in life, and at last
hang upon a broken column over a deathless
tomb 1 Reader, the hero of Ltindy’s Lane
is beside you 1

"The other evening, says a cotempora-
ry, a well known novelist, a man of great
coolnes and courage, was met by a stout
fellow, who pulled out a poinard and de-
manded his purse. “ Capitol l” the other
exclaimed. ‘ I was just about to make the
same demandon you—but come, as I find I
have fallen in with one of ourselves. I'll give
you a share of a prime job’ I have got in
hand. Come along !’- Deceived by this
confidence, the real rogue joined the coun-
terfeiter and they stole along together till
they weremet by a patrol into whose hands
the good natured friend unkindly lodged his
associate.” '

77

the treaty between the U. S. and Spain:
and praying the Court on its being made
legally to appear that the claim ofthe Spar.-
ish Minister was well founded, to make such
order for the disposal ofthe vcssel,cargo and
slaves as would best enable the United Sta-
tes to comply with their treaty stipulation.
But if it should appear that the ne-giroes
were persons transported from Africa in vi-
olation of the laws ofthe United States and
brought within the United States contrary
to the same laws, he then prayed the Court
to make such order for their removal to the
coast of Africa, pursuant to the laws of the
United States, as it should deem fit.

On the 19th of November, the Attorney
ofthe United States filed a second informa-
tion or libel similar to the first, with'the ex-
ception ofthe second prayer above set forth
in his former one. (in the some day, An-
tonio G. Vc'ga,.the Vice ‘consul of Spain
for the State of Connecticut, filed his libel,
alleging that Antonio was a slave, lhe‘pl‘Op-
erty ofthe representatives of Raman Ferrer,
and praying the Court to cause him to be
delivered to the said Vice Consul, that he
might be returned by him to his lawful own-
er in the Island of Cuba.

On the 7th of January, 1840, the negroes
(Cinquez and others.) with the exception of
Antonio, by their counsel, filed an answer
denying that they were slaves. or the prop-
erty of Ruiz and Moutez ; or that the Court
could, under the Constitution or laws of the
United States, or under any treaty, exercise
any jurisdiction over their persons by reason
of the premises, and praying that they might
be dismissed.

They specially set forth.and insist in this
answer that they were native-born Africans,
born free, and of right; ought to be free and
not slaves; that they were, on or about the
15th of April, 1839, unlawfully kidnaped,
and forcibly and wrongfully carried on board
a certain vessel on the coast of Africa, which
was unlawfully engaged in the slave trade,
and were unlawfully transported in the same
vessel to the Island of Cuba for the purpose
of being there unlawfully sold as slaves;
that Ruiz and Moutez, well knowing the
premises, made a pretended purchase ofthem;
that afterwards, oa or about the 28th of June
l839, Ruiz and Moutez, confederating with
Ferrcr, (captain of the Amistad,) caused
them without law or right, to be placed on
board of the Amistad, _to be transported to
some place unkown to them, and there to be
enslaved for life; that on the voyage they

li Minister. These
enuously denied
'ollatcrals and

 
 
 

plication of the Spriins
propositions have been st

are at liberty to look at the evidence or the
admissions of the District Attorney. If then
these negrocs are not slaves, but are kidnap.

on the other side. Other
incidental points have been s -
which it is not necessary at this moment to
dwell.

Before entering upon the discussion of
the main points involved in this interesting
and important contrversy. it may be ne-
cessary to say a few words as to the actual
posture of the case as it now stands before
us. In the first place, then, the only parties
now before the Court, on the one side,lare the
United States, intervening for the sole pur-
pose of procuring restitution of the prop-
erty as Spanish property, pursuant to the
treaty upon the grounds stated by the other
parties claiming the property in their re-
spective libels. The United States do not
assert any property in themselves, or any vi-
olation of their own rights. or sovereignty,
or Laws. by the acts complained of. They
do not insist thatthese negroes have been im-
ported into the United States in contraven-
tion of our own slave trade acts. They do
not seek to have these ncgroes delivered up
for the purpose ofbeing transported to Cuba
as pirates or robbers, or as fugitive criminals
found within our trritories who have been
guilty of offences against the laws of Spain.
They do not assert that the seizure and bring-
ing the vessel and cargo anrl negroes into
port by Lieut. Gt-dney, for the purpose of
adjudication, is a tortious act. They simply
confine themselves to the right of the Spati-
ish claimants to the restitution of their prop-
erty upon the facts asserted in their respective
allegations.

In the next place, the parties before the
Court, on the other side, as appellees, are
Lieut. Gedney, on his libel for salvage, and
the negroes (Cinquez and others) asserting
themselves in their answer not to be slaves,
but free native Africans, kidnapped in their
own country, to illegally transported by force
from that country, and now entitled to main-
tain their freedom.

No question has been here made as to the
proprietary interest in the vessel and cargo.
It is admitted that they belong to the Spanish
subjects, and that they ought to be restored.
The only point on this head is whether the
restitution ought to be upon the payment of
salvage or not. The main controversy is
whether these negroes are the property of
Ruiz and Moutez, and ought to be delivered
up; and to this accordingly, we shall first

“ ’* ion

rose on the master, and took possession of

direct our attention. It has been argued on

 
 

0- Afr" '' s,,who, by the laws of Spain itself
 emifled heir freed0_m,.and were kid-

. timed to Cuba and
implled and Illegally ‘ ined on board of
illegally detained rnd re i - . h
the Amistad there is no t 0 Sayt at

. pre enc . ..

they are pirates or robbers. We m- 
merit the dreadful acts bv which they assert-
ed their liberty, and took possession of the
Amistad, and endeavored to I'€'0'ain um’,-,
native country; but they cannot Se deemed
pirates or robbers in the sense of the law of
nations, or the treaty with Spain, or the laws
of Spain itself at least so far as those laws
have been brought to our knowledge; nor
poghe libgls of Ruiz and Moutez assert them
0 e suc .

This posturei of the facts would seem of
ilself to put an end to the whole inquiry
upon its merits. But it is argued, on be-
half of the United States, that the ship and
cargo and negrocs were duly documented as
belonging to Spanish subjects. and this Court
have no right to look behind these documents‘
that full faith and credit’ is to be given td
them and that they are to be held conclusive
evidence in the case, even although it should
be established by the most satisfactory proofs
that they have been obtained by the grossest
frauds and impositions upon the constituted
authorities of Spain. To this argument we
can in no wise assent. There is nothingiu
the treaty which justifies or sustains the
argument. VVe do not here meddle with
the point whether there has been any con-
nivance in this illegal traffic on the part of
any ofthe colonial authoritiespr subordinate
officers of Cuba, because, in our view, such
an examination is unnecessary, and ought
not to be pursued unless it were indispensa-
ble to public justice, although it has been
strongly pressed at the bar- Vlfhat we pro-
ceed tipon is this: that although public doc-
uments of. the Government accompanying
property found on board of the private ships
ofa foreign nation certainly are to be deem-
cd prime. fc_z.cie evidence of the facts which
they purport to state, yet they are always
open to be impugned by fraud; and whether
that fraud be in original obtaining’ of these
documents. or in the substzqueut fraizdiiicnr.
and illegal use of them, when once it is sat-
isfactorily established, it overthrows all their
sanctity, and distroys them as proofs. Fraud
will vitiate any, even tiie ruost solemn trans-
actions, and an asserted title to property

 
 

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