Newspaper Page Text
’j” • •. h<* trouble! no further about
jcnizatv but Mil out a day or l\vo al
u*ds> as I observed, for me federal city.
■■uve been informed by u gentleman, w-ho
J. vatehez some time after me, that judge
•.vy thinking the bond which had beeu giv
. ... colonel Bur.’ and sureties could not be
v; ed, had undertaken to draw anew bond
1 >. he saved those gentle ■ sen the trouble of
by signing it for them : and had rur
j .i red this new bond to the governor as for*
f •.!, for which, my informant added, the
had been indicted for forgery,
r.m Sir, your most obedient, humble ser
. , Robert Ashley.
>’ .B. Ifit had been the wish of colonel Burr
t. ; n to Florida, by taking a south course front
hez, he might have reached that country
; teas than a day, the line between the Span*
j • -s and Mississippi Territory being only
< forty miles below Natchez. On the con
• r\, the colonel, as I mentioned, was cn the
a road to the federal city, and had travelled
;... .at three hundred miles near eastward.
Richmond, April 3.
“die examination of colonel Aaron Burr,
- .ten commenced in private at the Eagle tav
• ,i, in this city, on Monday last, uas continued
< Tuesday at the Capitol, before the chief
, ice of the Uniied Elates, and in the pres
< ,eof an assemblage of the citizens
v Monel Burr had been recognized to appear
. 10 o’clock. At half past ten he presented
: kiiselfbefere the judge, and with some degree
t e-notion, apologised for the apparent delay,
, echoing that he had misapprehended the
!. jur at which he was bound to appear. The
’ tdge then adjourned from the court room to
• e hall of the house of delegates, for the better
accommodation of the spectators.
: Great complaint has been made about the
f-ivate examination held at the Eagle. Some
Nave branded it with the epithets of “a secret
a r.l unprecedented proceeding, nc t unlike the
process of a Spanish inquisition.”—The facts
are said to be, that when the attorney for the
riistiict, applied to the chief justice for a wui
j ant, some conversation ensued on the manner
of examination. Mr. Marshall observed, that
i. was indifferent to him whether it was held
~t the Capitol or at the Eagle. Mr. Hay ob
> acted to the latter, that no room was sufficient
ly large to receive the crowd that would at
i end, which would be a source of considera
ble inconvenience. Mr. Marshall observed,
that this difficulty could be obvitaed by hav
ing the examination in private. To which
Mr. IT. assented, on the condition, that if
there were a discussion by council, that they
should adjourn to the capifol. The evidence
to be adduced, was ■.’ready before the public.
—On the examination, it vv :s agreed, that a
discussion was necessary. Mr. II then moved
for an adjournment to tlie capital. In which
arrangement, colonel Burr’s council immedi
ately acquiesced.]
Mr. Hay, attorney for the United States, in
the district of Virginia, opened the examina
tion, and in a speech of considerable length
and great perspicuity, enforced the reasons,
Which induced him to behove colonel Burr
guilty of tire charges which had been allcdged
against him. These were the same as stated
in the last Enquirer, viz: Ist. The setting on
foot, and providing the means for a military
expedition against the territories of a nation
with whom t ie United States were at peace ;
and 2d!y. for high treason against the United
States.
He cited Blackstone’s commentaries to shew
that on a mere question, to commit a person
accused of a crime, nothing more was neces
sary than to shew a probability, that he had
been guilty of it. To require more in this
incipient stage of the proceedings, particularly
in a country of such thin population and ex
tensive territories as the United States, would
be to hold out an invitation to perpetrate crimes
with certainty of avoiding punishment. In
support of these charges, the testimony of gen
eral Eaton ; the deposition of general Wilkin
son, and the disclosures mad to hime bv Boll
man and Swartvvout, were relied on. The
treasonable intentions of colone.l Burr, being
clearly established, enough appeared to render
it highly probable, that he had committed the
overt act, required by the constitution to ccu
sumatc the offence. In addition to this testi
mony, his flight from the Mississippi territory,
and the evidence of major Perkins, by whom
he was conducted from the Tombigbcc, (where
he was apprehended) to .his place, stating his
attempt to appeal to a magistrate in the state of
South-Carolina, were adduced as strong cir
cumstances to prove his guilt.
TMr. Hay adduced other reasons for a com
miunent; among others that the executives
and legislatures of Ohio and Kentucky had
sanctioned by their own acts the probability of
tome treasonable conspiracy.]
Mr. Burr’s attempt to escape from the hands
of Ids escort is thus represented; In passing
through the town of Chester S. C. the first
town of any size that hey visited, Mr. Burr
suddenly alighted from iiU horse, and threw
himself among the small crowd, which had col
lected to see the cavalcade. lie told them that
he was Burr ; dragged by a military escort,
without any warrant, and contrary to the laws
of his country.—Major Perkins however im
mediately followed, seized, and replaced him
upon hi. horse.—The crowd manifested no
di -nr,:,’ 1 ;n to interfere in the business.]
Mr. Wickham, in bch.-if of colonel Burr,
combatted with yreat ingenuity the aigunumic
of Mr. Ha contended that*facts e'.ia-
the guilt of the accused ought to be
nrovod be;ore any infer, cnee of a tre .tumble
cls'at 0 n could bes. •- ■n, y at; t v •:> to..
rent a judge in commuting for trial; that the j
evidence in this case, was aitogt ;I.er uncertain I
un.. illegal, tliat the deposition of general Ea-j
ton contained its own sell condemnation, and ]
that the flight of colonel Bun-, r,s it was termed, j
by the counsel for the prost-i utiou, was nothing I
move than a \vi ,h to avoid military persecution. |
No reason, he contended, existed v. hv the U- |
nited States were unprepared with testimony. <
They had chosen ib.is place as the scene of j
action, and drammed colonel l.nrr to it. Suffi
cient time had elapsed since the first apprehen
sion of colonel Burr to take affidav its, tending
to prove the facts charged, if he had really been
guilty.
Mr. Randolph on the same, tide made r.n
-eloquent address to the feelings of the audi
ence, and pursued nearly the same train of rea
soning adopted by Mr. \\ ickham.
[Colonel. Burr’s counsel asserted that h ; s
obj, cts were of a nature to he useful to the U.
States. As far as they ventured to develop,:
them, it was said to be his intention to assist
the United States, in care ol a war with Spain,
which scented at that time a probable event;
and to settle the Walehiu gram, hum which
point it would be at least in the power of colo
nel Burr, to be a useful auxiliary to his country
against its enemies.]
Colonel Burr then arose and addressed the
judge. lie principally rt tied on his two for
mer acquittals, and enquired whether there
was probable cause to suppose him gtuitv,
when in Kentucky and the Mississippi territo
ry, where the greatest alarms had been excited,
the civil tribunals had pronounced him inno
cent.
(Colonel Burr spoke about ten minutes. He
dwelt upon the unfounded alarms (as he called
them) whiiffi had existed in the western coun
try ; and the way in which he had met them.
The alarm prevalent in the state of Ohio, had
produced a judicial enquiry into his conduct
before the court of Kentucky. ike moment j
he heard of this step, he had hurried before )
the. court; he demanded an enquiry ; and he j
s,.id was honorably acquitted. ‘1 lie same alarm j
followed him to the Mississippi territory: he*
had there met it again : and not only had tne 1
grand jury found nothing against him, but they j
had even presented the government for men* j
diing with him—He denied he had evei lied j
from the laws of his country : it was miiituiy j
oppression he had avoided. Although Cowios
ivlcad had promised him his protection, white j
he remained in the territory, it was a promise I
which could not be kept. The arm ol force 1
was too strong. lie had been told even by the j
officers of an armed boat laving at Natchez, j
that he was to be seized, hurried on board, and j
borne oil'. What could he do ? In pursuance j
of his own judgment and the advice of his best j
and wisest friends, lie was determined tolly!
front the oppression—He declared it to be false, ]
utterly iaise, that lie had broken his recogni- j
zatice. He asserted that his designs had Lech jj
honorable and would have been useful to the 1
United States. But even dmiiung that they 1
had been otherwisu, they must have been long I
since abandoned : they had not once ripened |
into overt-acts. There was no tieason—lie j
complained of the treatment he had expe iei - j
ccd : his loss of property horn seizures on the I
western rivers; the hardships received from ids j
guard ; debarred the use of pen, ink and paper ; !
even to write to his daughter. He dwelt upon l
his effort te escape in South Carolina. He Said 5
it was a mere attempt to throw himself out of |
the tyranny of a military escort into the hands j
of a civil magistrate. A little befoi eor after |
dismounting from his horse, he asked whether !
he had not called for the interference of a ma
gistrate. lie spoke as to the alarms of Ncw-
Odeans being considered as a probable evi
dence of a treasonable conspiracy. 1 hose
alarms were not produced by him, but by oth
ers. By the President, who had alarmed gene
ral Wilkinson, and gen. \Y. who had alarmed
the-city. Respecting Wilkinson and Eaton he
made but few observations. He called the de
positions produced before the court a parcel of
crudities which he should not pretend to Le
able to understand.
Mr. Rodney, tiie attorney general for the
United States closed the arguments. His ex
ordium expressed in a most sensible and im
pressive manner, the regret he felt in being
compelled to arraign a man as a traitor, whom
the people of the United States had once ele
vated to the second office in the government.
In discussing this particular question, he took
nearly the same ground which had been occu
pied by Mr. Hay, but went more particularly
into an examination of the testimony.
When the arguments we: e gone through,
the chief justice observed, that whatever opin
ion he might give upon this subject he wished
it to be in writing. He would therefore ad
journ tiil the next day at 11 o’clock, for the
purpose of having time to consider the ques
tion.
On Wednesday the first of April, the judge
attended, and in the presence of a very nume
rous assembly, gave ins opinion.
Judge Marshall then observed, that he should
not commit colonel Burr on the charge of trea
son ; but that he should hold him to bail, on
the charge of setting on foot a military expe
di'ion against the dominions of Spain : That
with respect to the amount of bail, he had
made up no definitive opinion. He wished it
to be neither too large to amount to oppres
sion, nor 100 sma'l to defeat the objects of jus
ice. It hud occurred to him, that the sum of
10.000 dollars would perhaps avoid both these
extremes.
Mr. Hay w u s in favor of a larger sum. He
had no doubt, from the spirit which had been
mumrir’ ted, that colonel Burr could o’•lain bail
■ cry amount L: piy.jstd. The day
hefci'A, eoioticl Burr bad obtained L.,11 for 504K1
dollars and he believed without any solicitation
on his part.
Mr. Wickham had supposed that 5 or 6000
dollars would have been sufficient. It was only
on the misdcin xmor, that it was to be given.
With respect to the possibility of obtaining
Bail to any amount, he was tumble to express
any opinion; it was a subject with which he
was personally unacquainted. But as to the
spirit which it was said hud been manifested,’
he could say, that he had heal'd several gentle
men declare themselves unwilling to appear as
bail for colonel Burr, lest it should be ascribed
to a spirit of opposition to the administration.
Colonel Burr rose and observed, that if the
government was to pay him for the losses it had
made him sustain, 40,000 dollars would not in
demnify him. And yet this circumstance
might operate against Ins obtaining bail to a
large amount.
Mr. Hay replied.
‘] i;o judge then observed that he should fix
the bail to 10.000 dollars and that he would
meet colonel Burr at the cauitol at 3 o’clock
to receive it.
At 3 o’clock, the judge met the parties :
when Me-srs. Thomas r l a\ lor, John G. Gam
ble. John Hopkins, Ilenry Ileth,and. Lang
born appealed as his securi.ies.
The affidavit of commodore Truxton did
not get to tiie hands of the attorney of the Uni
ted States before Tuesday night ; of course ii
was not exhibited on the examination. Mr.
Rodney Lit this city yesterday morning, for
Washington.
Savannah,
TUESDAY EVENING, APRIL H, 1807.
Some of our readers may, perhaps, have ex
pected to see, tin , evening, a reply to the at
tack made this morning by the Editors of the
Museum, on tiie Court of Ordinary. We do
not loci ourscivcs at liberty to notice it, as we
perceive nothing in it cvellcd at us. Cur pa
per, however, shall he open to any communi
cations on the subject. Rumours have been
circulated to our disadvantage, in consequence
ci the order ol the- couitol ordinary, published
by us some day s since ; but they are vvhoiiv
unmerited.
A letter received at Xcw-York from Cadiz
of the 33d atiuary says, an order has just been
tec tired from Madrid, reducing the quarantine
oi vessels iiom the northern states ni America
to fifteen days, and those from the southern
states to twenty days.
Captain Spencer, of ship Grace, arrived
: there, informed that orders from England were
| received at Demeraru, prohibiting without re
| serve, the lancing of my goods in American
bottoms, excepting lEh, flour, and lumber, and
; also prohitnring tfosoiutely the exportation of
sugar am! coffee. Repeated remonstrances
were mace against this order bv the planters
‘ and merchants, and every effort made to ob
| tain permits to skip sugar and coffee, but refu
| M.d on the ground that the governor had no
! right wit* out permission fiom home. Mar
| nets wcic glutted with American produce.
| We are sorry to lc-.itn, that on Thursday
| last, a fire hi oke out in a fodder house, belong-
I jug to Mr. Eoctree in Sparta, and soon com
j municated to his dwelling house and store, j
which, with the principal part of their contents
were total!)’ destroyed—the wind being high,
the flames extended to the Grocery Stoic of
Mr. Sanford, and to the Court-House in Sparta
both of which were also burnt to ashes—sever
al other houses we understand were once or
twice cn fire, but the exertions of the citizens,
prevented any further destruction—the injury
sustained, has been very considerable, Mr.
Rountree’s loss, we are told, is not less than 10
or 12,000 dollars.— lusr. Her.
- - ——
FORT or SAVANNAH.
a aui van.
Skip I.onifiana, Burnham, New-York
Elizabeth, Bowden. Jamaica
Brig P.ehecca, Anderson, Lofton
Joanna, Prince, Eiiboa
Alexander, Aftyn, Antigua
Sloop Republican, Dcnnifon, Charlelton
CLEARED.
Ship Magnet, Burner, Liverpool
——— liOwden, Murray, do.
Brig Fame, Ham, Rotterdam
Mount Vernon, Martin, Providence
Amazon, Copp, New-York
Sloop Nar.cy, Gorham. Charlcfi.cn
Captain M’Coh arrived at Charleftott on Saturday
lafi, spoke, March IS, in lat. S.S, ship Martha,
Fawn, from Liverpool for Savannah—fell in with her
again on the 2!fi March, and parted in lat. 29, 58,
long 58, 26.
UV rw t ——— r —^— ■~~~~~r~r~-Kri-Tn—jjKjjjß
*** The passengers in the schooner
EXPERIMENT, Captain M’l.ian, for CHARLES
TON, are requested to be on board, precisely at 12
o'clock To-Morrow.
April 14. ss
*** Perseus inclined to subscribe
to the MYSTERIOUS FATHER, a Tragedy in five
adts, written by a youth of Savannah, (a native Geor
gian) are informed, that Subscription papers are left at
the Eook-ftores of Mr John Hill, and MefTrt. Seymour
it Woolhnpt r, and at the Printing-Offices of MefTrs.
M’Leau & Barnea, and John F.Lveritt.
A* 0 r / C E.
*** The Pew-Holders in’the Pres
byterian Church, arc requested to attend To-
Morrow afternoon, on particular business, im
rnediatc ly after the Lecture, which commen
ces at 4 o’clock,
April 14> 35
Sales at Auction.
TO-MOKROIV , the at 11 o’, lock, rtnU
le sl id on Cun/tt without rest rue,
10 libels, prime retailing SUGAR
6u bags do, COl FEE
10 hhtls. Boston RUM.
Conditions —All sums over 300 dollars, noteo
with approved indorsers at 60 days.
S; 11. STACKIIOL6E) Auet'w
J.ftril 14 s
S. and C. Howard,
Have received by t/.i schooner HeeEccj frtto
Postony
10 Hilda. N. E. Rum,
1(7 licrcea ditto
Hi bids. ditto
April 14. 5 S
C. H. Fisher,
Has received fu r sch. ltcbccca. fi oni Bcrtort^
New-England RUM, in heg{heads
l)o, - - - do in barrels
Calks of LINSEED OIL
Boxes of SPI KMACI 1 I CANDLES
Bags Soft-Shell’d ALMONDS
Which will be fold on moderate terms. Appl*
as above. _ ,
April 14. m— 35
S;ioe Warehonse.
Jufi received per fell. Rt liecca, r rom Bofion, at the Shoe
Warehoul'e, oppolitc die Savannah Shoe Store,
A fresh Supply ci SiiOi .S;
CONSISTING OF
Mona fine and common Shoes ; ladies Kid Slippers
do. black \elvtt <lo ; ladies b!a< k and coloured orocco
do. with aiid without heels, unites black aihl colour’ and
do. do.; do. leather do.; childrens morocco and leather
JJootees, &c. For laic at above, by
Atvarcz Fisi<.
April 14.) .
Union Society.
THE Members of the Union Society are defireri to
convene at the City-Hall, on THURSDAY, the J.'d
inlt ant, preciieiy at nr e o’clock in the forenoon, in
order to traniudfc she usual bufineit of the da), and ce
lebrate the amnverlary.
A SERMON v ill be preached before the society
by the Ut-v. Mr Koll ck, at twelve o’clock, in th
New Ihelbyteriui Church, St. James’ .square.
Peter ri. Lullittc, secretary.
Aril 9 33“
• Chambers,
Inferior Court, Challum County,
Savannah, April 0 h 1807.
Present, their Honors Edward ’I ki.faie,
W illiam Nmith, John li. Morel and
James Alrkk.
Okdkrf.d, That it be a {landing rule, that on pe
tition to any one of the Julfices in all rafen of applica
tion for the relief of infclvent debtors, the counsel for
tiie defendant or defendants, give due notice to t!-a
creditor or creditors; and w here a debtor or debtor*
are confined and unable to proci.re counsel, it shall be
the duty of the clei k to report the name or names o£
each confined debtor or dehtois to the court.
Oidereu that the fame be publifiied.
lixtvuct from the Minute.
(35) Job T. Boi.e.i, Clerk .
To Architects.
THE Subscriber being appointed to obtain plan*
and cflimate*, for a plain {ebftantial and com
modious Brick Church with Steeple and Clock, to fie
eredfed in tins city. He hereby offers a premium of
CNF HUNDRED DOLLARS to aiy j trsnn v/ho
may urnifh to him on or belore the fiift day if /Vu
4,aft next, the plan and edim.ite of fair! building which
may lie approved of and finally adopted
It is requested that in such plans at may he offered
special regard be had for obi aming a copio s adnuflion
and lase circulation of frelh air. dlfo iha( tliepew*
be fing.e, and in number at least one’ hundred ; each
fufliciently large lot the accommodation of fix or eight
per foes.
Such plans and estimates as may not he approved of
will be returned (if delired) in Conformity to a: y in
ftru&ions winch may accompany them.
■i iii V'n-nv..
The Printers in Savannah, Charleftr.n, Balti
more, Waftiington, Philadelphia, New-Vork .ind Bos
ton, are requested to inlert this ad”ertifenient,and for
ward their bills to the printers hereof
Augnlta, Georgia, April • u 85
Administratix S.Jes.
WILI.BE SOLI) on TbDßsbat lift of May
next, at I)avi’s Old field, near Clierokee-Hill,
Chatham coutlty, a part of the perf nal pioperty, of
JoiinGrzgurv late of said c ninty, dtceafed.
CONSISTING OP
One Horse, a number oi Cows, and
Calves, and other small Cuttle.
Sale tocomence at If) o’clock,
Conditions, Six months eiedit, giving a note with *p.
proved security.
Ay order of the Adminiatratix.
Joseph jJavis.
April 14. si
The Subscriber
HAS received a supply of OATS and HAY, which
wi 1 enable him to treat hotfes in the best manner.
He has heretoloie not had it in bis power to giv* lucb
fatisfaction a he would wish, on account ol the leaici
tv ol provender. Thole persons who employ him in
this way that may not be fatilied, will not be asked
for pay.
John Jones,
Sign oft Indian Queen.
tPf He has an experienced 0.l *’ and liter, wfat,
conltantly attend the ftabkx
April li, * IX3