The Republican ; and Savannah evening ledger. (Savannah, Ga.) 1807-1816, April 14, 1807, Image 3

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’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