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TUiAL OV LOLUNLL buRK. FEDERAL COURT. JOci/M'jND, Safurduy Morning, June 13. Tlic court have been occupied during the last Ui cc (L)b, on llie -motion to obtain a xub jiiC ia duees tecum, aiiurtssed to the Piosiilcnt ui ait Untied ‘tales. vVc h.ne net ..lied a part of the argument that w..s iiiuiu . iiicu fii \\ chut sduy on this mb ject. .or. Mai tin was im. iiuii by Messis. M’Grae. Betts, ..lit ai.u v\ ickhain. . In t Inn suav the grand jtuy wcie adjourn ed o.e.r ml ton y : ui.o lue atgumeiit was remlined by Mi. li-y, who was succcencd by Mr. Randolph. On Friday, the argument was continued by Mr ..ui in an*l closed by Mr. lluir Ihe court have not yet given tneii dec smnoti this interesting point, .vlr. Burr obxe> vtd,that us general vViikiuson mi,,hi now be expected in li short time befme the court, i. Was utuiable to obtain u prompt decision. On the conclusion ot this argument, JVr -11 n r addressed the court : i.c observed that this was perhaps the most proper lime for ic newing the motion, wideh he hud seme time ago made to the court, about giving more spe cific, instructions to the grand jury, on certain points of eviuence. 1 hese [mints he liad re duced to wilting in the form of abstiact propo sitions. whicti he would take the liberty oi lead ing to the com t : The following is a list of those propositions with the authorities cited to support them : 1. That the grand jury cuntiot, consistently evilh their oath, find a bill escept on such te - tiinonv as woiil I justify a petit jury to find tin prisoner guil y. . Foilrr, 23 ■ trc. B—3d, Irft'lu'e, 25—'d InOitute, ;|HI— Ultnn, a, ‘l—Judge Willoti’n works, vol. .:tl. 3 I —| W. Wil iams’ Jultice, lid. Vol. primed 179*—:|.l State T 1i 9.42 H and Sir John Haw it’s ohl rvatmns, I .s. I , 18:1 Irh li ark. 3,)2 t* 306-- gd Hale, chap. 8, page 6l Wilfmi't edition w.th Wilton’s note—2d Hale, chap. 22, page 1.37, with Wi fnn'ii note—vd Male, ch ip 22, page 16<r, with Wi Inn’s noit—l unnmos riici 2d fee. 39 page. 124 5-6—state I', page 3—Falter, page 2.12, tec. 8. 2. 1 nat no tciiiiiionv or witnesses ought to go to tlie grantl jury but whui are legal and in npcicui to siipnort the charge about which the enquiry is made. l*anby’ Cife, I rath, 443, chap 187—Dodd’s case, I each, .39 chip 77—Coin iionwealttvoi Virginia vs II iplia n. VVar.es and llaan, helure the C3. v-ouit at M ntianifburg, 3. In lino rand jury cannot return a bill for trea ion lor levying war against me United Stales, unless llioy n ive t.vo wiinessc > who swear to tne overt act ol the treason laid in the i idii inieiii; both which witnesses are believ ed hv them. Rail’s Ciown • arv,chip. 2d sec. 54. 1 liat both mult be t>e.ir,a :td Hate trials page 38. 4. I nut there, must Le o™ witnesses to the grand tury of each overt act, inflows also as a r""‘ ‘| eiu.e fro in lie former position, that they must have such testimony as would he requisite for the petit jury. •> 1 hat the grand jury cannot find a bill for treason in consequence of any confessions m ule, though proved by two witnesses. Fofier, 241-3. 4 B*ack. Conllitutioti of the U. S article 3d. fee. 3 Tnydnn’s Digefl, 11—Judge Iredell’* charge—Frits’trial, 171 172 v tall, 86 <J7. 6.1 hat as tit • g mh:l jury only hear evidence on the p triolihe state.it upon mat evidence they entei tain a doubt of tne truth of the c h irge. they ought not to find the bid, as the pi vs 1 1 option is ever in favor of innocence. Ift McNally, 2to . 7. Si uci Ot a ihii and person can he given in evidence agu list the accused to prove him g .ii.y ol treason, or ol a misdemeanor undo tpc law of 5 h June, 1794. unless that act is proved inline been com nil ted hv the advice, e niiiii.ind, dreeti'i'i. or instigation of the accu sed, il done ii his absence, or if done in his piesence, unless it be prove I that the accused v ,s .a ling nr assisting. , A” afl th*t| hind a perfoti ennnedfed with tl e adt, hut the il, .laratioa lha.li not bind him, bicaulc no part of the act. McNal'y, 815 to 618. 8. The declarations of others cannot lie giv en in ew feme on the present en juicy to s p j> i 11 ne charge ol treason, or of a misdemeanor under die act of con ‘l ess, 15th June. 1794, un less u ne proven dial the accused was present an I i-se 1 e tre eto. Ra*l. 9 —’n csf* of confniracy,confidliivit good a"aintt him who nv.ik them, hm a t a uml> nrher, I’t-ak • li. Cos ih''. Peake 7 Heart u—Kelyin* 18cl M McNatiy. 4 >-41, coufcili.iu* of one cannot be re.id againll other*. 3d tare fill, 574. A relation of what had brtn done no evidence. McNally 6IS. Die iratiin* of o'hvra ia not evidence. 4 llitetria’, 199-198. 6 stare I'riaa, 218, in the pretence ofothera, the, ac gaiefcug. McNally, 621. Mr. llvt opposed this proceeding Hr contended, that the court had no right to give, specific instructions to the grand jury, alter thev h id b eti once generally charged bv the court ; that such a course was contrary to all 1 iw .aid all precedent, that nota single instance cniitd be qumed to siipjxirt it ; and that the e we e cogent and in this inst nice particular rea s ns whv ci i.ntiutl prosecutions sh mid he suf f ■ ed to progress wi limit these interruptions H • further contended, that the Cnief Justi. e hil antieinted such a situation ; and that the language in his clearly indicated his esn—tatton that this would he laid before the gn and i>irv on the gmun i of tre ison ; and <h if UUUtp tuts expectation, the Chief Justice had dilated on the r.ahirc of treason, and given all the infoimation which he thought material; that there were no reason at all, why A. Burr should enjoy greater piivileges than any oilier man ; why he should take up all the old, mus ty, and absurd doctrines of antiquity and have them enlisted in his service ; and that he stood on the very same ground as any other man : that jierhaps all the propositions on Mr. Bui r’s list would not lie v anting at all ; or it tiiere should he any necessity for them, that these questions might be discussed as they succes sively arose ; that these discussions wuulu i.e ces ai in consume much of lus own time as well as the time of the court, which might pic bably fie devoted to moie useful purposes : and alter all. the grand jury might leluse to hear any instructions, and in that case, how couid they be commuted by the court j If the grand jury determined to jiay no regard to it, ol what avail would he the recommendation ot the couit, for it was in fact no more ? And il they were to find according to their own opin ions, and in the old way, how could the court know of this variation ? And how could they rectify it ? Mr. Botts replied. Ho stated that the gentleman had demanded precedents ; and yet it was blit the oilier day when that very gentleman kd enquired, w'hy w - c so constant ly resorted to piecedetits ; and why “e old not sometimes consult tlie principles ot common sense : that the grand jury were not that law less mob, which the gentleman had seemed to represent them ; and that they would not cer tainly act against the law, when it was proper ty expounded to them by the hi ad of the court; that although the chief justice’s cha’.gc was extremely able, yet it was impossible that ii could he so comprehensive as it might now he made, from the information which has since occurred ; and that the very necessity of gn ing any charge at all, shewed the propriety ol perfecting it ; that it was not colonel Burr s desire to co'sume much time, as it was his most earnest ns ;h to end at once the bonds ol recognizance and the public prejudice, whicti surrounded him : and that they were even willing to limit their share of the discussion to a particular time. I he Ciiikf Justick said, that it was usual and the lx stcourse for the couit to charge the pity generally, at the commencement of the term, anil to give their opinion on incidental points as they arose, when the grand jury, themselves, should apply to them for informa tion ; that it was manifestly improper to com mit the opinion of the court on points, which might come before them, to he decided on the trial in chief; that he had generally confined his charges to a few general jxiinls, without launching into many details ; one reason was, that some of the detailed points might never ai tse during the session of the grand jury, and any instruction on them, would of com se, be unnecessary ; another was, that some ot these points might he extremely difficult to be, deci ded, and would require an argument of coun sel ; because there was no judge or nrum, who would not often find the solitary meditations of his closet very much assisted by tlie discus sions of others ; that he would have had no difficulty, however, in expanding his charge, ii he had been particularly requested to do it, or if he could have aa’injvated any necessity for it, and that he would have no difficulty in giv ing his opinions at this time on certain points, on which lie could obtain a discussion by the counsel, provided he did not. tneteby commit Ins opinion oil the trial in chief. Mr Burr then requested him to inspect the list of p opositions which lie had prepared; lie might then determine which of those points would admit of the delivety of his opinion ; and which would not The list is now in the possession of the court: and here the business rests for the present. The gentleman who came out to summon witnesses on the puit of die United States, passed through this place some few days since, on lus way to Richmond, lie had obtained very important testimony against Burr ; had summoned several wi.nesses and taken their depositions, with which he was hurrying on to lav before the Uniteh States attorney. Should tin: 1 1 i it ol Burr commence on llic2-d, as con cluded on, we apprehend he will be acquitted for want of testimony.— Much testimony is yet in tins country; and as some of those who couid give very essential evidence were once before the grand jury who tried colonel Burr here, we leel some anxiety to know how they have ucqimcd their knowledge of lus schemes. It appears that Mr. Wood. “ The man of the world.” has taken French leave of his friends in W ishington. No doubt his busi ness was so urgent, that a longer delay would have been injurious to his idea of liberty. His elopement was so sudden, that even his part ner was not apprised of the extraordinary movement.— Frederick Town fiafier. It appears from the following paragraph, that Mr Carpenter, editor of th* “ People's Put'.no \xn Daily Advertiser.” in New- Yoi k, has again failed in his utte nip's to con vince the citizens of the United States that they are “ their own worst enemies.” “ rhe subscriber, having determined to with draw himself from editing of the “People’s Friend and Daily Advertiser, ” gives this public, notice that that establishment is now offered for sale, Aiy person disposed to pur chase, will find it an object worthy of attention. The terms will lie ma le convenient in jaoint of time to die purchaser. “ S. C. Carp ENTER.” TIIE DRIVER, SLOOP OF WAR. From the New York Aurora. The late insolence ot the captain of this ves sel in the harbor of Charleston, has excited the snongesl indignation in eveiy American breast. i\o man can feel too much on this occasion, and none feels more than the writer of this ar ticle. But, while we aie orejielled by an honest ; n ,i laudable pride ‘o express our sense of this injury, let us take heed that we do not blame w here praise is clue. What would we think of a man who would a!n se an amiable wife, because a vagabond in the street had broken the windows of his dwelling? Equally unfeeling and under the in fluence of theii passions are those men, who, on every insult we receive from a loreign na tion, si c vociferous against the President of the United States. I will most unequivocally ex pressmy full abhorrence of the insolence and injustice of the British navy towards the Ame rican comment, ai.d deeply i egret that policy, not tie want of powei. pi events the immediate excitation of the Jaw of retaliation in kind. That day, my fellow-citizens, is not yetariived ; but Itt those men know, that their total disie gardof justice will hasten the appioach of venge ance, when their innumerable foul deeds shall meet with an ample lecompence. V\ lien seve tal great objects present themselves to tlie view of a government or an individual, the most important will of course receive the ear liest attention. This has been the conduct of the President of the United States, in the faith lui aisi barge of his executive trust. The rea son why the ports and harbors of the United States aie not fully fortified, is not because Jefitrson is opposed to the most ample defence, hut because Ins supeiior wisdom selected the inobUiiqiortant duties for his earliest attention. W'hui Jefferson first came into office, he found the g*veriiinent in tk.t confusion and terror vi in, me suits from the want of collect princi ples wd talents; the existence ol which alarm ed the nation, and caused them to transfer their concerns nv.o the hands of men whose senti ments on government were congenial vnh their own, and ot w hose integrity they had tlie most unquestionable proof. ’1 ic first duty ot government is to promote tlie cbrnestic happiness ot the nation, anu to this jjrand object die republicans fi st directed their attention. And here, permit me to say, in tht plainest terms, that the cordial poticy ol the Alneiicati republic is materially different from tfiat of the kings of Europe—the former is, to educate the arts of peace—tiie latter, the arts of war. It has generally been the poii, y of European governments to pay the inmost attention to their foreign relations, w hile they have ihamefuny neglected the condition of their subjects at home. Kmgs have always been vain of the admiration of foreign courts, and in proportion as they have succeeded in this ob ject, they have impoverished by taxation the people they govern. \V hat comfort will it af torit to the millions of starving wi etches in Eu rope to hear that their great monarch, by his immense armies, has dethroned kings of devas tated empties; or that his fleets have destroyed the navy ol a rival nation. I giant, it inay llat tet the too.ish pride of some, while it encreases the nuseiv of me more reflecting, as, in these splendid displays of regal giory they have fresh eviuence of the power of their oppressors. Republicans—plain common sense republi cans, we have not so learned the sciem e oi go vernment. We think the true way to com mand iexpert abroad is to be happy and pros perous at home, foreign nations then feel our independence and supc.iority; and though thev may and have insulted us, beyond a cer tain point they durst no go. VV hen the fede ralists were in power, they increased the na tional <febt to an enormous amount, and this evil was increasing in rapid progression— when the republicans succeeded, they resolved to destroy this devourer of the people’s sub stance, believing the exis ence of a national and bt the parent of all national calamity. Os this they have not, and l hope wilt not lose sight, until the last cent is paid off. Tne tax es, and many impositions of the former admin istration were removed in a short time, but to remove the national debt is the work of 10 years to come. It wilt be asked, are we to be expos ed to the piiacy of Britain and France until our national debt is entirely paid off? I answer, no —a parti and noil-importation act, operating on the offending nation, together with a gradu al improvement of our fortifi, ations are the great objects which should engage the atten tion of our government, and will, I believe, check the insufferable insolence of Britain. When tbc national debt is puiimiistiefl, we shall jxissess the most ample means for the most ample defence, and this without the least possible burthen on the nation. It shall grow out of our prosperity as the apples grow on our trees, or the grass on our ground. Before 1 close this paper, I will express my most unqualified approbation of the sentiments and conduct of the President, in relation to fo reign nations. and my undimiiiished confidence in the wisdom of his luture measures—that thev will be dignified, spirited mil yet mode rate—that they will be such as to stifle the breath of calumny, a id receive the approba tion of American republicans and a discerning world. FRANKLIN. A member of the legislature of Massachu setts has offered a bill to enforce the punctual payment of hills at the several banks ; which was read a first lime and committed. It is said the bill contemplates the infliction of a penalty of five per cent, on any sum presented at the bank for specie, for every period of 12 hours, which shall elapse between the time of pre senting the said bills, and their anal payment. VIENNA, March 38. As scon as tne English fleet I artived be fore Constantinople, vice acmiral Duckworth dispatched two last sailing cuttcis n to tne L’atk Se..—probably to inform the Russian fleet, which lay at the mouth of the Dinan near kilia, of his arrival. As all the strong castles on the coast of Asia, all along the channel, aie in the possession of the Turks, and cannot be taken but by regular sieges ; for which the English have not a sufficiency of troops—the English fleet is in a very ciitical situation, for the Turkish garrisons of these casties, amongst whom theic are certainly a great number of Frenchmen, might take into their hera.s to the red-hot bulls upon the EnglLh ships as they pass by. BRESLAW, April 9. On the afternoon ot the 4 h inst. a party of 200 infantry and 20 cavalry, diew off from Clratz, and diicctcrt their march towards the village of Fetiovv etz, for the putpose of piocur ing provisions. General Lefebvre immediate ly fell ujion them in the evening, and soon o biiged them to retreat to the fort ; besides the killed, the enemy lost one hussar officer, ten mounted hussars and six fusileers. BAMBERG, Ap.il 10. Direct information from the French head quarters, dated Posin, March 21, confirms irotn an unquestionable source, the previous rum ours respecting overtures making between the belligerent forces, and further states, that a continental peace will, without doubt, be the result. HAGUE, April 14. The rew loan is already completed and subscriptions can only be had at second hand Accounts from London state, that 120.000 * pound*- sterling has been shipped on beard two armed vessels destined for the Baltic. The allies of Great-Britain, according to the dis patches of lotd Hutchinson, appear to stand in great need ot this subsidy. There is also a great scarcity of arms. LOWER ELBE, April 16. The Swedes have taken possession of the fort of Swineniude, by the aid of gun boats Marshal Mortier, with a considerable corps, attacked the garrison at Stralsund, which he probably has, by this time, obliged to take shelter in the fortress. Last night, or the night before, the whole body of foreign troops (the Geusbarmen excepted) marched out of Hamburgh. The posts in the citv and the gates are now supplied by the city soldiers. The garrison at Dantzic is from day to day reinfoiced. Eleven thousand men ate to em bark for that place from Memel. The rumour ot a determined armistice, and faint appearance of peace lias completely van ished away The prince ofßenevento ilissaid is shortly going to Berlin. PARI s ), April 10. By an imperial decree of the 20th of March, the establishment of five legions of reserve for the interior, and foi the protection of the fron tiers and the sea coast, is ordered. Each le gion is to consist of five battalions, ch battal ion of eignt companies, and each company of 160 men. Each legion is to be commanded by a senator, and receives but one standard or eagle—their uniform is to be the same as that of the line. The first legion meet at Lisle, the second at Mentz, the third at Rennes, the fourth at Ver sailles and the fifth at Grenoble. By two impei ial decrees, the fortifications u{ Brest and Antwerp have been declared in a state of siege, and the senator Abboville has been appointed governor of Brest, and the sen atftr Feiino governor of Antwerp; both have the command of sea and land troops, and tike vvisc of the national guards, and they have ex clusively the direction of the police of the city where they command. The inspector-general of the military hospi tals, Mr. Desgenetier has received orders to go to the grand army. HAMBURGH, April 19. Letters from Memel, dated the 2d of April, mention the arrival there of the Emperor of Russia. Their majes ies the Empeior of Rus sia and the king of Prussia, a few days after, intended to repair to the army. A Prussian corps is embarking at Memel for Dantzic. It is not mere report that Spanish troops ate i pon the march towards the Elbe. 1 hey are actually to ‘ in 15,000 French ttoops that ate now gathering along the Rhine. FROM LATE LONDON PAPERS. Lord Hutchinson sent home with his last dispatches, a part of one of the French Eagles tstandaids) taken in the desj)erate action ot Ey lau. It is numbered on each side “44.” This trophy was accompanied by a medal of the French order, which was taken by a Russian from a French officer of distinction, whom he found dead on the field of battle. It was sus pended front the button hole of the coat by a crimson ribbon, and is about the size of a half crown piece. On one side is the head of Bo naparte in gold, encircled with the words, “ Na poleon entp. des Frampix,” and on the other, a corresponding medalion with the inscrip tion “ L’Hotvneur de la Patrie.” The medal of the French order of merit, which, with a part of one of the enemy’s Ea gles, have reached London, (and which we have already described.) were sent home by Sir Robert Wilson, who was present at the memorable battle of Eylau. A war contribution of a million, has been imposed ou the city of Berlin.