The Republican ; and Savannah evening ledger. (Savannah, Ga.) 1807-1816, July 18, 1807, Image 2

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BY THOMAS JLFFERSON, President of Ihe United Gluten oj .Imcriia, A PROCLAMATION. During the wan which, for some time, have prevailed among the powers of Europe, the United States of America, firm in their princi ples ol peace, have endeavored by justice, by a regular discharge of all their na ional and so cial duties, and by veiy friendly office their situation has admitted, to maintain, with all the belligerents, their accustomed relations ol friendship, hospitality and commercial inter course, Faking no part in the question which animate these pow< is against each oilier, not permitting themselves to cr.tcitaiii a wish,hut lot the restoration of general peace, they hate ob served with good faith, the neutrality they as sumed, and they believe that no instance of „ departure fiom its duties can be justly imputed to them by any nation. A free use of their har bors and wateis, the means of refitting and ve f r'-shincni, ol succour to their sick and suffer ing, have, at all times, and on equal principles, been extended to all, and this too, amidst a con stant recurrence of acts ol insuboi dmation to the laws, of violence to the persons, and ot trespass on the property of our citizens, coin tnuted by officers ol one of the belligerent par ties, received among us. In truth, these abuses of the laws of hospitality, have, with lew excep tions become habitual to the commanders ol the British armed vessels hovering on oui coasts, and frequenting our harbors. They have been the subject 4 repeated representa tions to their government. Assurances have been given, that proper ordeis should restrain them within the limits of the rights and of the respect due to a friendly nation ; blit those orders and assurances have been without effect; no instance of punishment for past wrongs has takenplace. At length, a deed transcending all we have hitherto seen or suffered, brings the public sensibility to a serious crisis, anil our forbear ance to a necessary pause. A fiigate ol the United Stales, trusting to a state of peace, and leaving her harbor on a distant service, has been surprised and attacked by a British ves sel of superior force, one of a squadron then laying in our waters and covering the transac tion, and lias been disabled fiom service, with the loss of a number of men killed and wound ed. This enormity was not only without pro curation or justifiable cause, but was committed with the avowed purpose of taking by force, from a ship of war of the United States, a part of her crew, and that no circumstance migh be wanting to mark its character, it had been previously ascertained that the seamen demand ed were naive citizens of the United States. IU ving effected his purpose, he returned to anchor with his squadron within our jurisdicti on. Hospitality under such circumstances ceases to he a duty ; and a continuance ot it, with such uncontrnled abuses, would tend oi>ly by multiplying iojniies and li illation, to bung a rupture between The two nations This extreme resort is equally opposed to the interests of both, as it is to assurance of the juost fiiendly dispositions on the part of the British government, in the midst of which this outrage has been committed. In this light the subject cannot but present itself to that go vernment, and strengthen the motives of an honorable reparation of the wrong which has been done, and to that effectual control of its naval commanders, which alone can justify the government of the United States in the exer cise of those hospitalities it is now constrained to discontinue. In consideration of these circumstances, and of the rights of every nation to regulate its own police, to provide for its peace and for the safety ot its citizens, and consequently to refuse the admission of armed vessels into its harbors and waters, cither in such numbers or of such descrip'ions, as are inconsistent with these, or with the maintainance of the authority of the laws, I have thought proper in pur suance of the authorities specially given by law to i sue this inv Proclamation, hereby re quiring all armed vessels bearing commissions under the government of Grcat-Britain, now within the harbors or waters of the United States, immediately, and without anv delay to depart from the same, and interdicting the entrance of all the said harbors and waters to the said armed vessels, and to all others bearing commissions under the authority of the Biitish gevernment. And if the said vessels, or any of them, shall fail to depart as aforesaid, or if they or any others, so interdicted, shall hereafter enter the harbors or waters aforesaid. I do in that case forbid all intercourse with them or anv of them, their officers or crews, and do prohibit nil supplies and aid from being furnished lo them, or any of them. And I do declare and make known, that if any person from, or witli.n the jurisdictional limits of the United States, shall afford any aid to any such vessels, contrary to the prohibition contained in this proclamation, either in repair* ing any such vessel, or in furnishing her, her officers or crew, with supplies us any kind, or in any manner whatsoever, or if any pilot shall assist m navigating any of the said armed ves sels, unless it he for the purpose of carrying them in the first instance beyond the limits and jurisdiction of the United States, or unless it be in the case of a vessel forced bv distress, or charged with public dispatches as hereinaf ter prov ided for. such person or persons shall, on conviction, suffer all the fines and penalties by the laws provided for such offences. And 1 do hereby enjoin ami require all per sons Rearing office civil or military within or under the authority of the United States, and all other citizens or inhabitants thereof, or bc jii£ within the tunic, vvuli and promp titude to exert their respective authorities, and to be aiding and assisting to the carrying this proclamation and every part thereof, into lull effect. Provided, nevertheless, that if any such ves sel shall he forced into the hat hors or waters ol the United States by distress, by the dangeis ot die sea, or by the pursuit of an enemy, or shall enter them charged with dispatches or busi ness from their government, or shall be a pub lic packet for the conveyance of letters and dispatches, the commanding officer immedi ately reporting his vessel to the collector cf the district, stating the object or causes ol en tering the said haibors or waters, and confor ming himself to the regulations in that case prescribed under the aulhoiity of the laws, shall he allowed the benefit of such regulations respecting repairs, supplies, stay, intei course and departure,as shall he permitted under tie same authority. In testimony whereof, I have caused tin seal cf the United States to He affixed to these presents, and signed the same Given at the city of Washington, the se cond day of July, in the year of our (Seal) Lord one thousand eight hundred and seven, and ot the sovereignty and iucie pondence of the United Stales, the thirty-first. TH: JEFFERSON. By the President, James Madison, Secretary oj State. INSOLENT MENACE. NORFOLK, July 6. The agitation which our town was thrown into by the recent outrage had in some degree began to subside, and our citizens wailing in calm expectation for the measures w hich our government might adopt, wueti on Friday a movement of the British ships again excited it. On the afternoon of that day, the Beliona, Tri umph, Leopard and Melampus came up from Lynhaven Bay, and anchored in such a man ner, as evidently proved that they designed something serious. On Saturday a pilot boat came up to town, the master of which reported that he had been brought to by the Beliona, and charged with the following letter from commodore Douglass to the mayor of this place : His Majesty’s shift Beliona, Hampton Jloads, July i, 1807. Sir—l beg leave to represent to you, that having observed in the newspapers, a resolu tion made by a committee, on the 29th ultimo, prohibiting any communication between his Britannic majesty’s consul at .Norfolk, and ins ships lying at anchor in Lynhaven Bay ; and this being a measure extremely hostile, not only depriving ihc British Consul from dis charging the duties ot his office, hut at the same lime preventing me from obtaining that information so absolutely necessary foi his ma jesty’s service. lam, therefore, determined, it till, inhmgement is not immediately annulled, to prohibit every vessel bound either in or out of Norfolk, to proceed to their destination, un til I know the pleasure of my government, or commander in chief on this station. You must he perfectly aware that the British flag never has, nor will be insulted with impunity. You must also be aware, that it lias been, and is still in mv power, to obstruct the whole trade of live Chesa[eukc, since the late circumstance— which l desisted from, trusting that general harmony would be restored Respecting the circumstance of the deserters, lately apprehen ded from the United States frigate Chesapeake, in my opinion, must be decided between the two governments alone. It therefore rests with the citizens of Norfolk, either to engage in a war, or to remain on terms of peace. Agreeably to my intentions, 1 have proceed ed to Hampton Roads, with the squadron un der my command, to await your answer, which 1 trust you will favor me with, without delay. 1 have the honor to be, sir, Your obedient humble servant, J. E DOUGLAS. P. S l enclose you two letters, directed to the British Consul at Norfolk, which you will he pleased to forward him. To Richard E. I.ee, Esq. IMayor o/JYorfolk, Virginia. The mayor convened the recorder and aider men, vvlien the following was agreed on, and ordered to be sent. ANSWER Norfolk, July 4. Sir—l have received your menacing letter of yesterday. The day on which this answer is written, ought of itself to prove to the sub jects of your sovereign, that the American peo ple are not to be intimidated by menace or induced to adopt any measures, except by a sense of their perfect propriety. Seduced by the false shew of security, they may be some times surpi ised and slaughtered, while unpre pared to resist a supposed friend; that delu sive security is now, however, passed for ever. I’he late occurence has taught us to confide our safety no longer to any thing but our own force. We do not seek hostility, or shall we avoid it. We are prepared for the worst you may attempt, and will do wha'ever shall be judged proper to repel force, whensoever your efforts shall render any act of ours necessary. Thus much for the threats of your letter, which can be considered in no other light than as addressed to the supposed fears of our citizens. In answer to that part of it, which is particu larly addressed to me, as the first judicial offi cer of this borough, I have but to say, that you must be aware that the judiciary of no country posseses any other powers than those confer reu upon n. by the law. The same channel through which you have derived the intelligence stated by youiself, must have also announced to you, th t the act of which you complain, is an act of individuals, and not of the government. If this act be wrong and illegal, the judiciary of this country, when ever the cast is properly brought before it. will take care to do its duty. At piesent it hath no judicial information of any outrage on the laws, and therefore will not act. If you, sir, please to consider this act of indi uiduals as a measure “ extiemely ho-tile,” and shall commence hostility without wailing the decision of our two gov ernments, although you youiself acknownowledge that it propeily be longs to them alone to decide, the inhabitants of ‘ orfolk will conform to your example and protect themselves against any lawless aggres sion which may be made upon their persons oi property; they therefore leave it with you, “either to engage in a war, or to remain on terms of peace,” unlii the pleaure of our ret pective governments shall be known. Your letters directed to the British consul at tliis place, have been forwarded to him. I have the honor to be, sir, Your most obedient servant, RICHARD E. LEE, Mayor. To John E. Douglas, Esy. commanding his Bri tannic mujesty’e ships in Hampton Roads. We do not knowhow to reconcile the friend ly declaration of commodore, Douglass, with a fact of which we are well assured. A boat from the commodore’s ship was employed a considerable time on Saturday in sounding the channel of Elizabeth river almost up to Crany island, about tour n.iies below this place. WASHING FON, July 1. The following is a copy of the letier addressed hv the officers of the wardroom of the Che sapeake, to the secretary of the navy. Late United States ship Chesapeake, Hampton Roads , June 23, 1807. Sir—The undersigned officers of the late United States snip Chesapeake, feeling deep ly sensible oi the disgiaee which must be at tached to the late, (in their opinion) prema ture sur render ol the United States ship Che sapeake, of 40 guns, to the English ship of war Leopard, of 50 guns, without their pre vious knowledge, or consent, and desirous of proving to their country and the world, that it was the wish of all the unde signed, to have rendered themselves worthy of the flag under which they had the honor to serve, by a deter mined resistance, to an unjust demand ; do re quest the lion, the secretary of the navy to or der a court of enquiry into their conduct. At the same time they are compelled by impe rious duty, by the honor of their flag, by the aonor of their countrymen, and all that is dear to themselves, to request that an order may be issued for the arrest, of commodore Janies Barron, on the charges herewith exhibited, which the undersigned pledge themselves to prove true. viz. Ist. In the probability of an engagement, for neglecting to clear his ship for action. 2ndly. For not doing his utmost to take or destroy a vessel which we conceive it his duty to have done. With the highest respect, We subscribe ourselves, Your’ most obedient servants. Benjamin Smith , \st lieutenant, William Crane 2 d lieutenant , W. H. Allen , 3d lieutenant, S. Orde Creighton , 47i lieutenant , Siilney Smith, sth lieutenant, Samuel Brooks , 5. M, The honorable Robert Smith, Secretary of the United States Navy, Washington. [The prece ling articles were publ-fhed in an ex tra Iheet iitu id from this -ffice. yesterday morning, but are republtfhed n the Republican to-day, for he informarion of dillant readers to whom the Extra wsnotfent.] Edit. Rep. TRIAL OF COLONEL BURR. FEDERAL COURT. Rich Mown, Saturday, June 27. The court took up the following order on the pofl ponement of the trial. Aaron Burr, late of the city cf New-York, and (fate of New-York, attorney at law, who Rands indidfed for treason, was this day brought to the bar in custody of the marftial of this ditlridt, and thereof arraigned and pleaded not guilty to the indidment, and for his trial put himfelf upon God and the countiy, whereup on he is remanded to jail. And as the trial of the said Aaron Burr cannot be had in the county of W ood, where the offence is alledged to have been committed, without great inconvenience, it i ordered rh.it a venire facias issue, to the marthal of this dilti icf to be direc ted, commanding him to fummoti forty-eight fit per lons qualified as the aw directs, twelve of whom from the laid county of Wood, to appear here on the third day of Augutl next, as a venire for the trial of the said Burr. Monday, June 29. Mr. Hay laid the following order of the executive counsel before the court : In Council, June 29,f507 The board being informed that an affidavit has been filed in the circuit court of the United States, for the Virginia ditfrift, which (fates that the jail for the coun ty of Henrico and city of Richmond is imouvenient and unhealthy, and lo crouded with Rate offenders and debtors, that there are no private apartments theiein, for the reception of persons Charged with offences againß the laws of the United States ; it is therefore advised, that the governor be requeßed to tender the laid court, (through the federal attorney of the dillrid of Virginia) apartments in the third Rory of the pub ic jail and penitentiary house for the reception of such persons as (hall be directed under the authority of the United States to be confined therein. Extract from the minutes. Danl L. Hylton, Clerk of Council. The following was the order of the court on this fubjedt; “ Which tender the court doth accept for the pur pof* above mentioned.” The final cectfion of the morion to commit A. Burr to the penitentiary, waspoltponed till lu-n. arrow. Tuesday , June 30. The motion to commit A. Burr to the penitentiary was tenewed. It was objedied to by his counsel on the ground— (and an affidavit was made hy them to the fame affedt) that in so importantacafe.it was essentially neteflary for the moR uninterrupted intercourse to subsist be tween the priftner and his couniel; but that the dis tance of the penitent ary, combined with their own piofeflional avocations, would nectflarily narrow and interrupt this inte course. It was also (aid,that by particular regulations of the penitentiary, the custody of the prtfoner would be transferred fiom tleniarihal to the fuperintendant ; and that the communitatiot s of the priloner with his counsel would be limited to the tery short period which was allowed to the other viimnts; that is, from 11 to I o’clock. The Attorney for the United States repelled these obirft lor s Tie Chief Justice said, when there was a public jail, lot utireafonably distant, or unfit for the reception ol th> priloner, and when the court was called upon on th; part of the Ui ited States, to commit a prisoner to its keeping, that he conceived himfelf bound to cornfly with the requisition ; that when he had given the ir, er for his removal from the jail to his own lotlg mgi it was under an expe&ation, that the ttial would be polecuted immediattly, and the intercourse between the piloner and and the counsel would be necefiarity incefant; but as a postponement has taken place, such an utercourie would not be absolutely necessary; un der mch i ircumftanccs, therefore, he should direift the removal of the prisoner to the penittntiary, if he was still to continue in the poffeflion of the niarfhal, and if his counsel were to have a free and uninterrupted accels to him. Sme difficulty having thus occurred on these points, the executive councf was immediately convened. In a short tune the fohovuig letter was submitted to the court: Council Chamber , June 30. Sir—ln putfuance of an advice of the council of state, I beg leave, thtough you, to mfoim the circuit court of the United States now fitting, that any perfess who may be confined in the jail and ptuitentiars-haute, on the part of the United States, will U considered as in the custody and under the foie conticul of the mar shal of the diftridt—that he will have authority to ad mit any perion or perlons to visit the conhned that he may think proper ; and that he will be authorifed to letetf for the purpose aforelaid, any apartment in the peniten iary, now unoccupied, that tie may deem mod conducive to fatety, health and convenience. I am, with great relpedt, Sir, your obedient lervant, WILLIAM H. CABELL. George Hay, Esq. The court then came to the following order: In consequence ol ti.e offer made by the executive of apartments in the third Itoiy of the penitentiary and ftaie ptrfon, lor perlons who may be confined therein under the authority of the United States, and of the foregoing letter from the governor of this common wea th, it is ordered, on the motion of the attorney tor the U. States, that so loon as the apartments in the lecond story of the public jail and penitentiary (hall be fi for the reception and late keeping of Arron Burr, he be removed thereto and lately kept therein by the matlhai, till the lecond day ol August next, when he lhall be brought back to the state pnfon wheTe he is now placed, there to be guarded in like manser as at prelent, uuti. the further order of the court. <i— WASHINGTON CITY, June 3. At unmnetous meeting of the inhabitants of the City“of Washiugton, convened at the Thea tre on Wednesday the Ist instant. In conse quence of a notification of the Mayor. Robert Biient, mayor of the city, was un animously called lo the chair, and Lewis Ford, appointed secretary. The chairman opened the meeting by de claring the object for which it was called. He then laid before them a letter from the meeting at Norfolk, containing a statement of their proceedings, which were read. Colonel Van Ness then rose, and delivered an address of considerable length, painting in strong colors the atrocity of the conduct ex perienced by the ship Chesapeake, and inviting the citizens to such an expression of their sen timents, as should evince firmness, dignity and decision : andconcluded by moving the appoint ment of a committee to draft such resolutions as the occasion required. V hereupon, Resolved unanimously, That a committee of five citizens be appointed to draft such resolutions as in their judgment the oc casion requires. The following persons were unanimously ap pointed. John P. Van Ness, Samuel H. Smith, Daniel C. Brent, Thomas Munroe, Joseph For res. The committee having retired, in a short time returned, and presented to the meet ing the following resolutions, which were unani mously adopted. Resolved unanimously, That we have heard with a surprise, only surpassed by our abhor rence, ol me late atrocious outrage offered by by me commander oi the British ship Leopard, to ilie rights ol Americans and the honor of men country. Resolved unanimously, That we are ready at a moments warning to obey the call of our country, hy any resistance it may require, or sacrifice it may enjoin, to obtain redress for wrongs, which can no longer be endured with out a total prostration of national character. Resolved unanimously, That having fuil con fidence in the wisdom and patriotism of our go vernment, we pledge our lives and fortunes for the support ot such measures as shail be adopt ed, calculated to convince our enemies that we are, and will forever remain, a free and inde pendent people. Resolved unanimously , 1 hat we warmly ap plaud the patriotic spirit ol our countrymen, as already expressed in various parts of the United Slates, and will cheerfully and zealous ly co-operate with them in such further mea sure as the crisis shall require. Resolved unanimously, That at such a crisis it becomes the whole of the people of the Unit ed States, decisively to express their sentiments and promptly to offer their set vices to their go vernment, that the world may see that on such occasions as the pi esent we are an undivided people. Resoled unanimously, That the fore oing re solutions be transmitted to the IJresident1 J resident of the