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HAMBURGH. June 24.
There has issued from Stralsnnd a procla
tmuuu or address, in French, in favor ol Louis
XVIII. king of France and Navarre !! ! The
while f.ag is hoisted ; and all loyal Frenchmen
arc promissed “ une discipline patemalle et une
soldo plus dc double,” fcc.—The pay is also
staled even to an old fat thing; and the uniform
is carefully described—with a special note, that
deserters are to cnquii e for the regiment of the
Jung of France, commanded by monsieur the
due dc Piennc. I send the otiginal as a curi
osity :
“ Soldiers I—Under tire auspices of the loy
al sovereign of Sweden, the white slug is again
h sled. Honor calls you to assemble round
tiii, banner ; a paternal discipline, and pay
more than double your present pay, awaits you.
Peace to Europe is the object you are called to
obtain, in the ranks of the royal army of France.
Tlic love of Louis XVIII. your legitimate so
vereign, is already in your heart. —Vive le Roi.
“ i'hc uniform is white, the collar, facing,
See. blue, with yellow Lice,blue pantaloons, with
the same.
“ /Vs soon as the cavalry is formed, the sol
diers of this army will resume the service.
“Every loyal Frenchman, who shall bring
over the troop lie commands, or cause it to join
the wlrito Hag, shall consequently enjoy the
same rank he already holds, agreeable to the
declaration of Louis XVIII. king of France and
Navarre, dated December 10, 1804.
“ Each dcsciler is to enquire for the regi
ment of the king of France, commanded by M.
le Due de Piennc. The pay for the private
soldier is 9 1-4 schelings of Pomerania, with
out In cad;“(about 16 soes of France), and with
two pounds of bread, 6 1-4 schelings.”
LONDON, July 2.
In the house of commons, June 27th, Mr.
Rose gave a motion for renewing the
American trade act of 1794, now near expiring.
Lord Howick made several calls for papers
anJ returns, connected with the late dissolution
of parliament.
in the house oflords, June 29th, lord Havvkcs
bury presented an order of council for continu
ing the trade with America, on the footing of the
acts which expired this month ; and intimating
the intention of minister to prolong the former
act—and a clause of indemnity relative to the
order alluded to.
Lord Auckland hoped that ministers would
pause before they renewed their acts of last
year, for one year longer. The reason lor
their proceeding at a former period was, that
a treaty was then pending, audit was hoped
that it would be brought to a conclusion, satis
fiCtory to ljo'h countries, long before the ex
pi ra- ioi ot the act adverted to. T his was not
tue lime for entering into all the particulars of
this transaction ; he hoped that the additional
modes agreed upon, though not yet signed,
would remove eve y source of misunderstand
ing between the two nations who had so many
be aids of union and harmony. But in all those
mailers, lie was one of those who lelt tli ,t there
w s something due to national dignity. The
former act was passed on an agreement, that
there should he no prohibitions on the other
side of the Atlantic, inconsistent with the trea
ty of 1794; and before it was re-executed, a
regald to sound policy required, that some en
quiry suuldbe made into the present state of the
case.
Some debate ensued on the subject of levy
ing of money. alter the expiration of the act
•which authorised it; on which subject lord
Bathurst s.ud, “that the effect of the order in
council was not to levy money not authorised
bv parliament, but in many instances to forego
the dunes, which, under the general revenue
1 uvs, would attach to the traffic of America.—
The treaty with that country had, according
to strict interpretation, expired in the year
1303, and yet, down to the passing of the late
a t. the duties continued to be levied as before,
without any law upon the subject, on the under
standing, that the U. States whs to be treated as
a most favored nation.”
hi the house of commons, June 29th, lord
Te uple wished to learn whether it was intend
ed by ministers, to repeal what was called the
American intercourse uct, passed session before
last
Mr. Rose replied, certainly not, pending the
adjustment of the treaty between this country
and the United States.
June 30. A bill was read for the first timq, in
the bouse of commons, for regulating the com
merce between this country and the U. States.
By the mail from Tonningen, a letter was re
ceived from Altona, written by the British en
v .y dr. Thornton, dated June 23, containing
t.e following important intelligence:—.** Last
night we were informed by an F.stafettc from
V ienna, which place he left on the 17th, that
the Turkish emperor had been forced to resign
his throne in favor of his nephew, who has a
vowed himself friendly to the English interest,
and that all his ministers had been murdered.
What has brought about this sudden event and
wlut will be the ultimate effect, remains to be
explained to us.”
Government received dispatches yesterday
from general lord Hutchinson, which stale, that
the battle of Friediand was nearly a draw battle,
th it the loss on both sides was almost equal, and
that the two armies remained in nearly the same
posimns after the b.,ttlc Private letters re
ceived yesterday from the continent, corrobo
rate this account.
The same communication adds, “that no
French accounts had been received for 48 hours
a iareport was prevalent, that the affairs of
tnela'e battles were widely different from their
report.”
TRIAL OF COLONEL BURR.
FEDERAL COURT.
JticHMOSD, Saturday, August 15, 1807.
Present, the Chief Justice of the United
States.
Several additional witnesses for the United
States appeared, and were recognised.
The forty-eight gentlemen who had been
summoned as Culm dc circumst antibus, were
then culled over; of whom, six were absent.
Mr. Benjamin Tate,one of those present, was
excused from serving on account of his bad
stale of health.
Col. Burr observed, that since the number
present was now reduced to iorty-one, and he
had a tight to challenge peremptoiily thirty
live, it was obviously in his power to select any
eight whom he should picler. He therefore
proposed, (to prevent the unnecessary con
sumption of time) that he should be permitted
to make a list of eight of the persons summon
ed ; in which case he doubted not a juiy might
be obtained in a few minutes.’
1 he council for the United States consented
to this proposal; whereupon colonel Burr pre
sented a list of the following names :—Christo
pher Anthony, Goochland; Reuben Blakeley,
Henrico; John M. Sheppard, Hanover; John
Fitzgerald, Nottoway; Miles Botts, Manches
ter; James Shiphard, Richmond ; Henry E.
Coleman, Halifax; a..d John Curd, Gooch
land.
These gentlemen were severally called over
and examined.
Messrs. Anthony, Sheppard, Fitzgerald,
Botts, and Coleman declared they had formed
opinions unfavorable to the prisoner.
Col. Burr said, he found he must encounter
such prejudices, or delay the trial, which was
not his wish.
Mr. Sheppard requested to be excused, on
account of sick:.ess in his family. He was set
aside for the present; as was likewise Mr.
Fitzgerald
Messrs. Blakely, Shiphard and Curd said
thev had formed no opinion as to the inno
cence or guilt of col. Burr. Mr. Curd, how
ever, was rejected, in consequence of his de
claring himself frequently afflicted with a dis
order which rendered him incapable of busi
ness.
The eight persons selected by col. Burr hav
ing been called over, and a full jury not yet
procured, others were called to supply the de
ficiency.
Mr. Isham Godwin and col. Samuel Allen
were called and rejected on account of their
prejudices against the prisoner.
Mr Benjamin Graves, of Chesterfield, said
he had not made up his mind either way ; bu’
his brother being insane, he wished to attend
him. lie had expressed an opinion, that col.
Burr had was certainly guilty of something not
right.
Mr. Wickham observed, that if such excuses
would do, they would nevei get a jury; and
that Mr. Graves might make his arrangements
by Monday for the care of his brother.
Mr. J. M. Sheppard was again examined
and owned his prejudices against col. Burr.
Col. Burr. P ejudices are not dangerous
when we are conscious they exist; became \vc
can then guard against them. I eiect Mr.
Sheppard as a juror.
Col. Branch, of Chesterfield, and Mr. Mum
ford, ol Powhatan, were excused—the former
on account of public business, the latter for his
declarations.
The following gentlemen were sworn as ju
rors this day—Janies Shiphard, Christopher
Anthony, Miles Botts, Reuben Blakely, Henry
L Column and Benjamin Graves.
It was agreed that the two which were wan
ting to complete the jury, should not be sworn
until Monday ; to avoid the necessity of keeping
them in confinement before the evidence
could be introduced.
Colonel Burr mentioned the letter of general
Wilkinson again; and wished to know whe
ther Mr. Hay had found it.
Mr. Hay answered that he had not yet gone
through all the bundles sent him by Mr. Rod
ney ; and that he had not found the paper. He
said he had a copy with which general Wil
kinson had furnished him, but which had not
been taken by the general himself.
Colonel Burr refused to accept the copy.—
A subfiana duces tecum , after some desultory
conversation, was awarded ; to be directed to
Mr. Rodney.
Mr. Hay proposed that Herman Blanner
hassett should be arraigned on this day, to save
time.
Mr. Botts observed, that the time of Blanner
hassett’s trial could not be fixed but to a very
distant day. He wished the present tiial to
progress and terminate, before anytime should
be fixed for the other. He said too, that Mr.
BlannerhaSsett was now preparing for his coun
sel a brief ot his case, after receiving which they
could give Mr. Hay more satisfaction as to the
time of trial ; but declared they were not soli
citous for delay.
It was agreed to suspend the subject for the
present.
The court then adjourned until Monday
twelve o’clock.
Monday , August 17.
Present, the Chief Justice and Judge
Gkiffen.
Dr. Jesse Bennct, of Meson county, appear
ed as an evidence on the part of the United
States, and was recognised.
Charles Lee, esq. formerly attorney-general
of the United States, appeared in court as one
of the counsel for Aaron Burr.
A short dispute took place between Mr.
Hay and Mr. Botts, respecting the admission
of four new witnesses on the part of the United
States, which was at length granted.
The ten jurors who had been sworn were
called over, and answered to their names.
Richard Curd and John M. Sheppard were
then called and sworn, to complete the pannel.
Ihe jury impannelled to decide this very
important case, consists therefore of the follow
ing gentlemen : Edward Carrington, Richard
E. Parker, David Lambert, Hugh Meicer,
James Shiphard, Beuben Blakey, Christopher
Anthony, Miles Boots, Henry E. Coleman,
Benjamin Graves, Richard Curd, and John M.
Sheppard.
Mr. Hay proposed that the jury should be
furnished with implements to enable them to
take notes of the law and the evidence, as the
cause would require all their attention, and it
would be necessary for their memories to be
aided as much as possible. Ihe proposal was
agreed to, and each juryman directed to be fur
nished with pen, ink and paper.
Mr. Hay then addressed the jury, in an able,
judicious, and dispassionate speech, in which he
stated the points of law, which, in his opinion,
would govern their decision in the case, and
gave a summary of the evidence intended to
be introduced on behalf of the United States.
This speech (which lasted two hours and five
minutes) was listened to with great attention,
and we believe with universal pleasure by the
numerous audience ; and it is with much re
gret that we cannot give it to our readers at full
length.
He admonished the jury to divest their
minds of every prejudice and bias, to enter into
this enquiry with candor and impartiality, and
with a fixed determination to do justice ; ob
serving that, if they doubted of the prisoner’s
guilt, alter hearing the evidence, they ought to
find him not guilty ; but, if, from the evidence,
they believed him guilty, they would them
selves be guilty of treachery to God and their
country, if they did not find a verdict accor
dingly.
On the subject of treason, he cited the deci
sion of the supreme court of the United States,
in the case of Bollman and Swartwout, as clear
and explicit authority, in which opinion, the
stages of conspiracy not amounting to treason
were pointed out, and what shall be called an
overt act of treason in levying W ar against the
United States, was ascertained and defined ;
from which he contended that wherever there
is an assemblage of men, for the purpose of
carrying into effect, by force, a treasonable de
sign, with an intention of not separating until it
should be effected ; all those, who are concer
ned in such design and assemblage, though
not actually present, and though the company
were not armed, arc guilty of treason against
the United States.
Mr- Hay made a number of excellent obser
vations, in illustration and confirmation of tins
doctrine; and quoted as authorities, to the
same effect, and in support of the several bran
ches of his definition of treason, Fries’ trial, p.
197, 103, 167—2 Dallas’s Rep. 335—Foster’s
crown law, 208—1 East’s do. 67—Foster, 211.
He said it might be objected, on the other
side, that this was an attempt to establish a
constructive treason; but he contended, that
explaining the meaning of the constitution in
using the words “ levying war against the
United States,” was not introducing a construc
tive treason. He cited 4 81. 75 to shew what
constructive treasons are, and judge Peters’s
opinion m Fries’trial, page 206, to ‘demon
strate that the indispensible use of construction
ought not to be argued against from its abuse ;
and insisted that it was the duty of the judges to
fix the true construction of the constitution for
the purpose of avoiding the uncertainty of the
law which would otherwise exist.
After Mr. Hay had finished, general Eaton
was sworn as a witness for the United States.
Colonel Burr and his counsel objected to the
introduction of general Eaton’s evidence, as it
related to the treasonable intention only, until
the testimony relative to the overt-act should be
gone through.
On this questions most ingenious and inter
esting debate ensued ; which was conducted by
Messrs. Botts, Wickham, Lee and Mai tin, on
behalf of col. Burr, and by Mr. Wirt, on the part
of the United States ; and lasted to a very late
hour, when the court adjourned until Tuesday
10 o’clock.
Tuesday, August 18.
The Chief Justice delivered, in writing, the
opinion of the court on the question concerning
tha order in which the evidence on the part of
the United States, was to be introduced. The
result was, that the counsel for the United
States were permitted to examine the witness
esTii the older preferred by them; provided
that no testimony should be introduced to
prove any treason or intention to commit a trea
son, different from that charged in the indict
ment.
General Eaton was then examined and de
livered his testimony with great clearness and
precision, in a firm, manly, and independent
manner, and with considerable elegance and
force of language.
The substance of his evidence shall be given
in the Argus as soon as possible, together with
some account of the red of the transactions of
yesterday.
The court is to sit again this day at nine
o’clock.
M)f/CE IS lIEREB Y GIVEN
THAT at the expiration of nine months after date
the fubferiber will make application (agreeable
to law) to the court of Ordinary for leave to tell and
dispose of two lots of I,AND, with improvements
thereon, known by the numbers fix and seven, in tlfe
Tillage of Montgomery, and belonging to the estate of
Mrs. Fdizabeth M-Queen, deceased, for the benefit of
the heirs asd creditors of said estate.
Bryan Morel,
Administrator, toith the will annexed.
Montgomery, Chatham County* April 25 sos 43
LATEST FROM EUROPE.
BATTLE OF FRIEDLAND.
Translated from Trench Jicf.ers to July 5, re
ciivtd at the City Gazette • Jfice, Charleston^
SEVENTY-NINTH BULLETIN.
IVehlau, June If.
The combats of Spanden ana ol Lomitten,
the days of Gutlsadt and of Hilsberg were but
the prelude of greater events.
On the 12th, at four o’clock in the morning,
the French army entered HilsLerg. General
Latour-Maubourg, with his division of dragoons
and the brigades of light cavalry ol general*
Dusronel and Wattier, pursued the enemy on
the light bank of the Alle, in the direction of
Bartcnstein, while the corps of the army put
themselves in march in different directions to
come up with the enemy, and to cut oft his re
treat to Konigsberg, by arriving with him at his
magazines. Fortune smiled on this project.
On the 12th, at five o’clock in the afternoon
the emperor fixed his head quarters at Lylau.
It was no longer those fields coveted with ice
and snow; it was the most beautiful country in
nature, interspersed with beautilul woods, hand
some lakes and fine villages.
The grand duke of Berg, on the 13th, bore
upon Konigsberg with his cavalry; marshal
Davoust marched in the rear, to support him ;
marshal Soult bore upon Greutzbourg; marshal
Lannes on Domnan; and the marshals Ney and
Mortier on Lampasch.
In the mean while, general Latour-Maubourg
wrote, that he had pursued the enemy’s rear
guard ; that the Russians abandoned many
wounded ; that they had evacuated Bartenstein,
and continued their repeat on Scgisspenpoil,
by the right bank of the Alle. The emperor
immediately directed his march to Friedland.
He gave orders to the grand duke of Berg, and
marshals Soult and Davonst, to manoeuvre on
Konigsberg; and with the corps of marshal Ney,
Lannes, Mortier, the imperial guard, and the Ist
corps commanded by general Victor, he march
ed in person on Friedland.
On the 13th, the 9th of the Hussars enter
ed Friedland ; but it was driven out by 800 cav
alry.
On the 14th, the enemy defiled by the bridge
of Friedland. At three o’clock in the morning,
the firing of cannon was heard ; “ this is a for
tunate day.” said the emperor, “ it is the anni
versary of Marengo.”
The marshals Lannes and Mortier w ere the
first engaged ; they were supported by the di
vision of dragoons of general Grouchy, and
by general Nansouty. Different movements,
different actions took place. The enemy was
kept within bounds, and could not pass the vil
lage of Potsgenem. Believing that he had be
fore him but a corps of 15,000 men, he con
tinued his movement to file on Konigsberg.
On this occasion the dragoons and French and
Saxon cuirassiers made the most handsome
charges, and took four pieces of cannon from tho
enemy.
At five o’clock in the evening, the different
corps of the army were in their places. On the
right, marshal Aey; in the centre, marshal
Lannes ; on the left, marshal Mortier ; in the
.reserve, the corps of general Victor, and tho
guard.
The cavalry under the orders of general
Grouchy, supporting the left; the division of
dragoons of general Latour-Maubourg was in
reserve behind the right ; the division of dra
goons of general Lahoussaye, and the Saxon
cuirassiers were in reserve behind the centre.
In the mean while the enemy had displayed
his whole army. He supported his left on tha
town of Friedland ; his right extended aleaguo
and a half.
The emperor after having reconnoitered tho
position, decided immediately on carrying the
town of Friedland, by making briskly a charge
of the front, the ri'ght in adv ance, and the attack
was begun by the extremity of his right.
At half after five, marshal Ney put himself
in motion; some discharges of a battery and
twenty pieces of cannon, were the signal,
At the same moment, the division of general
Marchoud advanced to charge {Carme du. bras')
the enemy, taking a direction from the steeple
of the town. The division of general Bisson
supported him on the left. From the moment
that the enemy perceived that marshal Ney had
quitted the wood where his right was in positi
on, he attacked him with regiments of cavalry,
preceded by a cloud of Cossacks. The divisi
on of the dragoons of general Latour-Maubourg
formed immediately in gallop on the light, and
repulsed the charge of the enemy. In the
mean time, gen. Victor placed in front of his cen
ter a battery of 30 pieces of cannon: General
Seunarmcnt. who commanded it, pushed it more
than 400 steps in advance, and made a horrible
destruction among the enemy. The different
operations which the Russians undertook, to
to cause a diversion, were useless.
Marshal Ney, with that coolness and intrepi*
ty, which are peculiar to him, was in advance
ol his eschalons, directed the most minute de
tails, and gave the example to a corps of tho
army, which has always caused itself to be dis
tinguished, even amongst the corps of the grand
army. Several columns of the enemy’s infan
try, which attacked the right of marshal Acy,
were charged with the bayonet, and precipita
ted into the Alle. Several thousand men there
foitfid their deaths; some escaped by swimming.
The left of marshal Ney, during this time, ar
rived at the ravine which encircled the town of
Friedland.
The enemy which had embarked, the Rus*
sian imperial guard, horse and foot, came out
with intrepidity, and made a charge on the left
of marshal Ney, which for a moment was sha