The Republican ; and Savannah evening ledger. (Savannah, Ga.) 1807-1816, September 01, 1807, Image 2

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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