Newspaper Page Text
burke COUNTY MEETING. i
HdWARE TELFAtR, LsCJ.
Dkkvl Mr —Inclosed you will receive the
feeiMuients of tins part of'ctur state. VVe had
a large collection ol people.
I will thank you to have the small pittance,
as th-own into the general scale, published in
t<i.e o! youc gaeette*. Youi ’s, with esteem,
Abraham Jackson.
At a meeting of the citizens of Burke coun- I
tv, Georgia, convened ut VVaynesbocough, on
tUi 25;h August, 1807, the citizens, by unani*
iU'jus consent, appointed Brigadier-General
Abraham Jackson, chairmain, and captain
Jacob Clemen is, their secretary.
A communication from the chairman of the
committee ol .'savannah, as respects British
on tage, enclosing certain resolutions, were
tend
Hesolved , That Brigadier-General Abraham
J ickson, colonel Homer F. Milton, major
Ceo.ge I’oyt ness major Jacob Uobtnson, cap
tain L’homas Foi'the, captain Jacob Clements
J imes Jones, Isaac vVitnberly and the honor
able Thomas Whisker. Thomas Bioum, and
Francis Wells, esqrs. he appointed a commit
tee to report resolutions, to he submitted to an
adjourned meeting, to lie held at foui o’clock
on the same day, at the cou. i-housc.
i lie citizens met, according to appointment,
and the committee requested leave to submit
the following to their fellow-citizens.
l he flagrant outrage committed on our na
tional fl ig by a British ship of war, the Leopard,
s>ut of a squadron under the command ol
) juglas, by an unprovoked attack oil one at
our armed vessels, the Chesapeake, whereby
several of our fellow-citizens were murdered,
otners wounded, and our country basely insul
ted, has roused our indignation us becomes
ym n enjoying freedom and independence. It
vouid answer little purpose to take notice of
H i nphries, the murderer of the day, other
wise than barely to remark, that his attack on
the Chesapeake was base, unmanly and cow
criUy.
Whilst other nations, for years, have been
engaged in cruel and bloody wars, out govern
ment, thro* a wise administration, have munifos
ted a disposition to preserve peace and a strict
ami honorable neutrality. This the world can
not gainsay. Alt ho’ holding out the friendly
hand of government to any of the belligerent
powers who visited our coasts, still Great-Bri
tain was not satisfied—she has plundered on
the high seas our merchant vessels, and impres
sed native eit zens wantonly and without euuse.
]I u’ last act is transcending common bounds;
an avowal, by her officers, of open and direct
Jjroniliiy. In consequence, it behoves us with
suitable language, and the sincerity of truth, to
express our sentiments a . fieemen.
We. ihereiore. the citizens of Burke county,
unanimously resolve, that the lute vv niton at
tack upon the A nerican frigate Chesapeake
lot Uy cdls for full, complete, and honorable
reparation.
Hrsotv (/, That wc highly approve of the va
rious resolutions entered into by the citizens of
Savannah, and do pledge ourselves, in honor
and to the utmost of our power, to give, when
ever called on, our aid m support thereof.
Resolved, That the foregoing tesolu ions be
printed, and a copy thereof transmitted to
tin President of the United States, to the go
vernor of the state, and to the honorable Ed
ward Telfair, chairman of the meeting at Sa
va.mill, bv the chairman of this committee, ut
tesied bv the secretary.
Which, being read, were unanimously agreed
to.
ABU \II\M JACKSON, Chairman.
lest—Jacob Clements, Secretary.
~
TIIIAL OF COLON ML BURR.
FEDERAI. COURT.
Richmond, Friday, August 28, 1807.
The court sat at nine o’clock m the morn
ing
Mr. Martin continued the argument on tne
great question concerning the admissibility ol
evidence. His speech was remarkably zealous
and animated, and replete with law-learning.
Jt commenced immediately after the ineetiu
of the -court, and was uot finished when they
adjourned about five u’cloi k in tlw* afternoon.
Saturday , .dugust 29.
On this day Mr. Martin spoke a aim from
nine in the morning until nearly three in the
afternoon. II • was followed by Mr. Randolph
on the same side, vvuu closed the debate.
Mmdau, jdugusr 31.
A numerous audience assembl -t for the pur
pose of hearing the truly important opinion a
bou’ to l>e pronounced ivy the Cbict Justice of
the United States.
About 40 ninnies after 11 o’clock, the judges
took their seats.
The Chief Justice deliveied in writing,
the opinion of the court, which was uncommon
ly lengthy, learned and argumentative Two
h mis and an halt were consumed in reading it.
The result was in favor of the motion made by
colonel Burr and his counsel, to exclude the
evidence. The doctrines expressed, and
maintained with great ingenuity and logical
acuteness, were, in substance, that, although it
was admitted and declared to be law, that the
actual presence at the scene of action ofa person
concerned in an act of levying war against the
United States, is not necessary to constitute
kim a principal traitor ; yet, a person not pres
ent) but ai such a distance from tcc spot whore i
the overt act is committed, as not to be ahJe
personally to co-operate with or assist those
who actually perl'oi metl it, (liis criminality con
sisting only in his advising and procuring the
treasonable assemblage of men, or in his being
engaged in league with them) must be spe dally
indicted ; and, that no evidence against such
person is admissible on a general indict merit,
charging the levying of war against the United
Mates, at a certain time and place, when and
where he is proved or admitted by the counsel
for the prosecution to have been absent—that
treason in levying war against the United States,
may he perpetrated without the employment
ol ac uul torce; hut not without the appearance
of fort e , that therefore the persons assembled
for a treasonable purpose must be aimed, or
arrayed in a warlike or threatening manner,
and uus= display a fort e in some degree pio
l>o donate to the object intended to be accom
plished ; or, by their conduct, when assembled,
evince their design to execute a treasonable
enterprise. Such parts of the opinion of the
supreme court in the case of Boilman and
Swart wont as appeared to convey an opposite
doctrine, were explained anti declared to have
been misunderstood by the counsel for the U.
States, though the language of that opinion was
acknowledged to have been equivocal and in
tccurate in some respects. Whether the evi
dence was sufficient to charge the persons who
were present at Blennerhasset’s island with
an overt act of treason, was no* expressly de
cided ; but the contrary was strongly insinuat
ed. Although all evidence was proclaimed to
be irrelevant and inadmissible upon the indict
ment which had been filed against Aaron Burr,
the jury were informed, that* he court by no
means intended to interfere with their tights,
and if they chose to find him guilty upon the
testimony which bad been introduced, they had
a right to do so!
J'he joy and exultation, visible in the faces of
colonel Burr and his friends, was such as might
have been expected.
Mr Hay observed, that the opinion he had
just heard, furnished a variety of matter of con
sideration; that he could not immediately de
termine upon the course which ought to be
pursued on the part of the United States. He
wished therefore to be furnished with the opin
ion for his perusal, and to be allowed a little
time to consider tbe steps which might be pro
per t<> take.
After some conversation, his motion was ac
ceded to. and the session of the court suspend
ed till six o’clock I’. M.at which time the coun
sel for the United tales, not being yet satisfi
ed as to the measures to be taken, a further in
dulgence was granted them, and the court ad
journed until Tuesday 10 o’clock.
Tuesday , September 1.
The courts it at ten o’clock. Present the
Chief Justice only.
si,. llay if icd the court the opinion de
livered yes e day had been maturely consider
ed by the counsel lor the United Slates ; the
result of which was that he had nothing farther
to o lor, of evidence, or atgurnent, to this jury.
she jury then withdrew ; and, after an ab
sence ol twenty minutes, returned into court ;
and colonel Carrington, their foreman, ottered
their ve diet in the following words, indorsed
on the bill of indictment :—•• We of the jury
“ find that .Aaron Burr is not proved to be
“ guilty under this indictment by any evidence
“ submitted to us. We therefore find him
“ not guilty.”
Colonel Burr and his counsel warmly ob
jected to this verdict, as informal, and not au
thorised by the charge gi en to the jury when
they were sworn ; contending it \v.,s their duty
to say “ guihy,” or “ not guilty,” and no
more ; anti that they had no right to return a
verdict in writing, but only are tenus.
Mr. Hay said, tie knew of no principle which
prevented die jury bom finding a verdict in
this form ; and i isisteil that it ought to be re
corded in the orris used try them.
Mr. Rich aho L. Parker (.one of the ju
ry) observed that, if they w .re sent back, he
should not agree to return any other verdict.
It was more satisfactory in this shape to him
and to the res’ of the jury. It lie were to an
swer ore tenus, he should certainly make use
of the words which had been written. He en
quired whether the indorsement could not
stand, and the verdict be recorded in the usual
form ?
The Chief Justice was of opinion that
this might be none ; that the court had no
right to reject the veulict (since it was a full
answer to what had been given them in charge)
but could direct it to be put in proper form.
she indorsement re mined as the juiv had
made it on the indictment; and the general
verdict of “ not guilty” was entered on the re
cord.
Colonel Burr said he should not move for
his discharge until to-morrow. If there were
any objections to his taking this course, they
might be made.
she counsel for the United States not being
prepared to adopt any certain course, with res
pect to the indictment against him for a mis
demeanor, nothing farther was done.
General Jonathan’ Dayton appeared in
comt, to answer t ulietments found against him
•for treason and a misdemeanor.
He was ad mi ted to give bail; and entered
into a recognizance for his appearance the day
after to-morrow, in the sum of ten thousand dol
l ire, with a Nlr. Williamson of Elizabeth Town
(New-Jersev) and dr. Luther Martin, his se
cut ities.
’ The court is to sit again on this day (Wed
nesday) at 12 o’clock.
lAppren‘iqe’s liv^ntures,
Sox Sale at tb;j QSn^
SHIP OTHELLO.
Baltimore, August 27.
Particulars of the detention of the ship Othello)
Russel Clover, master, in the Chesapeake Bay y
by a Trench Privateer.
Th’e above ship sailed from Liverpool on the
29th of June, with a cargo of dry goods, bound
to Baltin. oie. August 17th,being 49daysout,
took a pilot off the Capes of Virginia, the wind
being light and contrary for several days, did
not make much head way—on the 22d, it low
ing fresh from the northward, the pilot thought
best to anchor in the mouth of the Patuxent—
that evening, seeing a schooner come down and
anchor close by, supposing her from Baltimore,
1 sent nay mate on board to enquire for a news
paper, who informed him that he had not one,
and that there were no arrivals for several days.
The schooner Three Sisters lying close by, he
went on board, and was informed by captain
Rich, that in his opinion he was not from Balti
more, but was a smuggler. About 8 o’clock an
officer boarded me from the French ship the
Patriot, lying in the Patuxent. Afterenquiring
the news from Euiope, what British vessels
were off the Capes, he requested some news
papers and departed politely. About 2 o’clock
in the afternoon of the 23d, I got underway and
stood up ; shortly after I saw the schooner Three
Sisters, and the privateer under way and
standing up also; at l ine o’clock, wind and tide
being ahead, the pilot brought the ship to an
chor ofFSharp’s Island. During the night, as I
have since been informed by the watch on deck
the privateer worked round us, and at one time
was along side ; when being asked what he
wanted, sheered off and made no reply, but came
to anchor under the ship’s stern.
At day light next morning, when the crew
were employed in getting up the anchor, I
heard a noise on deck, and on my going up
was informed by the mate and pilot, that the
privateer had filed several bullets at us. I im
mediately took my trumpet, and hailed him to
know what he wanted. 1 told the pilot to con
tinue heaving the anchor, when he immediate
ly worked to windward, fearing I should run
him down, as he afierwards said—having
tnought his vessel within pistol shot, all his
men fired two rounds each, while I was enga
ged in hailing them ; they must have taken
good aim, as several of the balls lodged very
near, and one passed through the mate’s hat.
\\ hile my men were employed lowering the
boat, he kept up a continual cry, “ haste, haste,
haste, or I will fire again.” On my going along
side, I asked if he was a pirate, he replied not,
and wished to know if any one was killed ;
saying, “ I am no pirate, but a French priva
teer from Guadeloupe;” then demanded my
papers, which he examined superficially, and
declared my ship a good prize for having Bi i
lish niannufactured goods on board. My boat
was immediately filled with his men, armed
v\nil guns, pistols, .-words, knives, &c. and af
ter demanding nay keys, proceeded on board
the ship, leaving me behind : he then order
ed all the crew below, placing two centinels
over them, and told the pilot to take the ship
to sea, for which lie should receive four hun
dred dollars, but on his objecting, was ordered
to do so at his peril ; they then commenced to
examine all trunks, &c. in the cabin, and using
to great excess, provisions, porter, &c. Sec.
About 12 o’clock in the forenoon, I was per
mitted to go on board the ship, he having my
papers in possession ; on my going below I
told him tha’ I supposed he intended to plun- 3
der ; when he replied not, and returned my
kevs- saying he was very sorry he could not
prevent his men from destroying my cabin ‘
stores, and assured me that no person on board t
should lose any property ; looking under my
pillow for my watch, I discovered it was taken, j
and having demanded it, he ordered one of his :
men to restore it. I then opened my chest, j
where I had a considerable sum of money, 1
when he told me he examined that himse.fand
nothing would be missing, which was the case. !
I was then abruptly ordered on hoard the schoo- i
ner, he declaring the ship a good and lawful
prize, and said he would take her to Guudu- !
loupe. Oil mv requesting permission to re- ‘
main on board, he replied 1 should not. but that
all hands, excepting myself, should, andthat he
would take cure to protect his prize. 1 then
went on board the privateer, where I was de
tained until 8 o’clock next morning ; the snip
being at attcho” all night off the Potomac, the
wind ahead, and seeing no prospect whatever
of getting her out before he might be detected,
he said he was vei v sorry he detained me so
long, but being positively informed of my hav
ing English property on hoard, wished to dis
cover it if possible. On demanding his autho
rity. he said he was told so by captain Rich,
which he afterwards denied ; saying it was on
board the French ship Patriot he heard it, and
that he saw the newspapeis I gave the officer
who boarded me ; he further said, that he had
been supplied with fifteen men by the com
mander of said ship, being short of hands, which
I believe to be correct, as one of the men told
the mate and pilot that he was with the officer
who boarded me from the ship. After apolo
gising for firing on me, saying he could not
prevent his men, lest they would use violence
on himself and other officers, he proposed to
liberate the ship, provided I would give a cer
tificate declaring he did not plunder nor act im
properly, which I refused ; but finding I had
no other alternative, was obliged to comply—
he further insisted on Mr Harden, a passen
ger on board, to certifv to the truth thereof;
this being accomplished, he delivered up my
papers, and permitted me to proceed, after be
ing detained 28 hours, and the ship carried
from Sharp’s Island to Point Look-Out.
Res sell Glover.
August 23.
Ah express from the governor to the mayor
brings information that five of the crew ol the
pirate passed through Annapolis on their way
to this city, and that a detachment of horse
were sent by the governor to appiehend them.
These men were taken yesterday, aim confess
ed themselves a part ol the ciew. A French
boat, under iieut. Mann and a French officer,
with volunteers and Frenchmen out ol Annapo
lis, and a packet with two field-pieces, under
the command of captains Muir and Duval, sail
ed in pursuit of the pirate, lhe packet had
returned without success—the other bout hud
not returned.
We are informed that general T urreau, the
French minister near the United Sta es, who is
now in this city, on hearing the report that the
pirate that seized on the Othello had been coun
tenanced and assisted by the commander of the
French ship Le Patriot, immediately sent down
a commission to enquire into the business, with
die express declaration, that if they had in any
way connived at, or aided in the attack on the
Othello, the guilty should be immediately deli
vered up to the government ol the U. Mates,
to be pioceeded against agreeably to the law sos
this country. Capt. Comeygs, we understand,
has gone down with these instructions.
The circumstance of the Frenchmen at An
napolis, who, we understand, are attache, or
belong to the ship Patriot, volunteering their
services to apprehend the pirate, affords very
strong, if not conclusive reasons, for believing
that the commander ol that ship could have
had no share in the villainous business.
August 29.
The detachments of volunteers under the
command of captains Sterretts, in coufuaction
with captain Porter, which went in pursuit of
the pirate that attempted tc . y off the Othel
lo. arc returned to Baltimore The expedition
has been successful, and the schooner and thra o
of the buccaneering crew, were on Monday
brought up to the harbor; the men are sateiy
lodged in goal. When captain Porter cam©
within sight of her, four oi the pirates were
seen to take to their boat and make off to shore,
from which they were not deterred by a gun
that was fired at them. Five others of the
gang who had gone to Annapolis for the pin pose
of procuring provisions, are also arrested
The corps of riflemen that went down the
bay to aid in taking the schooner, have landed
near Patuxent, and gone in pursuit of those
who made their escape to land.
August 31.
From the information which we have obtain
ed, the following appears to be the result. Os
the pirate’s crew, five were last, evening
brought up from Annapolis ; three of them
were taken on board of their boat by the de
tachment commanded by captains Porter, J.
Stenet and S. Sterret, and brought to town
yesterday ; this morning lieutenant Calhoun
ietuined with the four who escaped in a small
lxiat from the pirate schooner : these twelve
men are in the hands of the civil authority, to
be pioceeded against agreeably to law
The four last taken, lieutenant Calhoun
found on board the French ship Patriot, to
which they had fled from their own vessel ;
and in this shin they were in irons. W e are
informed that com modote Khrom, having ob
tained front captain Comeygs, (whom we be
fore slated to have gone down with instructions
from general Turreau) the character and an
account of the conduct of these men, had or
j derecl them to be thus secured. It is suppo
-1 sed that three of the men brought by lieute
i nant Calhoun are the principals,
j September 3
1 Yesterday Judge Houston, the district judge
] of the United States, for the district ol M,. :y
----! land, proceeded in the examination of the af
j fair of the Othello, and took the deposn of
I Mr. Harden, a passenger on board the sm —.
j after vv 1 ich. the judge decided that tne t i as
I for which the French prisoners, then i; ne
’ custody of the marshal, were cornmiUed, v as
i committed within the jurisdiction of the state
j of Maryland, and that the United States’ court
i had no cognizance of it.
j The prisoners were then committed to the
, custody of the sheriff of Baltimoie county, by
Mr. Coale, the register of the city, who atten
ded agreeably to the request of tne judge, the
mayor not being able to attend on account of
indisposition.
It is understood that Calvert county is the
nearest land to the place in the Chesapeake,
where the crime was committed, therefore the
court of that county alone has jurisdiction, and
that the prisoners will be tried there.
The circumstance of the Othello having
been piratically attacked and plundered in the
bay, has afforded an opportunity to the volun
teers of exhibiting a rare and pleasing instance
of their loyalty and public spirit. And it is a
sure pledge that, in the hour of real danger, we
may count with confidence on the alacrity and
the valor of the volunteers of Baltimore.
Norfolk, .September 2.
The Chesapeake was prevented from leaving
Craney-Isiand on Monday, by contrary winds;
she went down to Hampton roads this morning,
with three of the gun-boats.
The Ville de Milan, (British frigate) com
manded by sir Robert Laurie, having arrived in
our bay from Halifax, the command of the Bri
tish naval force devolves on capt. Laurie, as se
nior officer. The Bellona was at Halifax by
late accounts. It was reported a few days since
that one of the British ships had gone up the
bay, vve believe this to be a mistake. The
ships now on this station are—the Triumph,
Leopard, Mejampus, Cleopatra and Ville de
Milan. The two former were in Lynnhaven
bay on Saturday, and the two latter at sea. The
last came m on Sunday.