The Republican ; and Savannah evening ledger. (Savannah, Ga.) 1807-1816, September 15, 1807, Image 2

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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.