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tionej place. The court will decide after hear
ing the evidence, to which place the persons
accused ought to be sent for trial. Mr. Hay
observed also that the cases of all three being
nearly the same, combining the motions in one
would save time; since it would prevent the
necessity of repeatedly examining the witnes
ses.
Colonel Burr. There will be no necessity
of examining the same witnesses more than
once, as the same court will hear their testi
mony ; but different evidence may be adduced
for one or the other of the persons accused.
Mr. Boa rs observed that tne case ol col.
Burr stood on different grounds from the rest,
as to-many points of legal enquiry as well as
evidence; that there were also different coun
sel employed for the other prisoners, which
would render a separate argument necessary.
The motions ought therefore to be separate ;
one examination of the witnesses will be suffi
cient : when that is gone thro’, Mr. II tv’s overt
act wiil be a subject of ridicule even to him
self.
Mr. Wickham. There is another ground
of objection to a joint motion. Cos!. Burris ac
quitted, and entitled to his discharge. Shall he
be detained in confinement, while evidence is
examined, and arguments of counsel are heard,
relating only to the cases oi Smith and Bleti -
Tierhas sett ?
The Chief Justice said the plea cf acquit
tal presented a question of law and not of fact,
and might be reserved for discussion. As to ‘
the joint motion, that is another question. The
grand jury often find a joint bill <ff indictment j
against several persons charged with the same ;
crime ; tho’ the trial cannot be joint without i
consent. But I think the motions ought, to be j
laken upr separately ; and as a great portion of,
the testimony must bear upon all the persons i
accused, they must all be in court when the!
examination is going on, ‘for the purpose of
cross examining the witnesses.
Messrs. Blexnerhasset and Smith were •
accordingly sent for; but before there arrival,
the chief Justice suggested a difficulty to Mr. <
Hay, arising from the pendency of the indict
ment for misdemeanor.-. It appeared to him
that, while a person was in custody charged be
fore a court with an. offence, that court could
nut divest itself* fits jurisdiction, and send him
to another court to be tried fur any other
crime.
Mr. Hay observed that after the evidence
was examined, it the court should be of opinion
that the prisoner ought to be committed and
sent, but for that difficulty, he could then re
move it, by entering a noilc prosequi on the in
dictment for a misdemeanor. j
Messrs. W ickiiam and Botts contended
that that question ought to be settled before the
evidence was examined.
Some conversation ensued on this point. j
Mr. Hay said the applfca.icn made to the
court was to commit; but the district judge
was to transmit the prisoner ; that, when the
motion should be made to the district judge, it
would be time enough to remove the difficulty,
if it should then occur.
The Chief Justice, said the principal diffi- ’
cully was whether he was not bound, on the
motion to commit, to consider the whole ques
tion which might come before the district
judge. He examined the law of congress,
(1 vol. L. U. S. p. 72, § S3) which requires
that if the ofience is found bailable, the person
accused is to be bound in u recognizance to ap- ,
pear before such other court of the U. S. as
should have jurisdiction ; and askccl how this
could be done when he was “ in custody here
for another offence ? He said too, “ this court
is compelled to speedy ii its order the court to
which he is to be sent, and the district judge is
bound to carry the ordes into effect. How can
this be done while the prosecution for a misde
meanor is pending here ?
Herman Biennerhasset and Israel Smith
Were brought into court.
Mr. llay said he u.,s sorry so much trouble
had been occasioned ; that, as the court appear
ed to be ol opinion, that th(t prism cts could not
be transmitted, until the indictments for mis
demeanor were disposed of. he would acquiesce
in that opinion, and proceed to try Aaron Burr
for misdemeanor.
Ihe clerk was about to read the indictment,
when col. Burr stopped him, and said he was
not to be arraigned, but could plead byattor-j
Hey ; that he was not b fore the court as to this
charge ! J but was ready to make his motion’
for his discharge ; having been acquitted of
the treason.
Air. Wirt observed that the proclamation
made by the officer of the court was that “ if
any person could inform the court of any trea
felony, or misdemeanor committed by the
prisoner, kc. ;” that the counsel of the U. S.
row shewed cause against his discharge, by
charging him upon the indictment for a misde
meanor.
Mr. Botts contended that the court was to
judge w hether iho charge was of such a nature
as to detain mm in custody. lie then proceed
ed to argue, very much at length, that a person
charged with an offence less than capital is not
to be retained in custody, but, in the first place,
to be summoned to answer the indictment. He
said that on indictn cuts for misdemeanors, the
regular course in Virginia was to issue a sum
mons or venire facias, commanding the accused
to appear ; not a cctfiias to take his body ; until
he should be in contempt ; that it was contra
ry to common sense, in cases where the pun
ishment, or conviction, is only fine and impri
sonment. that imprisonment should precedethe
sentence. In support of this position, he cited
Purcell s case in 1779, from the order book of
the general court No. 36, p. 73, 79 and the cas
es cf the Hunts for riots, ib. p. 76 and 97—He
cm J the laws of the several states furnished the
rules of proceeding in tJah, and with respect to ‘
/ iroccss also in the federal courts. To prove
this he cited Call’s M. S. reports of cases de
cided in this court, p. U3, 233 anti 347, and the
34th see of the judicial act. (L. U. S. 1 vol. p.
74); Mur.del’s case in this court, order book
A 33S and 397—St; Clair’s case, ib 404 and
459.
He observed that Judge Chase, in the case of
Cullender, had awarded a capias instead of a
summons; but this was done without argu
ment, and proreeded from his not being ac
quainted with the law of Virginia ; that his do
ing so was the foundation of one of the articles
of impeachment against him. The Senate had
indeed unanimously acquitted the judge on
that article ; but it did not follow that they ap
proved of his opinion ; since thev might have
thought, that he had acted inadvertently, and
wi;h no evil design. To shew that judge
Chase’s opinion was erroneous, he quoted the
argument of Mr. John Randolph one of the
managers of the impeachment (Chase’s trial
p. 17) and cited Mr. Hay’s own declarations,
ib. p 35.
Mr. llay interrupted him, and said that this
conduct in Mr. Botts was unfair ; that Mr.
Martin had delivered on that occasion a long
speech maintaining a doctrine opposite to that
now contended for by colonel Burr’s counsel,
but he would scorn on the present occasion, to
make use against him of what ire had then said.
Mr. Botts said there was a difference be
tween the situation of Mr. Martin anil Mr.
Hay. Mr. Martin was defending a person ac- *
cased, and was therefore justifiable in using !
rite best arguments he could for his client. Inn J
H ,y had declared, as to himself, that lie deten-!
tied Callender merely as the lawyer of ihc co: - !
slituiion ; and on that occasion was giving tes- i
timony as a witness. |
He proceeded to cite 2 Hawk. 402, c. 27, sec. |
9, that a venire facias to cause the party to ap
pear is the proper process ; the Rev. “Cede p
lu6, sec.2S,tosnew that‘upon preset,ime ab) a
grand jury of an offence not capital, a summons
or other proper process is to be issued, return
able to the next court;” and 4 Tuck. 8.. as ex
plaining the word “ presentments” io comp re
build “ indictments.”
He observed th t the oath oft he grand jury
ior that very reason mentioned presentments
oniy. He contended that the words u or other
proper process” meant process in the nature of
a summons—such as a venire facias,
Mr. Hay -aid he feit \ery little solicitude a
bout the event ol this motion ; but rested his
opposition to it on the circumstances that the
court had aircady held co : or.cl Burr to bail.—
lie addmitted the opinion was not binding ;
since it was on a point not argued ; but it \vg.s
founded on the 33d sec of tile act of congress.
(L. U. S. 1 v. 1. p. 73) which di eels bail to be
taken. It would be a manifest incongruity to
hold the prisoner to bail for nis appearance, lie
fore the grand jury had found a bill of indict
ment aguriil him ; and aiterwai ds to let him go
at large.
Mr. V. ickiiam answered Mr. II v in a wi.-j
ty and ingunous speech, which t.e are sorty f
our limits will not permit us to give in ciet. ii. J
lie took, howevei, neariy si mi ;-.r g ootid with 1
Mr. Botts, and iciicd on ihe same juihoti.ics ; j
though, with gi eat skill, he vaiicd the points]
ol view in which he placed the subject. .m I
particularly attacked the argument of A.r.Hay, j
that a mans being held to nail by a magis mie {
before he was indicted, l'urni. hed a leasoti lor 5
continuing to hold him to bail alter the intfici- 1
ment was found; contending it was not me j
law or the practice, upon an indictment for a 1
misdemeanor, to hold the person accused to j
baii. where there had previously been no com
mitment ; and that the circumstance of a prior j
commitmait ought nor to vary the case.
1 he Chief Justice took time to consider
the question, and adjourned the court till
Thursday, 10 o’clock.
COMMODORE PREBLE.
Commodore Preble had just completed the
45th year ol his age, being born in Portland, in
August, 176i. The following sketch of his j
file is copied from “ 7 he Po/yanthos.” j
. “ <-)ur young hero, almost from his infancy, 1
discovered a noble and invincible courage, and j
admirable resolution and perseverance in all
his pursuits. Blest with an athletic constitu
tion, and having no great inclination to seden
tary amusement, his hours of leisure from his
academical and other early studies, were most
ly devoted to hunting, and other exercises of
the greatest activity.
“ *_ lls youth he became a mariner in the
metcantile service, which he successfully fol
low cd, during seine years after the commence
ment oi the revolutionary war. In this war he
was once made a prisoner. After his libera
tion Rom captivity, his enterprize and vigor
were display ed in armed vessels of the state of j
Massachusetts, with honor and success.
“ About the year 1779, he entered as a mid
shipman on board the ship Protector , com
manded by captain John Poster WUttums ; with
whom he served one or two years, till he was
promoted to a lieutenancy on board the sloop of
war Winthrop , commanded by captain George
Mule. In this station he performed a very
brilliant and heroic action, boarding and captur
ing with a few men, a vessel of more than c- j
qual force, lying in the harbor of Penobscot ;
undei a. furious cannonade from the buttery |
and an incessant firing from the troops. Af
ter this he continued with capt. Little till the
peace of 1782.
In the year 1801, he had the command of
the Lnued States frigate Essex, in which he
performed a voyage to the Eust-lndis , for ‘lie
protection of our trade in those seas ; and h v
mg driven oil the cruisers, returned in the loi* i
lowing yeftr wiUi a convoy from fiatavia titi
derhiscuie, consisting cf fifteen ships and o
llier vessels, estimated at the value of four liui
liens of dollars.
“ In the year 1803, captain Preble was hon
ored with the appointment of commodore, and
with the command of the United States frigate
Cons' ,".itio‘i, with a squadron consisting ol se
ven sail of vessels in alt; and before die end of
die year made his passage to tiie Medite rrune
cn sea.
“in the following year, 1804, though he was
destined lo act in die Mediterranean with his
fleet, and naniciilaiiy designed u* subdue or
humble the Tripolitan barbarians ; yet, on his
arrival at Gibraltar , he found tho emperor of
Morocco had made war upon the vessels of the
United States. T his prevented for a time the
pi ogress of the fieet up the Mediterranean, till
the commodore had taken measures to obtain u
peace with that power, on terms honorable to his
country, winch vv,,s happily effected. But alter
the uni M’tuiurte loss oi the frigate t ‘hiladelphia,
he found that his remaining force washy no
moan-i equal to the attack of the strong holds of
7r\ 1 j h, with any rational prospect of success.
Rather than fail, however, in kisck.-agn he ob
tained a number of gun-boatsl of the king of
jYafe. s ., by which he was die better able to op
post the gun-boats of die enemy. Alter the
bunting ol the Philadelphia, tluough the valor
ol file brave lieutenant Decatur, under the
n ruths ol die enemy's cannon, he made his
fipt general attack ; am! all the attacks winch
ne t iade on the city and fortifications, were so
li ts distant m time from each other, and so
jif. ciously conducted, with consummate bia
vei ’ and alertness, that though the obstinate
i' ,'iaai was not induced to surrender or flee,
yci he \V is induced to make great abatements
fun time to time, in his demands for the e
ma oip. tion oi the piiaoueis whom he then
hr! in durance.
‘ it is thought that one vessel more, added to
the small fleet,would have enabled the cummo
cloi to complete tne ruin or capture of the
pl.t e. Much indeed was clone towards compel
lini. die enemy to set at liberty captain JJuin
b\i , with im, officers and men ; and towards
obt icing a peace on moderate and Honorable
ter is, which has since taken place. The con
duc ol our prudent and intrepid commander
vva; such, as to do much honor to himself and
the (lag of the United (Mates, in the view of
Eu ope, as well as of America. His conduct
has ixtorted praise from the Bashaw of 1 ijpo
li h nself: and w hat affords a peculiar and
unexpected honor to the American warrior,
thoigh a heretic, is the declaration of his lioli
neslof Rome—“ 1 hat he has done more to
"Ms humbling die anti-chrisiian barbarians
“°1 ‘ bat coast, tnan ail die Christian states of
‘‘ Liiope hud ever done.”
... r- , .. ...........
Savannah,
SATURDAY EVENING, SEPTEMBER IS,
VI e are authorised lo state, that Aathani
el a>H££X£ Uu tii eu ford, esq. wiii be a
naiinitiate a me ensuing emotion tor members
oi lie state Legislature.
Ine return of captain Comcygs from on
boai'a the Ivenclissli t , ot war Bat riot, enables
us .id stale Unit commodore Jvln urn disclaims,
mm ji-m.iy, ail knowledge of die piratical al
ien, rl to .->eiz.; tne OJiciio. Ihe schooner, it
see.!*, was purchased anti fitted out in this ci
ty lour i i-enehirieu, and manned chiefly
widmesettcis .om rioie and Patriot. Tncrc
vverr 21 of the n oiigiimiiy, u i S said ; 12 ol
whom being secure.l, me potice are busily cu
gagid in se.uciiitig in;- me other nine. Many
tulo.. are in ci-tmution respecting the illicit
tioi.s of those men ; but as the whole truth it
is likely, .vbi come otu on the trial of the cu,-
prits, we rtira,.i Iroin giving the various ru
tnots on that lreaucurrency, —.pfuit. elmericau.
AMERICANS, BE ON YOLK GUARD.
The Danish government at die island of St.
Th< nas Having prohibited the exportation of
protisious, shipping must expect a certain and
hca.y loss on adventures to that quarter. The
actual consumption of the island is trifling; and
if tie present restriction continues in force,
American produce will, in a little time, be saci i
ticeJ there at less than half cost in the United
States.— Philadelphia paper.
The Ncwburyport paper lias acknowledged
its statement respecting the account of the
signing of the treaty, received by an arrival at
Salem, to be erroneous, ihe lapse of time be
tween thi- arrival ol Air. Pm vuucc, and the last
accounts iron) London being only four days,
renders such a tiling very improbable. The
business court! not he arranged in so short a
period ; and it is not likely the Ante l ican mi- I
nisters Would have recommenced negociations
before hearing from homo.
1 ilsit, now occupied by the advanced guard
of fie Trench armi. s, is a large, rich commer
cial town of Lithuanian Prussia. The castle
was probably built in the 13th century, and it
was not until the year 1752 that the place cb
tuimd titc privileges of a city. The river Me
mel| sometimes called the Aiemen, washes the
north side ol the town, and by this stream, its
advantageous trade in corn, in seed, and provi
sion; in general, is maintained with Ronigs
berg—London paper.
PORT OF SAVANNAH.
ARRI VfcD.
Scar. Eliza Am, Purfe—NeW-Yorlc, via Charles
ton—B days—mailer—Northern produce,
CLEARED.
Ship Robert Bolton, Res, LiverpTibJt I
PRICES CURRENT...SAVANNAH
Bacon 17 to 18 cents— </uich.
Bees- A ax—3l to 32 cents— -in demand.
Coffee—29 to 30 cents.
Cotton Bagging—3o cents— scarce.
Cotton, Sea-Island—3j to 37 1-2 rents,
Flour—B dollars to 850 -plenty.
Corn—7s cents— dull.
Ron Swedes—6 dollars 62 rents
Brandy 4th proof, Cogniuc— 1 dollar G cent*
(.m—l dollar 6 cents.
Rtim, Jamaica—9s to 98—rents.
Sugars—B to 10 dollars— /dentn.
■ Loaf— 23 to 24 cents,
t obacco—7 dollars.
lO* Tne REPUBLICAN CITIZENS ,’f
ibis CU V and COUNT Y, arc earnestly re
quested to give their attendance at the Filature,
on MONDAY evening next, the 21st instant,
at 7 o’clock, to take into consideration and form
a general ticket for the next general election ;
To be held in this city on the first Monday in
Octobcr next. jyj yjq y
Board o! Fire Masters,
■Savannah, September 14 h. 1807.
BOARD OF FIRE MASTERS, from a
.* ate inlpecrion of the Eire Buckets, are induced to
recommend to the citizens, a due observance of the •
Fire Ordinance, by keeping their Fire Buckets in'..nod
order, and lettered, and in idle convenient pla ex Ilm
law will be rigidly enforced againlt all thole who ulb
lire b ckeu, except m case of a.arm.
tract from the JSrinutes*
’3 Thomas Pitt, Clerk.
COALS.
A quantity of excellent SEA COALS,
FOR SAJLE IIY
S. 8t C. Howard.
September 19. L j o <j
FOR NEW-YORK.
Love:y Lass,
*’ ‘ F. Wiiritler, mailer,
Will positively fail on Thursday, 24th instant. Fo;
freight or paflage, apply on board, or to
Lmicb &t VViiiiiim M agoo.
September 19. *lO3
(U n ThebrirFrienoship,rapt iit
Curistee, will fail oh Sunday for NEW-YORK...,
A little freight vvi Ibe taken low. Apply to
A. S. Richards ?<. Cos.
September 15—*■101...A
The ship Charleston h IS Com
menced loading for LIVERPOOL, and will lie dis
patched in tis een days. For freight of ioo hales of
co tor, apply to
J. &. W. Magee.
September r. yj
, FOR SALE,
FIFTY ACRES OF LAND.
I VINO on the White-Bluff road, about Hr mile*
afrom Savannah; almuf twenty acres are cleared,
with about two feundre > peach and apple trees; wirli
dwelling, kitchen and out, houses. I E, ; terms wil b*
made known by applying to the subscriber, in Savannah,
at Spring-Hdl.
\Vrcn Benton.
September 19. r 103
PAINTING.
SEIM 11. KEEN,
INFORMS the gentleman of Savannah and the pub
lic in general, that be carries on the HOUSE and
SION PAIN I INO, in the flioo next door to < octot*
John Love’s, on the Bay ; where all bull at Is j„ hi
line will be attended to, when culled upon, with itridi:
attention.
GROCERIES will he taken for paymeipt ii morel
convenient for the employer*
September 10. JO3
Stop the Run-away*
RAN AWAY from F.henezer Jackson’s plantattnlli
on HutchinfonS Illaud, a NI ORO FELLOW*
named MORRIS, ffometimes calls himfelf Jeffrey)—
black complexion, five feet ten inches high, about gif
or 93 yearsi Id ; has a fnuling countenance when lpolreit
to. It is supposed he may be lurking about Whitmerlk
or Thunderbolt.
Al persons are forbid employing said negro, especi—
ally on hoard ol Veffel,a they wifi be profttented for
fj doing.
Any person apprehending said negro, and delivering
him to the fubftriber, Iho.il receive FIVE DOLLAR.'),
Gardner Tufts.
Septembr 19. L { ivj
Five Dollars Reward.
RAN AWAY from the fubferiber on the 17th inffd
a NEiOP.O MAN, named PRINCE; five fees
eight or tone inches high, dark comps ..ion. He has .i
fear on the left fide of his head; and had on when ho
went away, a long pea-jacket and striped cotton flint ;
ipeaks good French and had Eng liar
Whoever will lodge said ncorb in Savannah, goal of
deliver him up to the Sublcriber, will teceive tho
above reward,
Stephen Wnddingtoii.
N. J?- -Ail rnafttr*) vefTelsare for warned from em*
ploying the above negro, or taking him oil. Fifty
dollar * will be paid to whoever will furriiHi fufTicient
j prf>of to convict any person ol harboring the ahuvo
negro. W.
* fcieptemherlQ,