The Republican ; and Savannah evening ledger. (Savannah, Ga.) 1807-1816, November 05, 1807, Image 2

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JUST LANDING, •f ‘rom O'. b'jurd sloop Sally, Jrom lihode-Islo’i^, Barrels ClI)I'lH. Do. AFPLIiS Casks S TONE I .IMF, PO TATOES ami ONIONS BEE IS, per btwhcl or larger quantity f'.xceilent CHEESE, OA i S, and A small quantity of \yhitc-Ptne BOARDS. .For cal -—apply on board, or to George Pitch rr, October 31 ~ LANDING*” From brig I) t. A A", IS chefHHYSON TEA * pipe* M ADO A A WINK SO A F and CANDIES of thr r.ioft approve braud Pll’Ed in fcoit!- for file by John S. Aiit hell, Jj/in B ton tv ha rs t 119 Loaf Sugar. Forty ho;;rat-ad# firft quality LOAF SUGAR, re oivi-d on cor. gnment, per JUip tliw, from Liverpool, and lor file by Taylor h Scarbrough. October §. 110 Bills on New-York, At a fliort fight, for I ale by James &. Willinm Magee. December 2 33. Ginn Bags. o Junt received and for sett, 50 pieces of narrow BAGGING, well calculated for ginn and picking Bag#. Norman JVl'Leod. . August 29. 94 Crockery Ware. Jlcccived on consignment, per chip America, iron/ Liverpool, 40 crate, well aborted CROCKERY WARE, which will be fold very low. Apply to Taylor Sc Scarbrough. September 29. 107. “REMOVAL. THU Snbfcriber# have removed to the larqm Hone bui'ding, on ravine & ScA.nani'On’s wharf; where they are now receiving a principal part of their Fall Supply of Goods, Ey the Amrnct, captain Nict|ot.*,ar<lthe Autak- Dm Ho 11 ton,captain Cam.au an, from Liverpool, and for faie by James Dickson Cos. Septemb r 26. in 106 ■ T ~ PAINTING. SKTH 11. KEEN, INFORMS the gentlemen of Savannah and the pub lic in general, that he carries on the HOUSE and SKIN PAINTING, in the lho,\next door to I toc'or Joun Love’s, on the Bay; where all bulinefs in his line will he attended to, when called iq on, with Unit attention. GROCERIES will be taken for payment, if more Convenient for the employer. September 19. 103 Tenements in the Exchange, TO RENT. Will be rented to the highest bidders on the premise. I O/i Saturday the \ Uh day of November next at 10 o’clock in the forenoon, the following Tenement, in the Exchange, viz. CF.LLARS, No.. I, 2, and 3...SCORES, Nos 1 5, 6,7, B. 9 and 10. Also. the LONG-ROOM, known by the name of Me bc it an r’ Hail; the north-call and north-weft ROOMS on the fame floor. Like wile, all the ROOMS in the third or upper llory. Term. Siadc known on the day of lale. By order of the Trustees, Thomas Pitt, September 29.—107. Secretary. NO T I C E. A LLperfon. having any demand, against theefttates a t ofThomai Smith,and l'homaand William Smith, late of the citv of Savannah, merchants, are reijuefted *o lender the tame duly attvlted, to Atton Pemberton ; and those indebted to said ellaten, are requested to fettle with him, he being authoi iled to receive payments and give acquittances therefor. Susan M. Smith, Adni'rx. Atton Pemberton, Adm’r. September 1. 99 FOR SALK, A comer BAY LOT, No. 5, Franklin warj, fubjeift to 30 dollar, per an- Sum, • ity ground rent. On the ‘ot is a very conve nient two llory dwelling house, and other out houles 11 e term, will be made eafv to the purchaser -Mfo. a likely, healthy,intelligent MULATTO BOY, about 25 year, of age ; a complete house ser vant, and a good waggoner and ploughman. Apply to Builocn tc Glen. October 23 117 THE SUBSCRIBER offers ion salf, Hi. two valuable LOT and, uear the Exehaugc, in . hi* city Jcptph Habersham. func Id, go CAMDEN COUNTY, GEORGIA. THE CHARGE Os Ids honor Jons Y. .Voel, Judge of the Supe rior Court, for the Lantern district ts Georgia, to the Grand Jury oj Camden County , ut Octo ber term, 1807. Gentlemen of the Grand Jury, T he judicial powers ol the Superior Court, in tins sta e, are composed of a criminal and a avu jurisdiction—each of these is general and unlimited in its opciaiion, and founded upon the principles, and pursuing the course of the common laws. For these principles, and fear this mode dicial piocedure, we are indebted to the wisdom, integrity and patriotism oi our ancestors—and, perhaps, of the many poli'ical and jurispruden tial instituting which we have derived from their illus rtoui model, none is so invaluable in itself, or so fii m in its durability, as the trial by jury. This int s imable trace will remain when every dtner part of the transcript shall have been obliterated and forgotten. The criminal juris diction of this court extends to all criminal of fences against the public peace and safety; and to all offences, accompanied with force, against the right of personal security, the right of per sonal liberty, and the right of private property. To enumerate the various classes, denomina tions and qualities ofwrimes and offences is unnecessary. You are, in some degree, ac quainted with, and will have the counsel of the state’s attorney, to infot ni you of the ordinary offences, which, by the common and statute laws of this country, are subjects of indictments. Iti. the province of a grand jury to decide, from the evidence, on the part ol the state (not whether the accused be guilty or not guilty) but whether theie is foundation for the accu sation and ground for cubing him to answer at the bar of pubiie justice. No man can he brought hither to defend himself against the charge of having coinn Kited a crime, but thro’ the medium of a grand jury. Thus wisely, thus happily, are the personal liberty, safely and honor of each member of society, sheltered against the storm of popular prejudice, the malignant tongue of die dtfuner, and the vin dictive grasp of the malicious prosecutor. I am informed, by the gentlemen prosecut ing the pleas of the state, that very little busi ness of a criminal nature will come before you during the term. In the commencement of my judicial func tions. it affords me very sincere pleasure and to remark the orderly and peace ful state of the community in which 1 embark. Permit me, most co diully, to congratulate you on this happy effect, resulting from vigi lance and exemplary conduct on the part of your magistrates, and a general disposition in the good citizens of your county, to cultivate the moral and social virtues. Suffer me, also, to congratulate you on the prosperous state of your county, as to its domestic concerns, and on the peaceful and flourishing condition of the stale at large. May the citizens of this county, under the smiles of Heaven, continue to enjoy and to de serve the blessings at present in their posses sion, by persevering in obedience to the laws; by venerating our holy religion, as the only genuine and unerring sysie nos morality ; and by promoting, as far as lies in their power, the interest of science aid literature. It is a truth which must he seriously impressed on every sober, reflecting mind, that society depends more for its preservation and support on the diffusion of religions knowledge and literature, than on any other caoses. I shall close this address, respecting the first branch of oui jurisdiction, by mentioning, that it you know, individually, of any crime or of fence, committed within the body of your coun ty, it is your duty, under the obligation of your official oath, to disclose this knowledge to your fellows, who are bound to communicate it to the attorney-general, that it may become the basis of an indictment. In the operation of our civil jurisdiction, you also have an important share of duty and res ponsibility ; you are the persons designated hy our judicial statute ior hearing and deciding upon appeals and causes, peculiarly equitable m jurisdiction To prepare you for discharg ing th's duty, you arc sworn to decide accord ing to equity. In pursuing the path pointed out by tms oath, that equitable discretion will he exercised in conformity with positive con stitutional and leg.i principles'—whereby rights may he so invested, s not to be divested, with out violating the Imidainental and immutable rules of justice. Thf. answer Os the Grand Jury fir thr County of Camden, to his hmor Judge.Voel- for his excellent charge a ’ ‘he opening of the court. The Grand Jury for the county of Camden feel a peculiar pleasure in addressing the hon orable John Y. Noel, congratulating him, the state, and the citizens at large, on his appoint* •unit as Judge of the Superior Court For the eastern district. Keeling a decided confidence in the integrity of his principles, and that he will faithfully discharge the arduous duties at tached to his office ; and in the event of his re appointment by the legislature, which we ear nes ly wish, we anticipate the numerous and i solid benefits which will result to our country j from the administra'ion of the judicial depart- ’ merit by one whose talents and long experience * eminently qualify him for so important a trust. We agree with his honor, the judge, that the j Dial by jury is the great preservative of the j rights of freemen; and that it becomes their j duty strictly to watch over and keep it itivio- ! late. From the happy administration of our government, we are convinced that it will con- ’ tinue to be considered as the palladium of cur t ights, and that no innovation will be suffered to sap its foundation, or in any manner to en danger its existence. We feel sensibly the compliment which his honor the judge has expressed, relative to the oiderly state oiour county ; and hope, that by the continuance of an impartial administration of justice, and the pieservation of harmony among cur fellow-citizens, a union of .sentiment will be, as heretofore, prevalent; and that we shall experience the great advantages necessa rily resulting therefrom. We also coincide with his honor the. judge, in venerating religion as the basis of the happi ness of civil society ; and we congratulate our- on ihe diffusion of its precepts, and of its practice, becoming more geneial among us. The grand jury Request leave to offer their thanks to ins honor the judge, for his excellent charge ; his punctual attendance, and lor his unremitted attention to the business of our county. It is our wish, that the judge be pleased to fur nish us with a copy of his charge, and that the same, together with this our answer, be pub lished in one or more of the gazettes of this state. James Seagrove, Foreman. Henry Sadler S William Gibson Ezekiel Kudncl J Jordan Mabry I lioinas 11. Miller > James King Asa Latlnop q John Brown Wm. Ncblack S John Howell F. Waterman q Isaac Lang Abraham ilessent S Harman Courtcr Thomas King, jun. Janies Smith Wm. Johnston S Camden county, October term , 1807. EVIDENCE OF GEN. WILKINSON, CONTINUED. Federal Court, Richmond, Friday, Oct. 2. Mr. Wickham calied on gen. Wilkinson to produce the President's letter approving his measures. Gem ll ilkinson. Ily referring to my papers, 1 discover I have made a mistake. 1 find I have no orders from the president di recting the seizure of colonel Burr. The or der is tioin the secretary of war, and has been already published, directing me to seize the principals tu the enterprise. I did believe I had an order from the President specifically directing the arrest of col. Burr. The mistake ! arose from my misapprehension of the tenor of j a letter from the President of February, which > blends public communications with private af- ! fairs. Mr. Wickham. Have you no letter from J the secretary of war, approving your conduct in 1 general terms? A. I never hacj such a letter j lrotn him. The approval of my conduct is ex- i pressed in general terms. Mr. Wickham. You ; wrote the President about these transactions j was the letter to which you referred an answer ! to toese communications’? A. T hat letter, in its • public i elation, merely acknowledges the ic- i ceipt of two letters from me, and the arrival of • a confidential messenger I sent to the P.esi- i dent, it gives sonic directions, but generally conveys information merely. Mr. Wickham then applied for the produc tion of this letter. It might be important to col. Burr in this point of view. Gen. Wilkin son sends on certain communications by Mr. Briggs, and in this letter the President acknow ledges the receipt of them : so that, by referr ing to that letter, it was easy to know what j were the communications made to the Presi- j dent by gen. W. Mr. Martin. We have a right to demand this letter. Chief Justice. It is j easy to read the passage, which refers to the 1 two letters, and to Mr- Briggs’s communica tions. Mr. Martin proposed to put the letter into the hands of tile chief justice, who might mark such passages as he might think impro per i° he read. Gen. Wilkinson. The letter is in the hands of the attorney of the U. States. ! Mr. Huy. If the court will state those subjects to which the letter should relate, to have any bearing on this case, I am ready to produce such passages. Mr. Burr observed, that he knew of but one ground on which a public do cument should be withheld from a court of ! justice, which was, that it might contain some- ! thing relative to foreign negotiations actually j pending, and the public good required its con- i ceulment. t But, in the present case, the trails- , actions referred to in the letter might have passed over—a letter too which is not a public J document, but a private communication. Mr. Martin. No government ever dared to suppress j information which was necessary to an indivi dual against whom it had commenced a prose cution There never was such an attempt to I establish anew principle, as is done on the pre- I sent occasion. Mr. Hay. Mr. Martin asserts, ! that there never was such an instance as the ‘ present, and that we are attempting to establish principles altogether new. I do not, sir, attempt to establish new principles. Ido aver my con fident opinion, that this paper does not, in the slightest degree, : elate to the present case. I will not say that the gentlemen know this fact ; nor do 1 say that they have other objects in view. \\ hat effects they may have out of doors ; what materials they may furnish to gen tlemen of a certain way of thinking ; I know not. But I do assure gentlemen, that when this letter is produced it will have a very differ ent effect from what they may contemplate. [Mr. Hay then read the last paragraph of the letter.] Mr. Burr. If there be a single sen tence in that.letter relating to me, I have right to demand it. Why is greater regard paid to the President’s secrets than to mine ? My pa pers have been fraudulently seized, and such passages only culled from them as suited the put poses of my enemies. Mr. Hay. I am placed in an tn.baliassing situation. 1 have no übjtc ion to the production of ibis paper; but, in in) opinion, it has not the smallest appiica cuiiun to the present case. If this letter ever is produced, n Wnl but place the conduct of the President < n that high ground of propriety which has ever been contemplated and assigned to Inm by ihe people of ihe United States. If gentleman warn this letter, let them state hoiv it is relevant. I am.content that you, sir, (the chief justice) should read this letter, or that any other person should ; but I cannot consent to produce evety paper which gentlemen may think proper to ask lor. Mr. /I ret. These gentlemen, it seems, are carrying on an impeachment against the Pre sident of the United Slates. What is their object in demanding this letter ? It is no more than vainly to attempt to inculpate the presi dent, and to gratify their spleen and their re sentment against him. Is that the object ? Is Aaron Burr more or less guilty, because he has approved or disapproved the measuiesof general W ilkinson ? T hey want to ask you which is the more guilty—Thomas Jefferson or Aaron Burr ? Are you then Dying the pre sident ? And even if you were, would you not have him here, and give him an opportunity of answering to his accusers ? T his letter, sir,A/ ever it is produced, will show that the motives of the administration were as pure and as pro pet as its friends could wish, or its enemies covld fear ; it will appear that the reprobated conduct oi geneial Wilkinson, m this instance, was such as was justified hy the circumstances of the case ; and that if the administration have approved it, they have approved of nothing but what was proper. We hope, that unless the court be satisfied of the relevancy of this paper, they will not unnecessarily violate the sane.ity of private correspondence. Mr. Wickhum. It has been said, that we wish to inculpate the go vernment. No, sir, our object is to defend ourselves ; and if in doing this, we do incul pate the government, so much the worse for them. W Hen, sir, the government have spent 1<X),000 dollars on this prosecution ; when eve ry quarter lias been ransacked for evidence against us ; is it not important for us to show iroin what motives this prosecution has been commenced ? Geneial Wilkinson has been under examination these two dfiys. He has produced documents which he has mutilated and then restored. Gentlemen say that h<• is the pivot on which the prosecution turns. We wish, sir, to examine how far this witness has been consistent with himself; and what credit is due to his declarations. Mr. Martin. It has been already decided in this court, that the Piesident has no more light here than the man who walks the streets m rags. “ What 1” says the gentlemen,“ will you then violate ‘tie sanctity oi private correspondence ?” fair, when that gentle mat} made this declaration, 1 look ed at his face to see whether it did not blush wan shame and even burst blood at expressing such a sentiment. Mr. Win. I liopte sir, the redness ot a man’s face is no evidence of his guilt. Mr. Martin mistakes me. I demand ed whether this court would violate the sancti ty oi correspondence, unless there was 4m ade quate necessity for it. 1 he argument was continued for some time in this desultoi y manner; after which the (JhiL'i Justice observed, that he much regreited that any difficulty had occurred 011 the subject; that it was irksome to him and it was with con siderable reluctance that he required the pro duction oi such a paper; but that he did only what his duty prescribed to him ; that it was impossible lor him to determine, even if he saw the letter, how much of it was relevant to the present case, because lie could not antici pate what ground of defence would be taken by the accused. He saw however no necessity for reading it in public. Mr. Wickham. Let us see the letter, and then if we think it to be relevant to the presen case, we may read it in the cause ; but no copy nerd be taken. Air, MRae. I should rather, sir, that it be exhib ited in the most public form. It is ly way to avert the misrepresentation of its con tents. Mr. NI Rae then read the letter marked (71 Mr. Wickham demanded the production of the whole letter of the 12th of Nov. General M ilkinson, did you lay it before the grand jury ? A. I did. Mr. Burr. The entire letter has been used against before the grand jury. All idea of state secrets is therefore at an end ; and there can be no objection to produce the whole of it in court. I shall expect that gen. Wilkinson w ill bring the whole of it into court to-morrow. Mr. Flay. I have nothing, sir. to say on this subject. Chief Justice. ‘The President has cer tified his reasons for communicating only cer tain parts of that letter; and he believes that the other parts have no application to the pre sent prosecution. Mr. Martin I hope the court has not already deckled that point. Has not this court already declared, that the President has no more power here than any other man ? if this be law. for which gentlemen now contend, Gud forbid that I should remain a citizen of the United States! And is Mr. Jefferson to be a judge ol the relevancy of evidence, in a prose cution in which he has taken so active a part against the accused ? Mr. Jefferson, sir, is a man of no great legal knowledge. He was of no celebrity as a lawyer before the revolution, and he lias since been so engaged in political pursuits, that he has had time enough to unlearn the little law he ever knew. Mr. Hay. The only end of this conversation is to abuse Mr. Jefferson, Plr. Martin. Sir, we shall so use Mr. Jefferson as not to abuse him. Remember that the life and liberty of colonel Burr are shown to he no longer dependent on Virginians, and therefore I am freed from any restraint in