The Republican ; and Savannah evening ledger. (Savannah, Ga.) 1807-1816, November 05, 1807, Image 3

Below is the OCR text representation for this newspapers page.

declaring what / think. If Mr. Jefferson him stii Was here, wouk. not this court call him be fore it, and ni.ike hiui disclose upon oath the contents of that letter r Suppose, sir, that in this letter gen. \V. has denounced governor Claiborne and Cowles Meade ; suppose that in this tetter he has represented all the people ot New-Or leans as disaffected ; suppose that he has attempted to throw every influential man but himself under the suspicions of the government, in order that he may raise him ovlt into tavor—is this a leason why this letter should be respected or withheld ? Mr. Burr repeated that this letter had been laid btfoie tiie grand jury ; that it was therefore no longer a state seciet; and that he had a right to ask lor any thing which gen. W. h. and showed or said to the grand jury. Chief Justice. After such a certificate from the President of the U. States us has been received, I cannot direct the production of iliore parts of the letter, without sufficient evidence of their being relevant to the present prosecution. I should suppose, how ever, that die same source which informed von of the existence of this paper, might inform you of the particular way in which it was lele vam. Mr. Burr. In such a case. I ask no man’s opinion but my own. Chief Justice. 1 cannot assist you. Mr. Burr. Hve not Ia right to ask ujmt any one said before the grand jury ? M<\ iThkham read certain parts of the extruer* td and furnished copy, to show, i hat, from the context ot those putts, the omitted passages bore directly on the subject The President of the United Slates might have had proper rea sons on account of gen. \\ i.kinson to withhold those parts, but gen. Wilkinson himself has no right to withhold them ; and ii he produced the whole letter before the grand jury for the sake of criminating col. Burr, he may certainly be called upon to lay it before this court. Gen. W ikmxon begged leave to correct the expression ol the gentleman about his motives. He did not produce his letter before the grand jury to criminate colonel Burr, but to vindicate himself Mr. llickhum. 1 hat is the very thing which I say. Why did he wish to vindicate himself, but to give greater effect to his crimi nation ol col Burr? Ge . ililkinson begged leave to state another consideration. When he appeared before the grand jury, he recollects Mr. Taylor ol the grand jury enquired of him whether he introduced cei tain papers to vindi cate his own conduct, and that he replied in the pffirmaiive ; he remembers also observing to thfe grand jury, that certain parts of his infor mation involved such delicate personalities, that he should not willingly give it publicity, and therefore he hoped what he said would be received in confidence, to which a member (Ur. Barbour) after some pause, replied, “ whatever you say here, sir, is received in con fidence.” Mr. Ilay. Mr. Tazewell is here and will confirm that statement. Mr. Burr. Then they did a very improper thing; and l hope this court will not countenance such a proceeding. The gentlemen must be mista ken, sir. [he grand jury could not thus re ceive secret information. Mr. Hay observed, that gentlemen acted very precipitately in con demning the grand jury unheard ; and appeal ed to Mr. Tazewell for what he knew on this subject. Mr. Burr. They have no right to introduce a witness now, when vve have one under examination. Mr. IVirr supposed, that when the grand j >ry was thus charged by the accused or his counsel, they had a light to ap pear in vindication of their own conduct. Air. Burr. 1 hat may be a pleasant occupation to the. court hrretfir j but at present we have a wiu'ess under examination. After a long and desultory argument, the Chits Justice determined that the correct course was, to leave.the accused all the advan tages which lie might deiive from the parts actual v produced: and to allow him all the ad vantages oi nu/i/wsiug that the omitted parts .related to any particular point. The accused may avail .himself as much of them, as if they were actually produce k Mr. Ifickhum. We shell then insist in the course of argument, 4Jut ou! suppositions, if not disproved, must be receiv ed as evidence Mr. Ala tin And 1 shall take the liberty of stating what is actually contained in the omitted parts < f the letter. For I know vvh.it they are. Mr. IVirt. Mr Mu •tin, sir, is privileged to say what lie pleases of any person or thing. Mr. Burr to General IVtt kin son. Was there not an order given by you to seize the person of Mr. Pintard; A. I have no recollection ihat I gave such orders; and 1 conclude, from the circumstance of an explanation I made in the newspapers that, I did not. Mr. Burr. I have seen an order said to have been from you. for seizing him ? A. I do not recollect it; but if any such is shown to me, I shall certainly confess it. Q. Uid you give any orders to at rest Daverzac ? A. I gave general orders only. I stationed a guard about two miles above New Orleans to stop boats and persons. Q. What were the orders given to that guard ? A. to stop all persons descending the river. Q. And to seize papers too, ? A. Ido not recollect. Q. Were the papers of Mr. Pintard brought to you ? A. They were ; put uhey were immedi ately returned. Mr. Hay. It is the ofinion of the conrt. that general Wilkinson is to be interrogated about all bis transactions at New-Orleans ? I object not to healing the truth, but I cannot consent to this sacrifice and waste of time. I believe it to be a principle of law, that when a witness is introduced by the prosecution, he is only to be cross-examined about the points of his original testimony. Is this prosecution never to end? or are vve to wait to give the accused an oppor tunity of entrapping general Wilkinson, which they avow to be the object of their interrogato ries? Mr. W’ickhom It is a novel idea, just •urted by the gentleman. If such weie the law, the prosecution need only to seize on the most material witness on behalf of the accused, examine him only as to a few points, and then dismiss him. All his evidence in favor of the accused would consequently be lost.—Mr Hay. The law is laid down in 2 Atkins. The Chief Justice overruled the objection and the exami nation proceeded. Mr. Burr. What letters directed to me, did you take from Pinturd or Daverzac ? A. None. Mr. B urr. Did you return to those gentle men, all the papers you took from them ? A. I think I did not. But Ido not recollect what part of them I retained. Mr. Burr. You have read the constitution. By what authority did you seize private papers ? Gen. Ilitkinsou to the court. Am 1 bound to answer questions which may criminate myself ? Mr. Burr. To state the authority, which he seized the papers, can not eliminate him, though the tact ol seizing might. Chief Justice to general Wilkinson. When you discover that any question may eli minate you, you need not answer it. Mr. Ba ker. And when lie does resort to that expedi ent, he is to be understood as shuffling from the question, and as likely to criminate himself by his answers. Mr. Wirt. And il is also un derstood, that when called on in this manner, he may explain his conduct by drawing a pic ture of the defenceless condition in which he found New-Orleans, and the necessity of resort ing to such strong measures for its delence. Mr. Baker. And if he does give us a picture, it must be a true and faithful one. Chief Justice. I have staled to general Wilkinson that he is at liberty to explain the motives of his conduct. Gen. Wilkinson. Then, Sir, 1 will explain and substantiate the motives of my placing this guard, and of my other measures. Here is a paper ; a letter of advice from general Jackson to governor Claiborne, warning him of the ap proach of a large body of men to New-Orleans, combined and engaged for unlawful purposes. Here, Sir, is a deposition which goes to show, that Judge Provost, the step-son of col. Burr, saluted a public officer in the streets of Orleans, anti congratulated him on the arrival of general John Adair us the second in command to col. Burr, at New-Orleans.—Here is a deposition of commodore Shaw, which shows th.tßi ad ford, the printer, had repot ted a most terrific account of the movements in the upper coun try ; of an armed brig being equipt. and even of 12,000 stand of arms being issued by colonel Burr. These were the reasons for my taking such decided steps ; and so impressed was i with the dangerous situation of my country, that if I had omitted these precautionary mea sures, I should have deserved the severest de nunciations of the government. I was prompted by that pure patriotism which has always influ enced my conduct, and my character for which, I trust, will never he tarnished. I shall conti nue to defy the utmost art, fraud, deception and villainy, that my enemies can practise towards me. Mr. Wickham objected to the production of the depositions. After a desultory argument. The Chief Justice determined that it was not correct to read them. If these affidavits had been made previous to the transactions at New- Oi leans, they might have been read as expla natory of the grounds of general Wilkinson’s conduct ; but being taken since, they are ob jectionable, as every thing of that kind ought to be subjected to a cross-examination. Gen. Wilkinson has stated the grounds of hi's own conduct, and very properly ; but lie has no right to support his explanation by illegal evidence. Mr. Baker. The court having disposed of the depositions, the only question that remains, re lates to the letter. On this question two points Occur —Ist. Whether this is a correct copy of acer tain letter—and 2dly. Whether that letter was written by general Jackson. Chief Jus ice to general Wilkinson. Do you know the hand willing of general Jackson ? A I know it only bv comparison. I never saw him write Air. Wickham. Did you compare this letter ? A. My clerk did ; and he is liete. Mr. AT/?e. Is it not your best belief, that this is a true co py of the original ? A I believ eitto be a cor rect copy. — Mr. M'liae. Did not this letter form the ground, in part, of your conduct ? A. It did certainly influence my conduct. Mr. Wickham objected to its being read, because it was only proved to be a true copy by the gene ral recollection of the witness. Some desulto ry discussion ensued. Chief Justice. Both sides admit, Aval it is immaterial whether gene ral Wilkinson’s impressions of the state of New-Orleans were actually true or false. Both sides admit that he may produce any letter, w hich is verified by himself. But this copy is not proved to be a true copy. There is no ob jection to general Wilkinson’s stating the con tents of this letter ; but that statement cannot he confirmed by the copy that is offered. Mr. Wickham. There is one thing more to be considered. The court has not come to any posithe decision as to the letter of the 12th of November. If genet al Wilkinson docs not pro duce the omitted parts, by the rules of evidence we ate at liberty to stale and to use them, until they are disproved. General Wilkinson may, it he pleases, produce the whole letter at any subsequent period. Mr. Hay. The President of the United States has prescribed the course which should be pursued. It is he, and not general Wilkinson who withholds the omitted parts. It is fair then, that the opposite counsel should supply these omissions as they please, and that their suppositions should iie received as evidence ? Chief Justice. I have already decided this question. It is ceitainly fair to supply the omitted parts by suppositions, tho’ such ought not to affect general Wilkinson’s private character If this wet e a trial in chief, I should think myself bound to continue the cause, on account of the withholding the parts of this paper j and I certainly cannot exclude | the inferences which gentlemen may dt aw from l the omissions. General Jl ilkinsen. I have to offer, sir, a letter irom James L. Donaldson, which Mr. Martin called lor yesterday. Mr. Martin. This is only an extract. General Wilkins n. 1 had no other. Mr. Martin, (returning the paper) \\ e take no extracts. Mr. Wirt. (in an under key) Unless it be of molasses. Genet al Wilkinson. 1 have also another paper. It ts the extract of a letter from Air. Covington, showing that the cypher was invent ed in 173-;. Mr. Wickham. Did you ever use these cyphers, or any of them, or any other ; cypher, in correspondence with the Baton Ca- ‘ rondclet ? A. No. But I must reflect on that question before I answer it decidedly. [kemaixdsH IN OUR NEXT.J TO THE WALL-FLOWER. Dear odorous plait! whole ye.low flowretsbloom, 1 ho’ sterile inter thills thy filler train, Brills the gay folia e, wafts the loft perfume, And, reekiefs, fucks the vegetable vein. The hoar froft fpreada around his mant ing white, Belet with transient gems of icy dew, Autumn s ritt Ihadows cloud the gloomy night, And Nature feels a death in all but you. ’ Tis thus unshaken Virtue bravely (lands: Humble, yet firm, she bears the hi.ter blast; Tho keen Misfortune leite her {halting hands, And poverty’s cold dews her path o’ercail. V. ithbrighter beams the lovely fuflferer glows, Gathettng lre(h lutlre from surrounding woes. Savannah, THURSDAY EVENING, NOVEMBER 5, 1807. COMMUNICATION. 1 lie Brigadier-General of the first brigade, of the militia of Georgia, having tevie wed the sevetal regiments and battalions under his command, tor the purpose of procuring the quota ol men required irom his brigade to form a part ol the general army of one hundred thousand men, lecls pleasure in announcing, that tlie necessity of di alling has been superced ed by the voluntary and patriotic tenderol'lhc services oi the militia to their country, with the exception of but nineteen nun in ti e bri gade, and ate of the following counties and bat talions, to wit—Camden Bih battalion, volun teered, with the exception of sixteen men ; Glynn 7th battalion volunteered, with the ex ception ol one man ; Liberty 4th battalion vo lunteered, except two men ; Bryan sth battal ion volunteered unanimously ; Chatham Ist re giment, on receiving the signal for marching, the artillery, cavalry and infantry gave three chcets and volunteered to a mu*. The same unanimity prevailed in the 9th battalion and 3d battalion of Effingham. Greater zeal and patriotism have never been displayed by the militia of any country, than have been evinced on this occasion, each individual being desirous of embracing the first opportu nity of embarking in the service of his country. In sevet al instances, the right of preference has been decided by lot. The failure of colonel Law’s orders reach ing the 6th battalion, prevented them from an opportunity of following the example of their fellow-citizens. It may not be improper to observe, that, al most without an exception, the persons who refused their voluntary services were hostile to the interests of this country, at the close of the } last war, or are the sons of such characters. Savannah, JYovember 3, 1807. The following intelligence is from Louisville, Ken. August 13,1807 -—Yesterday Davis Floyd l was found guilty of misdemeanor by the circuit ] court of the Indiana territory, held atJefterson j vilie, on a charge of the United States, as con j nected with Aaron Burr in his late treasonable I expedition. It is expected the court will pro ] nounce their sentence this day. The honorable judges Davis and Taylor presided.— Rich, fiu/i. | The following particulars are furnished by ) Valentine M. Rathbone, a missionary among the Indians : 1 “ That he was at Buffaloe-crcek on the 14th i of August, when a long talk was held by the ; chiefs of the Six-Nations, and Mr. Granger, the ! United States agent. That they expressed , their aversion to war, and thei’ - determination to live in peace ; but that they feared that some | of their young men would be seduced by in toxication, or bribed by some other thing, to raise the hatchet against the United States.— ‘1 hat they should watch over their young men, and warn them of the evils of a state of warfare. J —1 hat they lamented the introduction and too | frequent use oi sptritous liquors among their j brethren ; and ascribed to intemperance those ; calamities which result in commotion and j bloodshed—That they appeared to enjoy and j appreciate the blessings of peace.— That they \ made rapid advances m agriculture; many of [ their lands being in a good state of cultivation, and their harvests waving in great luxuriance. That Mr. Granger replied to them in a very conciliating manner, whose address was well received; when they separated with marks of ! the utmost cordiality and good understanding.” — Went-York paper. PORT OF SAVANN HI. Arrived, Ship M'irs. Henry, New York, 9 days—Ogden’s 8c Baker, Schoonci Eliza Tice, Tice, Philadelphia, 18 days—Jacob Idler 8c Cos. Grand Exhibition. The public arc respectfully informed, that MR. RAX.XIE will exhibit TO-MORROW EVENING, at the Exchange, WHEN he WILL OIVE A Grand Display of Various Per formances, \v Inch net et has failed in giving general satis faction throughout Europe, and the different cities of ‘he United States, He practises that SINGULAR FACULTY, \ entriloquism; ‘1 o which will be added, his surprising Philosophical Deceptions and Thau* muturgic Experiments, Newly invented and performed only by himself- BY DESIRE, He will exercise his much-admired Art oi Balancing. o 1C?’ 1 Jhe room is in the most ample ufr for the rcc ption of the public. TICK.E. ‘5 to be had at the place of performance, November 5—123 Bethesda. |C7* The 1 HUSTF.ES arc notified to at tend lit the Plantation, on Saturday next, ut ten o’clock, being their Autumnal Meeting. November s.—c ~~~ nO’ nre7” The Copartnerfhip of the fub'eribers, 11 a l ', fucli ng bulir.efs under tlit fi m of BELCHER PHELPS, Expired j?n the ti ll of September rift. William Belcher, C harles P. Phelps. Boston, October 10, 1807. - YVILLLW BELCHER, I i rrns h>s fi lends, th the continues to tranfaflt BU.-INIi S ON COMMISSION, and tenders ms lervces in that line Boston, October 10, 1807—123—m0 FOR ‘ she staunch, last-sailing Ship M ARS, Chari es Henry, Mailer. Immediate difpatdi will he given, having ha sos her cargo ready lo go on board For the remainder, or pafiage, (having elegant accommodations) apply to Oydcn’u fit linker. November 5—123 For PHI LAI ET PH IA, t T£Tj>\ The fine faft.-f.Ai ling Schooner Kiiz ” Tice ’’ w *’ Captain Tict—l las excellent accom modations lor paffengeis, and will iai] withal conve nient dispatch For Freight or Pafiage, apply to the captain on board, at the CoffeeaHoule Wharf, or to Jacob Idler &. Cos. Who have received per said vessel, for sale, I,OAF SUGAR, in hrglheads and barrels NORTHERN GI , and SWEDES IRON ALSO, ON HAND, 30 hoglheads New-England RUM 25 pipes tea 1 Cogmac BRANDY WHITf. PLAINS BLUE STROUDS, and A few bales coarle GERMAN LINENS. Novembe s—lzj y SHERIFF’S S A L E ‘ On the first I ULSDAY in December next, W ljc fo.d at the coil ‘- t mle tn llru fwick Glynn county, between the hours of ten and three, A Lot in said town, No. 45. Lev ed on a* the property f Hcijatmn Hart, by SoTirvn Vlnody, constable a dr turned to me to fa* tisfy sundry executions Con i- or.s of sale, c fli. W illiam Payne, s. c. c. Glynn county, 061. 22 FORMER SHERIFF’S SALE* ’ ~’ 1 f On the first TUESDAY in December next, Will be lo.a ut the Ccurt llmf: in bavannuh, be tween she li urs of ten and three, One undivided ha f j> - rt of VV * AUK I;OT, Ni. Ulv• undmjr well on VVaveeVs, north mi he river* e it uy C-i£ Il .MrChel, filth oppofi t Frank in new lots } containing’ • \ e li \u dred feet rrv re or It f* —to be 1 i bv vntu<* <f m* rx- cu'ion, adminiflratoy and adminillratr-x of Jolm Herb vi* T U- F. Chari ton a” and Henry Putnam. All'*, LOT No. 37, Columbia Ward, with the improvements thereon—fold hy virtue of an execu tion, Gaiterer and Ward vs. Henry Putnam T. Robertson, e. s. c. c. Oftaber 31 —l2l CITF* One John Bnnsby, pilot, lias advertised me as a delerter. N'vz I beg leave to in form this man, that tie may find me in every direction of this city. I neither conceal niyfelf, nor does any person conceal or harbor me. I left Bransby in confe quen.-e of his bruts I treatment toward* me, for which he has been arretted, and bound over to appear at the next Superior Court, to a LiU of inditflment. John Denis. Offober 27 m* 191 LETTER BAGS, AT IHt E a CHANGE COFFEE-HOUSE. Tor .VI w- York —i he ship Dartmouth, to sail on Sunday next. Tor Boston —The schooner Three Friends, to sail lit all this week.