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WA r !t!>JcTOn. November 5C
Vv hen the senate was about convening on
Friday, Mr. Smith, it Ohio, entered their
chamber, having exhibited a record from the
circuit, court of Virginia, attesting, that a nolle
prosequi had been entered on the indictments
lor treason and misdemeanor against him, and
expressed a purpose to take his seat, it was in
timated to hint by Dr. Mitchill, that it was the
opinion of some members of that body, that an
enquiry ought previously to be made, with res
pect to his implication in any transactions hos
tile to the peace of the union. This induced
him to wave taking his seat that day, to allow
any measures to be taken which the senate
might see fit.
\V hen the senate had formed, Mr. Maclay
offered the following resolution :
Resolved, That a committee be appointed to
enquire and report to the senate their opinion,
whether John Smith, a senator from the state
of Ohio, ought not to be expelled from tiie se
nate. in consequence of the part which he took
in the conspiracy of Aaron Burr against the
peace and prosperity of the United States, or
•what other steps, in their opinion, it may be r.c
cossary and proper, under the present circum
stances, for the senate to adopt.
Mr Pope moved to amend this resolution—
to make way for which amendment Mr. Ma
clay withdrew his resolution.
Mr. Thruston moved the following resolu
tion as an amendment, omitting that part in
italic s-, which Dr. Jones moved as an amend
ment to the amendment :
Resolved, That a committee be appointed to
enquire whether it be compatible with the pri
vileges and honor of this house, that John
Smith, a senator from the state of Ohio, against
whom bills of indictment were found in the cir
cuit court o. Virginia, held at Richmond in Au
gust last, tor treason and misdemeanor, should
be permitted any longer to have a seat therein,
and that the committee do enquire into all the
fasts regarding the conduct of Mr. Smith, as an
aliedged associate of Aaron Barr, and report the
Same to the senate.
In tlf s singe of the business we entered the
senate chamber.
Mr. Hiilhouse objected to the resolution on
the ground of allowing the committee too wide
a latitude.
Mr. Adams vindicated the resolution from
this objection.
Mr. Pope moved an adjournment to allow
further time for reflecting on the most correct
course to he pursued.
Mr. Thrnston advocated the powers given
by the resolution to the committee ; and in re
ply to some observations, previously made, re
marked that a very different species of testimo
ny from that required by a court oi law, would
constitute sufficient ground for the senate to
act on, m a case where the effect might be the
expulsion of a number.
The motion to adjourn was lost ; only four
members rising in favor of it.
Mr. Hiilhouse replied to the observations of
Mr. Thruston, on the score oi testimony. He
viewed those observations as extremely dan
gerous. Should they be carried into effect,
the character of a man, however innocent,
might be blasted. He thought the case called
for great circumspection. He wished the en
quiry to lie made, anil had prepared a resolu
tion, which he read as follows, as expressive of
his opinion of the most proper course :•
Resolved, That the message of the president
of the United States, of .November 23d, .1807,
together with the documents which accom
panied the same, be referred to a committee
to enquire how far John Smith, a member of
this senate, has been connected with or con
cerned m the transactions therein referred to,
and report whether any and what proceedings
ought to be had bv this senate in relation to said
Joh% Smith, and to send for persons, papers
and records.
Mr. Tiffin rose merely to state that be had
seen attested copies of the record in the-case of
Mr. Smith, and to communicate to the senate
the contents of a letter which he had just re
ceived from him. The letter follows:
Washington, November 27, 18-27.
Dear fir—Just having heard that-a motion
is pending in the senate to appoint a committee,
to enquire into certain charges exhibited
against me at Richmond, by the late grand
jury, I beg you, sir, to assure the Senate, in my
name, that nothing will afford me more plea
sure than to have a public investigation of the
said charges, and an opportunity to vindicate
my innocence, and I beg you from your seat
to make this statement. I am, dear Sir. respect
fully your’s, See. John- Smith.
Hon. A/r. Tiffin.
Mr. S. Smith said, that however unpleasant
it might be, it was the duty of the senate to
meet the proposed enquir y- It did not follow
that strch an investigation would go to crimi
nate Mr. Smith. It might, on the contrary,
issue in his exculpation- Me understood that
that gentleman had expressed his conviction
that a fill investigation would completely ex
culpate him from the charges which had been
preferred against him. Re this as it might,
Mr. S. thought there were circumstances
which had been disclosed at Richmond, which
called upon the senate to go into the enquiry,
lie alluded to the testimony of Rlenuerhasset’s
gardener and lieutenant Jackson He had,
however, heard that Mr. S. thought it in his
power to do away the charges flowing from
thc'-e statements. Why an opportunity to do
this should ho refused, he could r.ot under
stand. He added that he perceived no objec
tion ;o an cxarrvuation of two of the members
cf'hc grind jury, who had seals,in the other
Jioiw. with regard to the grounds on which
the bills of indictment had been found, from
. which :nirfi?r,at*on it would appear wheflief”
there was any necessity for sending for other
testimony. These considerations would in
duce him to vote for the resolution, at the
same time that he was little solicitous as to the
particular resolution which should be adopted.
Mr. Mitchill stated that Mr. Smith had ex
pressed to him his regret at not having been
tried at Richmond on both the charges prefer
red against him, as he was confident that he
could have established lus innocence. What
was the object of the resolution ? To give him
this opportunity ; to allow him the only re
source that remained . to allow him to be tried
here by his peers. Therefore, so far os rela
ted to the character of Mr. Smith, or to the
dignity of the senate, the enquiry seemed a
proper one; and he should, consequently, vote
lor the resolution.
Mr. Thrnston said that he felt some delicacy
in having hazarded an opinion on the subject of
testimony, which seemed in some respects to
militate against the provisions of the constitu
tion. What he had uttered on this point had
been the result of momentary impressions,
and might, possibly, on further reflection, be
considered even by himself as erroneous. He
should be sorry that on a point of so much irn
poitance any thing which had thus hastily fall
en from him should go abroad, which might
be erroneous. But as the remark had dropped
from him, he would briefly state the grounds
cn which he had made it, which lie still felt to
be satisfactory. He was still of opinion that
the senate in such a case were not bound by
the technical rules oflavy, as rigidly observed
in courts. Various considerations compelled
them to pay particular regard to their charac
ter and convenience. Hence the constitution
had conferred upon them’ an unlimited power
to expel a member. In such a case they were
constituted both accusers and judges, in direct
violation of the common principles of law. A
member might be expelled for acts, which
would not render him amenable to a court of
justice. He was, therefore, of opinion, that in
this case the senate might decide upon what
appeared to them credible testimony, although
it should not be of such a character as’ would
be admitted in a court of law.
The question was then taken on the resolu
tion offered by Mr. Thruston, and amended
by Mr. Jones, and carried without a division ;
and Messrs. Adams, Maclay, Franklin, Smith,
of Maryland, Pope, Thruston and Anderson
appointed the committee.
In the course of the proceedings, Mr.
\\ Hite read the following resolution, as such
an one as he thought it most exp. uienlto adopt:
Resolved, f hat a committee be appointed to
enquire whether any, and what piocecdings
should be had against John Smith, a senator
from the state of Ohio, in relation to any con
nexion he may be supposed to have had with
the conspiracy or any illegal enterprise of
Aaron Burr,and that the said committee have
power to send for persons, papers and records,
on the subject committed to them, and to re
port the facts to the senate.
Liv eupool, October 24.
Two meetings of respectable inhabitants of
Sheffield were held last week, at the Tontine
Inn, to take into consideration, the propriety of
Sheffield setting an example to the other ma
nufacuriiig towhs (reduced to the most severe
’ and humiliating distress by the continuance of
war) of petitioning his majesty to exercise his
royal prerogative, for the speedy restoration of
the benefits of peace. It appeared to be the
unanimous desire of all present, and of others
to whom the subject had been mentioned, that
peace on safe and honorable terms might be ob
tained as early as possible ; but, in consequence
of strong and repeated objections by some gen
tlemen, that it would be impolitic at the present
moment to embolden the enemy and enervate
our own government, by a public exposure of
the real miseries and privations suffered by
the manufacturing and laboring classes—it was
determined to postpone the assembling of a pub
lic meeting for the purpose of addressing his
majesty on this melancholy subject, till a more
seasonable,’or at least a more favorable oppor
tunity should ■ occur, -of laying the prayers of a
patient and afflicted people at the foot of the
throne. We are sorry the business thus termi
nated, should we go on in this way much longer,
wc shall not leave, even the enemy, a desire to
possess our country.
Nassau, [n. p.] December 5.
Arrnvcd,,iis majesty’s brig Redbridge, lieu
tenant Yates, from a cruize with the British,
schooner Chnice, Grantham, belonging to An
tigua, from New-Ycrk, bound to Martha Brae,
(Jamaica) but detained by the Redbridge on
suspicion of being bound to Cape Francois, cfF
which place she was fallen in with.
i he brig Sarah, M'Lean, of No w-York, from
St. Vincents, in ballast, bound there, sprung
aleak at sea on the 9th ult. when the captain
bore away for this port. On the loth, finding
the water had gained considerably upon the
pumps, and that the utmost efforts or Ins crew
could not free her, run the vessel ashore on
the north end of Eleuthera, this’ being the
only mean of preserving the lives of his people,
anti saving part of the wreck, as the vessel must
inevitably hav e sunk, had lie persevered in con
tinuing his vo} age.
\Ye are authorised to say, that the secretary
cl slate has received a letter lrom Mr. K. Pat
terson, consul at Xantz, stating that a merchant
of that city hod just received information from
high authority a* Fans, that count Tollstov had
arrived, and had offered the mediation of Rus
sia, to effect a peace between France and Great
Britain : that it was believed that such nfjJFer
would not have been made, unless the emperor
Alexander had previously known,that it would
be well received be both’parties ; and further,
that Russia v- ■'< tern ed against every act
o; host:, tv v'",* ‘ - Britain. It was believ
ed at Pari:. the* liri -i* Helen’s was already
appointed by his r vr. cent,to piece it > that
citv —Balumoh \ MnarcA.v.
t
Savannah,
TUESDAY EVENING, DECEMBER 15, 180 T.
Letters from Amsterdam, (says a N-ev
\ork paper ot the 28th Nov.) mention that the
now regulations against England had not been
entorced —and that American vessels would be
permitted to an entry, notwithstanding their
having touched in England or been carried in
there.
1 hey also mention, that, in a violent gale of
wind in the Texel on the 7th ol October, 10<at
of 13 American vessels were driven on shore.
Among the number was the Boston, Bunker, of
New-Yoik, materially damaged.
\\ c were told some time since, (savs the
Philadelphia True American) that ‘sir R.
Strachan was coming out with four additional
ships of the line, to take the command on the
coast instead of Bevkely, recalled. The Ncw
\ ork Daily Advertiser giv cs us the following
article—it true, Americans look to the ncgocia
tion at Constantinople and Denmark. Be ve
prepared !!
It is stated that the blockading decree, is
not to he adopted—that Mr. Erskinc and ad
miral Berkely are recalled—and that sir R.
Strachan is to succeed the latter—-that Commis
sioners arc to be sent to this country to endea
vor to make a treaty between ourselves and
England, since a satisfactory one cannot be
made there.”
Our statement respecting Air. Clark’s being
appointed solicitor for this district, in the room
of Air. Whitfield, resigned, was incorrect. We
understand that Richard Leake, esq. has re
ceived and accepted that appointment.
H/ifiointincuts Inj the Legislature.
Major John Sc ott, brigadier-general of the
brigade, established by the acquisition of the
new territorv.
Krigader-gcneralPatrick Jack, major-ge
neral, V ire general John Clark, resigned.’
Colonel Daniel, brigadier-general, vice
Jack promoted.
Nicholas Long, Le Rev Pope, and
James E. Houston, esquires, commissioners to
ascertain the parallel ofthe 35th degree of north
latitude ; and to settle the differences relative
to boundary, between this state and North Ca
rolina—they are to be assisted by two artists,
together with Mr. Sturges, the surveyor gene
ral.
The legislature of this state adjourned on
Thursday last, alter passing the following acts:
k An act to incorporate the Planter’s Bank of
the State of Georgia.
2. An act to compel the clerks to keep tlieir
offices at the court house of their respective
counties, or within one mile thereof.
3. An act for vesting powers in commission
ers of pilotage and lor preventing obstructions
in Savannah riv cr.
4. An act to secure the probate of wills, li
miting the tip.ie lor executors to qualify and wi
dows to make their election.
3. An act to amend an act to incorporate the
tow nos St. Mary s.
0. An act to repeal an act pointing cut the
mode of adjusting claims ol'citizens oi this state,
against the Creek, nation.
i. An act to amend an act, to appoint com
missioners for the better regulation of tlic town
ot Miiiedgevilleand for incorporating the same.
8. An act to dispose oi the late suite house
anil public square in the town of Louisville.
9. An act to proviue lor tiie arming of the
militia ot tliis state.
10. An act to admit Charles Goodwin, Ri
chard Gnatt, aad Edmund Bacon, to practice
in the courts of law and equity of tins state.
11. An act to authorise the judges of the infe
rior court, ot Greene county, to levy an extra
tax to erect a public goal.
12. Aii act to lay out and identify six new
counties out of the counties of Baldwin and Wil
kinson.
13. An act to amend an act, to relieve cer
tain fortunate drawers in tiie late land lottery.
14. An act for tiie relief of John Cormick.
13. An act to divorce William liardm anil
Mary, his wife.
to. An act vo authorise the commissioners of
MiUedgeville, to lay out lots not exceeding 20
acres each, ot part of tiie town tract of l mu not
specially applied to other purposes, to be leased
out, also, to sell more ol me town lots already
laid out.
17. An act to alter the name of Jesse Daniel
Austin, to that of Jesse Daniel.
18. An act to alter tile name of Kitty Ann
Edward Caldwell, to that of kitty Ann Ed
ward Willis.
19. An act regulating roads in Burke, Jeffer
son, Richmond, Greene, and Morgan counties.
20. An act to alter and amend tiie road laws,
so tar as respects tlic counties of Cuatnam and
Effingham.
21. An act to authorise Thadeus Holt, esquire
to el ect a bridge across the Oconee river, at or
near his ferry, on tiie main road leading hum
iVldicdgeviUe to Augusta, Savannun and Da
rien.
22. An act to authorise a lottery for the pur
pose of raising the sum of 0000 dollars, to he ap
propriated for tiie purpose of more eHecin.uiv
saving the town ol at. Mary’s from tiie over
flowing oi the liver.
23. An act to alter, amend and msolidutc
the several militia laws <4 this Stan , and i.i.mt
the sannrto the militia law ol the Lnr - .11 i,.\.
24. An act to add a part of Hancock, county
to Baldwin county.
2). An act to raise a tax for the support of
government lor the year 1808.
20. An act to appropriate monies for tiie year
1808.
PORT OF SAv’ANNAH.
ARRIVED.
Schooner United States, Fi rkins, Barbadoes
Sloop President, Staples, Philadelphia
CLEARED,
Ship Mars, Ilandy, Ls-ndon
savanna it
Socictv.
T f ‘'p’ c a CONCERT given in the
,’ .’ x’!l < ? on ’ ° P-'ichangc, on Friday evening
ltXu 1 llc muslt will commence at 7o'clock r.M.
Alexander S. Roe,
T reasurer and Sec’ry.
Bv a i csolution of the original members, no
member of tins stuffy shall receive his ticket
oi admission, or be admitted to the concert,
without producing a certificate from the Trea
surer, that all Ins arrearages are paid. Ml
notes now chic, unpaid b. the 12th of‘January,
1808, vv ill he put m suit.
Extract from the Minutes.
Alexander S. Hoe,
December 15 440 x ren sure r i?c Sec ‘ey.
Savannah Female .Asylum.
T.ie Members ol the institution are particular
lv leqneI’-ted 1 ’ -ted to meet at the Ba pti .*> t Church,
on 1 hursclav the i th instant, to electa new
board ior the ensuing year.
Mary C. Taylor, Sccrciant.
December 42. —439
Mechanics.
Abe Members ot the Savannah Association of
Mechanics, are desired to meet at Gunn’s
f av'cyi, 1 o-Morrow morning, the 114th instant,
at 9 o clock. It being the Anniversarv of the As
sociation, a general attendance is expected.
By order of the President.
John F. Everitt, Scc'ry.
December 15—mo
Hilt Lost.
Should any gentleman that visited the Bachc
loi- • Ball, on Friday evening last, find in his
possession, a IT A 1 , with the subscriber’s name
written therein, he is requested to leave the
same at the counting-house of James & William
Magee, and perhaps receive his own in r\-
change. WILLIAM MAGEE.
December 15—c—140
Small 8c M‘Nisii,
Have received by the ship Charles, captain
Atwell, tram l iverpool,
Fcrty-two tierces ci Bat lay c\\ Co.’s London
Superior double BROW N STOUT;
Which, with I.Pcen casks very fine BOT-
I LED EN*.LIF] f iLE, received on consign
ment, per the brig Luna, captain Starr, from
New-York, they oiler lor sale cn reasonable
terms, or cash.
December 1V —1 to
Sugars.
r )
Fifty-two hogsheads SUGARS, of superior
quality, received by schooner Independent, front
Marignlantc, for sale by
S. vk C. Howard.
December 4.5—r.—140
Wanted to Hire,
FT ELD HANDS, for whom liberal wages
will be punctually paid. Apply to
Joseph H aber sham-
December 15—440
THE SUBSCRIBER
Gives notice.to those gentlemen of Savannah,
who, on the night of the 4’h and sth instant:
tore up one of his trees, and canned away the
box, and one of the steps of his store ; as vri II ns
those who, on the night of Friday last, tore up
two stands whereon he exposed his goods, re
moved to a distance another of bis steps, and
completely tore away and broke his bench, (al
though ithnd been there for many years, as well
for the convenience of the public as himself)
that he is about to replace these articles, and
earnestly begs that they will permit them to re
main in their places, until he gives offence to
an\ of them.
Tiie subscriber further observes to those gen
tlemen, that, being old and sickly, it is very
painful to him to be obliged to remove sucli
things as they have destroyed, in and out every
night and morning.
Compliance with this request Will confer a
favor on their humble servant,
A. i). Lambertofc,
A citizen of these southern states for 31 years.
December 15—140
Georgia, sx.—Camden County.
Chambers, 70rc iof St. Mary's, Dec. Si'isoT.
At a meeting ofthe Justices of the Interior
( -nt of said county, present their Honor
James Seacbovk, Thomas King and Wil
liam Johnston, Esquires.
(in the petili.in of l. i. aiti. c 110 ,M It, of the
town of St. Mary’s, within said county, stating,
that he is confined in the common jail of ties
town of St. Mary’s, bv virtue of process issuing *
from the Jnteudant’s court of said town, at the
instance of Messrs. \V’at: erman iff I fauna), and
that lie is limbic to satisfy the same, but is wil
ling to surrender hi, estate, both real anil’ ‘per
sonal, for the Seurat of his creditors, arid nmv
iug that, the., nut 1 r -insolvent debtors maybe
extended towards him :
On motion m Charles Stahl, attorney for the
petitioner, it is ordered bv the court, that the
creditors ol the said Charles Homer attend at
theci-rt ’ice e, in the tov a of St. Mar.’,, on
the ec c. mil Moiuia hi February, 18(W, an I die <v
can e, if any they have, why the prayer of the
petitioner should not be granted.
Jam s S’- vgrove. j, „
~ f Jus .res of the
V\ ii a .vi Johnston, , ; y.
,• t Liicnor Court.
1 homas Kino, J
December 45—[: —140
REMOVAL.
Samuel Griggs, tavlor.
RE PEC I FULLY informs his friend* r.:.? the p.’ -
l.Ci tliat he !dA removed from his lorac/i ft?.ml, on
thu* ltd’/, ; rid fia* taken a flloj> next; doo*- r jWefifr-i,
Marquand <?c Paulding, when; h- v/:!l thar. fully
receive, and faitkfully cxuc’i or-’ :r ? Li*,
November 22, j