The Republican ; and Savannah evening ledger. (Savannah, Ga.) 1807-1816, December 15, 1807, Image 3

Below is the OCR text representation for this newspapers page.

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