The Republican ; and Savannah evening ledger. (Savannah, Ga.) 1807-1816, January 26, 1808, Image 2

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Sheriffs Sales. 0~ theJirct TUESDAY in March vert. Will be scl.i at the court-house in the t vn of Jefferson, between the hours of tc:. and three oYlot k, A LOT or P , FXF.L of LAND, in the town, of St. Mary’s, known as a part of lot number three ; site tie, I- big ami being on \\ heeler utreet, commencing from an a.ley, and extend ing or/ hundred tret northwardly, tin ire east vurdly one hundred feet, thence southwardiy one hundred feet, to ail idle* , thence \. coward ly one hhndvc l ’eet, along s . and alley to t ie be kinnii gcorner—with the benefit of an I'M.'-- TIRED LEA-,K, for p: rtof s lid lot, on which is erected ft d'-vclling house and kitchen, lately Owned hi’ Peter Knight, deceased. Lived on asj.u: properti of IL. nan* ouiter, cs';. to sa tisfy an execution in favor of Jones and Neely. Conditions, c isli. As.*. Holton, i). c. c. *j. Camden County, Jan. 23— f —11 Sheriff’s Sales. On the first TL’IvSD \Y in March next, V: to ne sold at toe court-house, in me t> .. no s Brunswick, Glynn rountv, between the hours of 10 and 3‘•’clock, The following two NEGRO SHAVES, viz. GEORGE and MARTIN. Lc-v c-d on and to be. sold as the property of Benjamin Hart, of Said com.tv, executor of Henjaniin ll trt, dec. to satisfy a judgment obtained h Vin-domW - limns, again! the estate of Benjamin Hart, dec. Also, at the same time and p ace, wjli lie sold, that well known TR \ I of L IND, t a St. Simon’s Island, cdied Pile’s Hi.erf c m t lining five hundred and lift) acres. .ewe l on and to he sold, as the propert of John .vTKrn nft, to satisfy a judgment obtained by Bacon and .Malone, and sujidla other executions. James Moore, s. c. c. January 20—11 CojKtrl iß’ishi jj. The friends and correspondents e.f the late to-.. John Jackson, Mere hunt of this clu , and the public generally, are respectfully noli fed, that the business conducted b- him, will he c ’ ntinued h ’ the suh.seril ers, unde r the linn < t J. 11. WHITE, 3c Cos. for themselves and the widow of Mr. Jackson. The Stock ir'w on hand is large and general, C isisting of almost e ery art’cle ol i j V G IOIfS and HA!!l)\\ \ uli ili they will bell, either by wholesale r retail. tutvaKting also, to transact C > >MMISSION If ‘-‘iN'K -S, they w i .accept w .n pie muse, m e-xe-cate with faithfulness, the (’’.’(lcrs of died’ lr.cads. J. K. White, Sitvic Whitt*. January 16 — 7 The subscribers Being authorised t settle fie commcrc.i and affairs of the late John Jackson, gee not a i l<> all indebted to iie • :ril era .:’ie'.i, tiiat they li vc impowered J. 1„ Win i . “t To. to receive p iy meats and grant uctpiitt .nr.es, R. ik. J. Boiton. January 16 —T Not ice. The public are rcspectf dly informed that the sf i .•.•.•liter will 1 continue the DRU'lfl. tT’.s li INi.SS, ovl tile pro lice of I’ll \S ■ 1 a,-, h ’etolbre. K>r i c at e: utce rt favors lie will fee obliged, while he hopes to merit the n by (ttr.ct attention. John W. M *n;!e nhall, If .’t ‘u’s brick building, on the bay. January Hi—f THE COP VRT> li ISHIP OF ]>allbaser Shaffer & Son, Expires this dav, by mutual consent, Th sc Who have demands will exhibit them, and th-.se indebted are requested to make speedy pi. j jnent to J. \V. Sh a Ki’kh who ia authorised to ta ttlc all accounts of the concern. They now | f -.nrit their sincere thanks to their friends and customers lor their support. li ilthascr Shaft’ r. John W. Shufllr. The Subscriber k Respectfully informs his Friends ; nil the V.iic, that the business will be continued as usual by John Wm. Shatter. January I—l Ten Dollars lor Old Dick. Ran away, about nine months ago, OLD DR k .formerly the pvopcrtv of major Navlor, ot Columbia count) ; h is about fifty wars of age, marked with the small pox, and the fore finger on the right hand strait, front a hurt, so th it he can’t bend it. The above reward will In paid on dcliieringhim to me, or five dollars for seeming him in am jail in the st to. John Cashin, Augusta. N. B. lie was seen, a few weeks ago, on .-skul 4way island, by Mr. Casterson. January 23 —U) Twenty Dollars Reward, Runaway yesterday, a NEGRO FELLOW named Hi about five feet six inches high, twentv-tvvo v ears ot age, vellowish complexion, remarkably smart and well spoken. Had on’ ■when he went away, a round-jacket of blue Cloth, and pantaloons of black v elvet. Having r..cried oil’sundry other chxithing, in all pro-I Nubility will ehange his dress, and perhaps his name. He was lately brought from Burke eouniy, and it is stnu.glv suspected, w ill attempt to get on board of some vessel. AH masters of vessels, and others, are here by cautioned against earning him olf, employ ing or harbouring him. The abov e reward, and re. .suitable charges, will be allowed for his ap prehension and lodgement in any goal of this ttate.on giving information to John Spence, Burke county. , January 19—a*—s Blank W arrants of V'oraisement. i V t dale at this office. . ton. SMITH OF OHIO. REPORT OF TH COMMITTEE. [COKC LUDED.] Those parts of the fifth and sixth articles amendatory to the constitution, upon which the report in the Case of Mr. Mai shall appears to rely for taking away the jurisdictiofi of the 1 senate, your committee suppose,can only be understood as referring to prosecutions at law. To suppose that they were intended as restric tions upon powers expressly granted by the corns notion to the legislature or either of its blanches, would in manner annihilate the power of impeachment, as well as that of ex , pulsion. It would,lead to the yibaurd cnnclu | sion, tltat the authority given for t lie purpose of I removing iniquity from the seats oi power, J should be denied is exercise, in precisely those ! cases which most loudly call for its energies. 1 would present the singiilut spectacle of a ; legislature vested with powers of expelling its I menlbei s, of impeaching, removing and dis ‘ qualifying public oflicers. for trivial transgres sions beneath the cognizance of the law, yet . foi bidden to exert them against capital or in famous ci irnes. ! Those two articles were in substance bor > rowed from similar regulations contained in that justly celebrated statute.which for so many ages has been distingushed by the name ofthc great Charter of England. Yet in that coun try, where they are recognized as the most so lid foundations of the liberties of the nation, they lmv ; never been considered as interfer ring wi h the power of expelling a member, exercised at all times by the house of com mons ; power which there however rests on ly upon parlamciitary usage, and has never bee;: bestowed as in the constitution ofthc Uni ted Stales by an act of supreme legislation. From a number ol precedents which have been consulted, it is found that the exercise of this auihoiity theic has always been discretionary, and its process always far otherwise compend ious, than it; the piosecutions before the judi cial com is. So far indeed have they been from supposing a conviction at-lav necessary to precede a vote ot expulsion, dint in one in stance ~ ‘csoluuon t<> demand a prefleumibn appears iinn efliate-ly atuu the adoption of ipe resolution to vxpel lo uumerous cases iji;- member submits tu examination, sul luues eii dence in his favor, and Ins evidence produced against him with or without formal authenti cation ; aid the discretion ofthc louse is not even ••stria ed by he necessary concurrence of , more than , lirn'e majority of the votes. I lie provi dr.n in our constitution which for bids the expulsion of a member, by ,tn ordinary majority, and requires for this act of rigotous aiui painful duty, the assent of two thirds, youi rommiuee consider as a wise and sufficient guard against the possible abuse of this legis lative discretion In times of heat and violent pav y spi.it. the rights of the minority might ooi always he duly respected ii a bare majority could expel their members, under no other controul than that of their own discretion. The operation of this rule is of great efficacy, both o'er the proceedings of the whole body, and o’ er the conduct of every individual member. i'ne times when the most violent struggles of contending names occur, when the conflict of opposite passions is most prone to excess, ate precisely the times when the numbers arc most equally divided. When the majority amounts to two thirds, the security in its own strength is of itself a guard against extraordinary stretch es of power. When the minority dwindles to the proportion of one third, its consciousness of weakness dissuades from any attempts to encro ich upon the tights ofthc majority, v. Inch might provoke retaliation. But if expulsion wero admissible only as a sequel to the i. sue of a legal nrosecution, or upon the same prin ciples and forms of testimony which are estab lished in the criminal courts, your committee can see no possible reason why it should be rendered stiil mine imbecile by the requisition of tw ) thirds to give it effect. li is now the duty d'vour committee to ap ply the principle* which Alley have here ep deavpi ed iq settle and JP Jhf pai'iieh- i lu’case upon which,tfm senate have directed : to report. The bill ol indictment fpitpcl:against ‘ Mr. S iiith. at thp late session of the circuit court of live United Stales, at Richmond (copifs of which are herewith i.ubijmted') trc precisely similar to those found against Aaron Burr From the. volume of panted evidence commu nicated by the president of the United States to congress, relating to the trial of Aaron Burr, it appears, that a great part ofthc testimony which was essential to his conviction upon the indictment for treason was withheld from the jury, upon an opinion of the court that Aaron Burr, not having bee npresent at the overt act of treason alledged in the indictment, no testi mony relative to his conduct or declarations elsewhere., and subsequent to the transactions on Blannerhassett’s island, could be admitted— audio consequence of this suppression of evi (lencc, the traverse jury found a verdict, “that Aaron Burr was not proved to he guilty under that indictment by any evidence submitted to them.” It was also an opinion ol the court, that none ofthc transactions of which evidence was given on the trials ot A. Burr did amount to an overt act of levying -.var. and of course that they did not amount to treason. These decisions forming the basis of the issue upon the trials of Burr, anticipated the events which must have awaited the trials ofthc bills against Mr. Smith, who, from the circumstances of bis case, must have been entitled to the benefit of their application :—they were the sole induce ment* upon which the counsel for the United States alwndoned ihe proscctjhcu against him. Your committee arc not disposed now to question the correctness >f these derisions, on a case of treasury before a court of criminal ju risdiction. But whether the transactions prov ed against Aaron Burr did or did not amount in technical language to an overt act of levying war. your committee have not a scruple of doubt upon their minds, that but for the vigi lance and energy ofthc government, and of faithful citizens under its directon, in arrest ing tfielr nrogresS, arid in crushing hisde-agns. they would, in a very short lapse of time, have terminated not only in war. hut in war of the most horrible description—in war at once fo reign and domestic. As little hesitation have your committee in saying, that if the day light of evidence, combining one vast complicated intention with overt acts innumerable, be not excluded from the mind by the curtain of arti ficial rules, the simplest understanding cannot but see, what the subtlest understanding can not disguise—crimes, before which ordinary Treason whitens into virtue—crimes, of which war is the mildest feature. The dcbauchment of out* army—the plunder and devastation of our own and of foreign territories—the dis solution of our national uiiion, and the root of imenmnufilc civil war, were hut ti e means of individual aggrandizement—the stejis to pro jected usurpation. If thejingenuity of a dxmon were tusked to weave into one composition all the great moral and political evils which could be inflicted upon the people of those states, it could produce nothing more tlvan a texture of w ar, dismemberment and despotism. Os the.-e designs, a grand jury, composed of characters as respectable as this nation can boast, have, up on the solemnity of their oaths, charged John Smith with being an accomplice. The rea sons upon which the trial of this charge lias not been submitted to the verdict of a jury, have been shewn by your committee, and are proved by the letter from the attorney of the United Stales for the district of Virginia, herewith te portetf. And your committee are of opinion that the dereliction of the prosecution,on these grounds, cannot, in the slightest degree, teinove the imputations which the accusation of the grand jury have brought to the door of Mr. Smith. > 1 Your committee will not permit themselves ‘ to comment on the testimony which they sub- ; mil herewith to the senate —nor upon the an swers which Mr. Smith has given as sufficient for his justification. Desirous as the commit tee have been that this justification might be complete ; anxiously as hey wished for an op- j port unity of declaring their belief of his inno cence ; they can neither control nor dissemble : tne operation of the evidence upon their minds, j and however paintul to their feelings, they find themselves compelled by a sense oi duty, p- ”a inhimr to every ot tier consideration, to submit to ihe sedate, for their consideration, the fol lowing resolution. ilrHoivell, That John Smith, a senator from the state of Ohio, by bis participatiem in the conspiracy of Aaron Burr, against the /icace, union, and liberties of the people ot the Uni’ ed States, has been guilty of conduct incompatible with his duty and station as a senator of the United State.., and that he be- tneiefor, and hereby is expelled from the senate of ihe Unit ed .'tales. The senate yesterday took up the report in ! the ease of John Smith. ; Me. Adams then called the attention of the ’ sena'c to a letter received on Monday, from \ Mr. Smith, in which he intiinati s ihe expecta- ; lion of being allowed counsel, anil compulsory ; process for witness. 1 When this letter w as read, Mr. Smith made J the following applications : 1. To be informed specifically oltlie charges ( against him. j 2. To be allowed process to compel the at- • tendance of witnesses. 3. Aral to be allow ed the privilege of being heard by counsel. Mr. Adams concisely assigned his reasons against a compliance with the tw., first requests, and intimated his acquiescence in the last. Ho was followed by Mr. Afitchiil, who ex pressed similar sentiments with Mr. Adams. Mr. flillhouse considered the only point, at present proper la be decided, was that which respected the allowance of counsel. This pri vilege being granted, such other steps us might : be Yiecessary couid betaken. With this im 1 pression he moved that John Smith of Ohio be , heard by counsel not exceeding two. j Mr. Adams moved to amend this motion by .adding “ to shew cause why the report of the comiuitiee should noi be adopted.” Mr. Bayard followed, at considerable length, 1 in defence ot the right of an accused senator, j not merely to he heard by counsel, but like wise to have the benefit ol testimony, by com pulsory process. He likewise strenuously con tended that the only testimony on which the senate could art must be legal testimony, such testimony as would be received in a court cf law He was followed by Mr. Adams, who con tended that the senate, on the question of ex pulsion, was not bound by the rigid rules of a court of law, but were vested by the constitu tion with a sound discretion. Air. A. refrained from any thing beyond an incidental notice of the argument ot Mr. Bayard, considering it al togeriier inelevant to the question before the senate. i ■Messrs. Anderson and Giles took similar ground with Mr. Adams : and Mr. Hillhouse with Mr. Bayard. j Mr. S. Smith, (lest an incorrect impression might be made on the public mind) called for the yeas and nays, to shew that, notwithstanding the longspeechofthe gentleman from Delaware, there was no diversity of opinion in the senate j on the question before them. Mr. Bayard spoke again at some length in’ vindication of the remarks previously made by him, When the vice-president called the atten tion of the senate to the real question under consideration, and intimated his expectation that gentlemen would confine themselves to it. Mr. Pope presumed that, after this admoni tion from the chair, it would be out of order to reply to the remarks of Mr. Buyu.nl, which he should otherwise have noticed. The question was then taken on the resolu tion offered by Mr. Hillhouse, and amended, at the instance of Mr. Adams (in which amend ment Mr. 11. acquiesced) and carried, by a una nimous vote. nfficn Wednesday was assigned for healing Mr. Smith by counsel. : iits ;{. in.eli.gr.. r.'. We some lime since, to guard against mis conccp'.ion, deemed it our duty, in noticing an artieieia the Norfolk Public Ledger, n l itive to a lriohch,seaman who had deserted from the Patriot, to observe, that admitting thei • t-; to be correctly stated in that print, v.e presu med that but little difficulty could arise in u<i jusf'ng the ground >of difference, from the es tablished usage of our government in like c i tes, which has boon, oil a demand for do-.ru ers on board of a national vessel, where it i. satisfactorily shewn that they ale not Ameri can citizens, to treier their discharge. The Ledger, in honoring this article with republication, vus pleased to pronounce it/ ■- 4 uliicai in manner, and without foundation in truth. Accustomed to respect the compara tive ly decent, and even urbane language ol ibis print, we were net a little sm prised to perceive in it such a flagrant dereliction of decorum. And how. forsooth, did the editor atteo.pt to establish the charge of a destitution of truth ? By the assertion that our government has in no instance surrendered a British deserter. ‘1 hus confounding the terms discharge and sur rt wliicn, it must be obvious to the mean est capacity, convey distinct and even opposite ideas. The little respect felt for an under standing that Could surrender hselfi to stall confusion of hleas, we imagined would he best manifested by silence. The Unit* and States’ Gazette went, stiil fur ther, V\ iih characteristic arrogance and fel ly, it observed— ■■ of all the wicked and atro cious falsehoods, which our duty compels i;s from time to lime to expose, the foliowium is one of the most impudent.” [Referring ti> the article in the National Intelligencer.] It* the malignant aspersions of the editor against the administration, lie falls into the same egre gious folly with the Public Ledger, ricxrou*- lv substituting the word surrender for tne won! disc/ia ge, and thus enjoying a great, though imaginary, triumph. Now, reader, what think you of the following article, taken verbatim from the Public Ledger of the 28th lilt. the. very paper that so rashly pronounced the article in the National Intelli gencer unfounded in truth. “ We understand, from very respectable au thority, that orders have been recent hi issued t-J all naval commanders in the service of the United States directing, that they arc to dis charge from under their respective commands all foreign r-earnen, which they shall lie sati.- fied are.deserters from any foreign service. It. is, we presume, in consequence of these or ders, ‘hat two men have been discharged from the Chesapeake within a lew days jiast, one a British seaman, and the other the French sea man who was particularly noticed by us ashore time since. • “ We arc happy to perceive that our govern ment is sensible that the employment of de serters from foreign service is wrong, and al though this order cannot remedy the mischief which has happened, it may be the means of preventing future mischief. “ L is true the present order does not autho rize tiie delivery of the seamen to the otfi< er demanding them, it however goes far enough as relates to the conduct of the American offi cer. The delivery of deserters to the nation they belong to, is a matte’- of special i ego< iu lion, or legislative authority. In this state, it would be in the teeth of a positive penal sta tute.” Here is a complete verification, from the month of an adversary, of the justness of cur statement. The-regald to truth, which indu ced he editor to make this statement, should likewise have dictated to him the justice oi ro ll acting Ihe unfounded imputation east on roe article in the National Intelligencer. VYc can scarcely flatter ourselves that this notice v. hi receive any attention from federal editors, or that they w ho have rashly pronounced without knowledge will have the candor to acknow ledge their error when detected, as this does not appear, in their opinion, to farm any part of their duty. It will, however, be an evidence to our readers of an observance on our part of that truth, which it ever lias been, and ever shall be, our highest ambition not to violate. Dr. Mitchill has, we understand, received from Mr. Warden, secretary of the American legation at Paris, and M tie Lasteyvies, of the same place, an account of anew discovery, de nominated Lithography, or the art of multiply ing copies of drawings and manuscripts, by means of a peculiar stone, lately discovered tor. Andre has received a patent for his im provement in this art. The kind of stone used is found in Franconia, and also in the neigh borhood ot Paris. The process adopted is as follows: Ink is make of a peculiar composition, which is used by means of a pen, which traces the characters on the stone in the ordinary way - The stone, which ought to be very smooth and even, is then immersed in water, w hich rendeis its surface moist. In this state it is struck with a printer’s bail, the ink attaches itself to the traces made with the pen, and not to the other parts of the stone. It is then covered with m sheet of moistened paper, which is passed un der a roller, by which a counter-proof of the original is obtained. Four or five thousand copies may be obtained from the same engrav ing. Great benefits are anticipated from this discovery. Dr. Mitchill basin his possession one of these stones, together with a sample ofthc ink used ; and we hope soon to be apprised of the result of the experiments w hich shall be tried. NOTIC F. A LLperfonshavinp any demands ag.rind the efttate* L \ of 1 homas Smith, and Thomas and William Smith, late of the citv of Savannah, merchants, are requeued •o render the fame duly attested, to Atton Pemberton } and those indebted to laid estates, are requelled to fettle with him. he being authorifed to receive payments and give acquittance*therefor. Susan M. Smith, Adrr'rx. Atlun Pembutotij JJm'r. September 1, 9"}