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Mr. Wickham then proposed, that
Mr. Hay should enter a Nolle Proftqui
and that gen. Dayton should continue
hi* recognizance : to which Mr. Hay
acquiesced.
Adjourned till this day (Saturday)
11 o'clock.
W JUNES bay, September t 6.
Pursuant to the notice given yester
day, Mr. Hay brought forward a mo
tion to commit Col. Burr, Blannerhaf
fett, and Ilrael Smith, with a view to
fend them to another diftrift for trial.
Col. Burr inftfted that a piecife
charge should be made, as to the time,
place, and offence. He said that he felt
confident that it would be in his power
to put a flop to the bufmefs as it re
lated to himfelf, by availing himfelf of
the verdift of acquittal which had been
foundby the jury. Yet a/it had been al
iened in bold and strong terms that afls
of war had been committed, he should
suspend for the prefeut, his objections
arising from the circumstance of his
acquittal. He should therefore indulge
the gentlemen in the relation of such
legal evidence, as was adapted to the
fahlof war. If they deviated from the
course of legal testimony, he should
. bring them back. He again urged the
propriety offeparating his case from
that of the two others; and concluded
by observing that he had a right to de
mand a fpectfication of the charge be.,
fore the evidence was gone into.
The Chief Juflice (aid that with ref
pe£l to a fpecification of the charge, it
was a mere corned about words. That
a charge bad been made by parol; and
that it muff be reduced to writing if re
quired by the accufcd.
Mr. Hay oblerved that there was a
difficulty, in fpecifying the place so far
as refpc&ed the mouth of Cumberland.
It is doubted by feme to what date the
ifiand at the mouth of Cumberland on
party affemfeled, belongs.—
Although the date of Virginia has long
ceased to elaim any jurifdidion over it
yet it is said to be doubtful whether it
is included in the afl of cession. But
if he were to fpc ci y a place, and the
evidence should establish the fa fils, at
any other, there could be no doubt of
the right and the duty of the court to
commit for trial at that place where the
sass was committed. He could not fee
the and fficulty suggested by the accused
from an examination of all the cases
together. The wjtneffes have been here
a considerable length of time, and at
great expence ; the money which .they
will receive fiom the United States be
ing inadequate to their fuppoit. He
therefore begged for the idke of hu- ‘
inanity, that the testimony of the wit- I
nefies might be received, and the ar
gument podponed, till after all the evi,
dence should be gone through.
Mr. Hay. then reduced the charges
to writing; and proceeded to call james
M‘Dowel as a witness. The witness
. having related the tranfabtions from
the commencement of his voyage on
the river to the mouth of Cumberland,
was going oft with his evidence as to
fads which occurred lower down the
river. As loon as he mentioned fa£ls
which had taken place in the Milfiffip”
pi territory, he was (lopped by col. Burr
And his counsel, who objected to the in •
trodu&ion of any testimony of fads out
of the jurifdidion of the date of Ken- |
tucky. i
Mr. Bolts commenced an argument
on the part of col. Burr, and contend
ed that no further testimony could be
heard, on the present motion. He re
lied principally on the former acquittal
as a perpetual bar to any future profe
cution;and that the aft of Congress
which authoriles a judge to transmit a
person charged with an offence from
one diftritl to another for trial, does
not extend to the territorial govern,
merits. He was followed by Mr.
M‘aae on the part of the United States.
Tliurfday, September 17.
The arguments on the motion made
yederday to exclude all further tedi
mony, on the prelent queltion was re r
’ fnmed. Mr. Hay, Mr. Martin, Mr.
Wirt, M> Wickham and Mr. Bolts se
verally delivered their femiments. An
unusual (hare of animation and eio
quence marked the speeches of ail the
gentlemen on this imerefting fubjefci.
Mr. Kandolph will dole the arguments
on the part of col. Burr to morrow.
Friday, September 18.
Mr. Randolph on this day conclud
ed the argument and the Chief Julltce
delivered his opinion in writing. He
refer ved the quell ion, concerning, the
prior acquittal, for future coniideration :
but decided that ht had no power to
commit the accused for any act of
trealon done y,vi?e MifTiffippi Territo
ry. He admitted, however, the evi*-
dence relative to the tranlactions in
Kentucky.
BRITISH HOUSE OF LORDS.
Monday, J nly 27.
Previous to the reading of the order
of the day, Lord Holland role, for the
purpole of obtaining I‘otne information
from Miniflers, on a fubjafct which ex
tremely agitated his mind ; he alluded
to the reports of lotne unplealant oc.
currences on the coalt of America.
He wished to know whether it was the
intention of Miniflers to make any !
communication to Parliament on the j
fubjefci. A war with America was, in I
his opinion, a molt fenous calamity,
the effefcls of which would be equally
felt by both countries. He trufled i
and hoped that Minilters would be pre- •
pared to make such a communication,
and lav Inch documents before Parlia
ment as would juliifv them in a mea
furs of such importunce and tefponfi
bility.
Lord Hawkefbury replied, that all he j
could fay at present was, that he was
not auihorifed to make any communi
cation to the House on the fubjefci al
luded to by the Noble Lord. He could
venture toaffure the Noble Baron, that
his Ma j e fly’s Miniflers would as fin*
cerely deplore a war with the United
States of America as the Noble Baron
could poflibly do. His noble friend
would feel the impropriety of entering
into any premature difeuflion of the
fubjefci. Should it be neeffary to make
any communication to the House on
the fubjefct, Miniflers would fee that it ;
should be as lull and fatisfafclory as pos
sible.
Lord Holland v.as far fiom w'Cbing
to force a fubjefci of such extreme de
licacy into premature di feu {lion ; but
he could not help repeating, that he
united a speedy communication, ifany
were necelfary, would be made, and
that Parliament would not feparateun r
til they had ail lire circumflances be
fore them which gave rife to such an
unhappy Hate of things.
BRITISH HOUSE OF COMMONS,
Friday July 24.
Ihish Insurrkction Bill.
Mr. Grattan role at nearly 3 o’clock,
end delivered a molt energetic and
pre (five speech, which from the lateness
of the hour, it is quite impoflible to de
tail. The Right Hon. Gentlemen be
gan by deprecating the doctrine, that
the exiflenct* of a power itahat power ws
not called in;o afction, was not to be
considered as a grievance. What, he
would ask, was slavery ? Nothing but ,
fufferance. Great odium, he knew, at |
tached in Ireland to the nrieafure under j
the confide ration of the comrnitte. A 1
variety of letters from that country, mat- 1
nv of which be had himfyif received,
fully fatisfied him of tliis point. But
Hill, from a coniideration of the necel- !
firy of the case", he was ready to take ins
full {hare of that odium by iupporting
the bill. This was a time in which
eve'Ty man should be prepared to facri
fice, not only forne portion of his liber
ty but of his credit, and he was ready
to make fowe facrifice of both for the
good of the Hate. lie under Hood
from his right honorable friend bdide
him, that there were secret meetings of
a dark and dangeious delniption in
Ireland. This iormed a ground for
the bih. He va afraid if 3 Finch,
intcreft in lietand, and be wished that
gc’ ctr rreru fheu’d be. fu> nifhe-d with
ti e means not merely of refilling, but
of extirpating that ir.tereft wherever
ar.d wherever it appeared. With that
view he would support this bill.
T be que ll ion in Ireland now had no
thing to do with Republic avijfii ; but
was limply this, whether {he should
continue a portion of the Rritifh Em
pire, or become not a portion of l* ranee
but nothing—ahftlutely noihtvg ; at Hrlt
she might coquet with France—but it
would end in a meretriciousconnefclion.
J be right hon. Gentleman earnedly
exhorted the Irish Ccntiemen as they
cart vailed their countrymen for feats in
! that House, to canvass them aifo for
the British Empire againH the designs
of France. Nations iike individuals,
were often the arbiters of their own
fate, and much might be done for this
country in Ireland, if so determined
The gentlemen connefcled with Ireland
ought earnedly and perfonallv to solicit
the aid of the Irish people, ought to
use every means in their power to cir
culate in that country the fundamental
maxim of English policy, to have no
thing to do with France. The right hon.
gentleman tepeatedhis resolution to vote
for the Bill, notwithflanding the odium
that attached to it; rather than give up
the State he wou'd support the Bill. He
never had, he never would capitulate
with any popular error—although he
always rt fpefcted popularity when at
tendant on virtue. The right honora
ble gentleman was frequently interrupt
ed by ihe unanimous plaudits of the
Committee.
Monday, ‘July .
The House having resolved in a
Committee, on the motion of Mr.
Rose, to confider of the propriety of
permitting the importation of certain
enumerated articlesintothe Weft.lndia
colonies from the United States of
America, and the exportation of cer
tain enumerated articles from the Bri.
tifh Weft India colonies to the United
States, agreed to a resolution to that rf
.f fefcl ; 2nd ihe house having resumed, the
chairman reported, ar.d moved for, and
obtained leave to bring in a bill accor
dingly, The principal articles in the
former case are provisions, pitch tar;
j and in the latter, gypsum, an article
of considerable ule in the United
States.
LONDON, August 3.
The conditions of the Treaty be
tween Ecu Hi a and France cannot have
surprised any one. It was easy to fore-’
fee from the relative situation in which
Bonapaiteand the king of Prulfia were
that the former would reduce the latter
so low as to prevent him from being
able to oppose any obllacles to his de
signs, or of being any longer an objefcl
of the flighted apprehenlion. Deprived
of every inch jof territory on the left
bank of the Elbe, and ftrctching onr
ly to theVillula by that fniail and
unprodufclive Province which lies be*
tween the Ncumarche and the Villula ;
fullered only to prelerve a petty tiafct
of territory on the right bank of that
river, in order to connefcl the ancient
possessions of bis house with the Heriie
Province of Pomerelia and his territo
ries between the Oder and the Elbe;
I deprived of Dantzic, of T horn and of
! Warsaw, M the command of the navi
| gafion 01 the Vistula, of all the belt and
I moll fertile part of Poland, Pr uilia is a
| power of less magnitude and relources
1 than the newly eietted kingdom of
j Saxony. Siiefia indeed has been re.
1 lloredtohis Pruflian Majelty, but with
j the humiliating condition of allowing a
military road through ii.to the noopa of
that power which is to be the future
foveieign of his Polifli provinces,
and which at no diftarit period we pre
dict vvili add Siiefia to the other poflef
fionsihat have been wrested from his
house. The union of the hetrefs of
Saxony with the new Sovereign of
YVeftphalia, will unite the two king
doms of Saxony and WcHphaiia, ami
tiius a power will be created, which ex* I
tending from the confines of Ruffjkfl
Poland to the Rhine, will render PrIVJP
fia a power of as- little magnitude al
importance as Saxony, and
were before the French had carried”
their arms and their conquests beyond
the Rhine. The King of Prulfia binds
hirrjfelfalfo to acknowledge the pr?-
sent and future members es the Rhenifft
confederacy. All the petty princes in
the North of Germany, who were for'J
tmrly under his influence and control,
and w ho are to be liiffered to retain or
recover their territories, will be com
pelled to join the confederacy and thus
Ptuffia is left j,fo!ated and alone, sur
rounded by States, whole resources
can in an inllant, at the command of
Fiance, be combined and direfcled
against her. T’he policy which led to
the formatiou of the Rhenish confede*7
racy, was, it mud be conf(ff:d, diabo
lically profound.—lt cements and con-,
firms the influence ol Fiance over!
Get many, by dividing Germany agaiolt \
herfclf. Bonaparte has made Germany
afcl against German—the Bavarian
against the AuOrian—the Sexonagainft
the Hellian—the Bavarian and the
Saxon against the Pruflian. He has
Town the feeds of jealousy and hatred
between Prulfia and the confederacy,
and Aullria and the confederacy; and
the confederates, whatever may be
their sentiment of each other, must re
main united and obedient to his com;
ntands. It is this confederacy that has
rendered the German Empire a mallea
ble ore in his hands, which he may
shape and taihion as he pleases. Soon *
fliall we lee (he ancient princes and
houses of Germany give place to the
novi homines , tl.e race of the Bona
paries and %auharnois; and (ftrangc
reverse of fortune !) the country in
which the pride of family was carried
to an extent unexampled in any other -
part of the world, is dellined to We go* 1
verned by the ioweft of mankind !
T his treaty with Prulfia is remarks- .
ble for a principle by which Bonaparte
hopes to give a mortal fliock and blow
to all coalitions. Ha has made ally
prey upon ally, given part of the terru
tories of Piulfia to Ruflia, and thus
consummated her inifery & humiliation
by making her the vifclim of both friend
and foe. In the article of the Treaty
(the 18th) by which pan of Pruflian
Poland is to be given to Ruflia, it is
endeavored to be reptelented as the
cftablifhrnent of national boundaries
between Ruflia *nd the Duchy of
Warsaw—National boundaries ! as if
such petty liver* could oppose any ob
stacles to the encroachments of either
power, if either power were
ed upon making encroachments!—
T his article of the ireaty did indead fur
pi ife and afflifct us—bccaufe we thought
that the Emperor Alexander would
have rejefcttd with (corn and disdain,
any offer that should tend to call in .
quellion his dilintereflednefs and mag”
nanimity, and to enrich him at the ex
pence of his prostrate and ruined ally.
—T his condufcl towards Piuffia pre
pares us to lufpefcl that the nature of
the ireaty between Ruflia and France
is of a very different nature lrom what
—but we will not anticipate.
The new kingdom of Westphalia is
to be composed, we suppose, of the
territories of the unfortunate Duke of
Bi unfwick,the Eiefctorate of Hefle, Ful
da, Ofnabutgh, and that part of the
duchy of Magdeburgb, including Mag
deburgh itlielf, which is on the left bank
of the Elbe. Hanover, it isfulpefcte'i by
fome, will be incorporated with it.—
We do not believe it. The placing it
in the hands of the Spaniards (hows
that it is meant to be ceded to us in re
turn for the celiion of our conquest
in South Aaueiica—But will any inan
lay that in thepiefent date of the con- ,
tinent we ought to give any thing for
Hanover ?—Could his Majefiy re poi
fefsitasan independent Hate ? Whatever
improvements were made in it during a
llace of peace, would only De so many
incitements for the French to bverrun
and pillage uin a war. We should be