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Satiil’j and to fend-for persons, papers
and records.
Mr. 1 iffin rose rocrclv to (late that
lirhsd Teen atteOed copies of the rec
ord in the case of Mr. .Smith; and to
commonirate to the Senate the con
tents of"a letter which he had just re
ceived “from hi.vi. The letter fol
lows :
Washington, I'cv. 27, ISO 7.
Dear Sir.
Uifl having heard that a motion is
pending in the senate to appoint a com
iniftee-to enquire into certain charges
exhibited against rhe at Richmond, by
the late Grand Jury, I beg you, fir,
to affine the senate, in my name, that
nothing will afford me more pleasure
than to have a public investigation of
the said charges, and an opportunity
to vindicate ir.y innocence, and I heg
von from your feat to make this ftatc
nrenf. -
-I attr, dear fir, refpcflfu'.ly yours,
&c. JOHN SMITH.
Hon. Mr. Tiffin.
Mr. $. Smith laid, that however un
pleasant it might be, it was the duty of
the senator to meet thepropofedenqui-
IV. It did not follow that such an in
vefHgation Wotild go to criminate Mr.
Smith. It might, on the contrary, is
sue in his exculpation. He under
flood that gentleman had expressed his
conviction that a full investigation
would completely exculpate him from
the charges which had been preferred
sgainft him. Be this as it might, Mr.
S. thought there were circumflances
which had been difclofcd at Richmond,
which called upon the senate to go in
to the enquiry. He alluded to the
testimony of Blannerhaffiet’s gardener
and Lieut. Jackson. He had, how
ever, heard that Mr. S. thought it in
his power to do away the charges flow
ing from thele flatements. Why an
opportunity to do this should be refu
fed, he could not underlland. He ad
ded that he perceived no objection to
an examination of two of the members
of the grand jury, who held feats in the
olbef Jlqufe, with regard to the ground
oh which the bills of indictment had
been found, from which examination
it would appear whether there was a-
Dyncccffity for fending for other testi
mony. These considerations would
induce him to vote for the resolution,
at the fame time that he was little feli
citous as to the particular resolution
which should be adopted.
Mr- Mitchell (fated that Mr. Smith
bad expressed to him his regret at not
having been tried at Richmond on both
the charges preferred againfl him, as
he was confident that he could have
eftablilhed his innocence. What was
theobjeft of the resolution ? To give
him this opportunity ; to allow him
the only relotiicc that remained ; to
allow him to be tried here by his peers.
T kerefore, so far as related to the char
acter of Mr. Smith, or to the dignity
of the senate, the enquiry feetned a
proper one ; and be should conse
quently vote for the resolution.
Mr. Thrufton said that he felt feme
delicacy in having hazarded an opin
ion, on the fubjeci of testimony, which
seemed in fume refpefts to militate a
gainfl; the provisions of the constitu
tion. What he had uttered on this
point had been the result. of momenta
ry iinprellions, and might, possibly, on
further reflection, be considered even
by himfelfas erroneous. He should
be sorry that on a point of so much
importance any thing which had thus
hastily fallen from him should go a
broad, which might be eironeous.—
But as the remark had dropped from
him, he would briefly hate the grounds
on which he made it, which he flill felt
to be fatisfadory. He was Hill of o
pinion that the senate in such a case
were not bound by the technical rules
of law as rigidly observed in courts.—
Variouscpnfidcrattonscompclledthcm
to pay particular, regard to their char
after and convenience. Hence the
constitution had conferred upon them
an unlimited power to expel a member.
In/iuch a case they were conliuuted
both accusers and judges, in direst vi
j ° ,,at ‘P r °I common principles of
Jaw. A member might be expelled
I for acts, which would not render him
1 amenable to a court of jnftice. He
hvas therefore, of opinion that irt this
I case the eenate might decide upon what
appeared to them credible testimony,
although it fnouid not be of such a
character as would be admitted in a
court of law.
The question was then taken on the
resolution, offered by Mr. Thrufton,
and amended by Mr. Jones, and car
ried without a division ; and Messrs.
Adams, Maclay, Franklin, Smith of
Maryland, Pope, Thrufton and An
derson appointed the committee.
In the course of the proceedings •
Mr. W bite read the following refold-i
tion, as such an one as he thought it
mo ft expeder.t to adopt.
Refolvcd, That a committee be ap
pointed to enquire whether any, -nd’
what proceedings should he had against ‘
John Smith, a Senator from the slate
of Ohio, in relation to any conneftion 1
he may be supposed to have had with
the conspiracy or any illegal enterprise i
of Aaron Burr, and that the said com-!
mitteehave power to fend for persons,
papers and record*, on the fubjeft
committed to them and to report the
fafts to the senate.
-
COURT OF VICE ADMIRALTY.
Nassu, December 4.
Before the Ilov.crahle and IVorshipful Hzair |
Morelon Dyer, Esq. Judge and Commissary
cf the said Court.
Ambition , Green master, of New
York-Mr. Wylly, king’s advocate,
prayed, that the said ship, together
with her cargo, be pronounced forfeit
ed and condemned, as adroit and per
quisite to his majefiy in his office of
admiralty, for a breach cf the laws of
trade. When his honor the judge,
having heard the information and j
proofs read and argument of council
learned in the law thereon was pleased
to pronounce accordingly,'and by in
terlocutory decree condemned the fliip
and goods as adroit and perquisite to
his majefiy in his office of admirably.
Fox, Mifis, master Mr. Arm ft ron g,
solicitor general, prayed the claim by
him given (for and in behalf of Robert
and John Oliver, of Baltimore, and
John Craig of Philadelphia, merchants
and citizens of the United States of
America,) to be admitted and the pro
perty to be restored as claimed.
Mr. Wylly, king's advocte, prayed
the said claim to be rejected and the
property to be condemned.
His honor the Judge, having heard
the Hid claim and proofs read, and the
arrangements of advocates and proc
tors on both fules thereon, was pleased
to rejeft the said claim, prounced the
said Ihip, her tackle, apparel and fur
niture, and all and every the goods,
wares, merchandise& Specie, on board
of her laden to have belonged, at the
time of the capture and seizure there
of, to enemies of the crown of Great
Britain and Ireland, and by interlocu
tory decree, condemned the fame as
good and lawful prize to his majesty’s
Ihip Elk, Jeremiah Coghlan,esq. com
mander :
This veffiel was in her return voyage
from Vera Cruz to Baltimore, having
on board a cargo of produce, and a
bout 208,000 dollars in specie, when
flic was captured and brought in for
adjudication, upon the ground of be
ing engaged in an illegal trade.
■
In Council,
MONDAY, 14th December, tBo7.
ORDERED, Tht on Monday the 28th inti, that
the City Council will proceed to the Election of
DEPUTY GOALKR, vice William Sirmoou*, refill
ed. with a salary of Five Hundrtd Dollar* per annum.
Candidate*, who with to apply for the Otncf, will for
ward their petition* to the City Clerk.
Extract from the Minute*
D D. WIDLIAMS, C. C.
Chatham Rangers !
YOU are ordered to appear at your Parade
Ground on Saturday next, prtciftly o'clock,
P. M. in uniform.
By order of the Commanding Officer.
ROBERT HOUSTON. O. S-
Dcmaber ij 85
INTELLIGENCER.
—— —
SAVAMNAI-I :
FRIDAY, December 18, 1807.
IN compliance with the request of several
gentlemen, his honor Judge Charlton , has been
so obliging as to favor us with his Charge to the
Grand Jury of Bulloch County, which will be
foundin this day's Intelligencer.
On a perusal of the Charge, we cannot
avoid admiring the firmnefs of the Judge....the
corrcftnefs of the Scholar....and, the language,
which is in fa£l, perfectly consonant with the ‘
ruling principles of this, our Independent Na
tion,
Kis honor very property recommends to
the Grand Jury, (which is the organ of the
County’s will) -the difeour.agement of immo
rality, and all vices which may tend to disturb
the peace and harmony of the county 5 which,
we trull, will be adheared to by every good
citizen....if so, we are of opinion, that his
honor’s Charge will be a mean of preserving or
der and found principles in that county.
The part of the Charge to which we would,
more particularly, call the attention of the pub
lic, is, the Penitentiary System. It is, no doubt
in the recolledlioa of our patrons, that his honor
recommended thi3 system to the attention of the
Grand Jury of Bryan County....for which, we
applaud his humanity....and, we sincerely hope,
that in due time, it will be adopted by the (gen
eral Assembly of this State.
The sanguinary Code of Britain, which is
flill (in part) farxlioned in this slate, is in-’
compatible with the enlightened and mild prin
ciples of the American Government; and ought
to have accompanied the demolition of British
Tyranny in this country.
We cannot cite a plausible reason why
Engliih Jurisprudence should be countenanced, j
in this country, when English politics have,
long fmee, been difearded by a very large major
ity’ of the American People.
Between the laws and the form of Govern- j
ment, there should always be a strong connec
tion.
Judge Charlton’s Charge to the Gran dJury cf
Bulloch County.
Gentlemen of the Grand Jury,
I felicitate you on that Order srhieh
fectns to pervade your county. It may in a
great measure be attributed, to the regularity
with which your Seperior Courts have been
held, and to the firmnefs which has diftinguifli
ed the administration of juiltce by ibis tribunal
these two or th.ee years back. Religion will
always operate as a fuificient check upon the
conduct of moral men, and good citizens ; but
unfortunately there are many whose excelfcs and
had examples can only be restrained by the inter
poiitmn of legal denunciations and punishments.
With such men the pradtice of virtue becomes
the result cf fEar,...a fear induced by the power,
delegated to this court, by’ the constitution and
the laws ! You will perceive, therefore, tht
importance of the Judicial Department, which
poileffcs such ample means of correcting vice, of
promoting order, and cf encouraging the lau
dable exertions of honest men. Much de
pends upon the fortitude, moderation and in
tegrity of the man, who has the honor to ad
dref3 you from this feat; much also depends
upon the firmnefs and impartiality cf your de
cilionsi
Asa Grand Jury, it becomes your duty to
enquire of, and present from your own knowl
edge, or the information of others, all matters
which you may deem of an injurious nature to the
interells of your county. Let no persons escape
the attention, of your body, whose conduct has
been violative of the law or the public morality.
Virtue is the foundation of yourform of govern
-1 ment, (And there may be numerous outrages upon
that principle ; which cannot be the bases of
criminal profeoutions ; but they may be sub-
for your auimadverfion 3s a Grand Inquest,
and I hope you will take advantage of the pre
sent opportunity to present them.
Let Mr. Solicitor’s bills, receive from you
a difpaflionate investigation, and I pray you to
difeourage, as much as may be in your power,
the views of the malicious, or prejudiced wit
ness. Be Mutious m indorling “ true hill” upon
any indi&ment, the prosecution of which would j
have no other tendency than the gratification of
personal vindidlivenefs. If the public order,
peace and happiness cannot be promoted by a
prosecution, it is better, that it should be rejeft
ed, than to be dignified with the ilamp of your
approbation.
On the other hand, fuffer no impreflion of
fyiftpathy or pity, to prevent the punishment of
any persons who have rendered themselves dan
gerous, fufpe&ed or criminal. Your accusa
tions may tend not only to reform the offenders
themselves, but will also deter others from a ‘
comtnilfiou of limilar offences.
If any men in your public offices are floth
ful or corrupt ia difebarge of their fun&iOas,
it is yodr.dutf to. charge them with their trans
gressions, and if they have distinguished them
selves by their intelligence, honesty and good
conduft, they have a right to demand your
thanks as a grateful reward for their merits.
I hope no matter es a general interest will
evade your consideration. You can exprefn
your opinions on all fubjefls which you may
think important to your county. It is my
opinion, that the reformation of the/ Penal Code
of this (late, is one of those general objedts
which is eminently eutitled to your serious re
flections.
Nations under the government cf despots,
infiidl fewer capital punishments, than dis
graced the penal systems of Euglilh Juris
prudence, which is unhappily adopted to
a larger extent in Georgia, than in any other of
the American Republics. It is not right in
the view’s of God or Nature, to place a lovr
value upon the life or members of a man, or that
there fttou’d be an extravagant disproportion
between his crime and his punishment. Eng
land herfelf has began to innovate upon the
sanguinary principles of our ancestors, and to
ameliorate the condition of her convifts : but
these innovations cue are not entitled to, becauft*
they are posterior to our reparation from her
dominion. We have therefore all the curfesof
her antient Gothic Code, without any bleflings
of her modern inllitutions.
If the Penitentiery plan, is adopted by our
Legislature, there will then be a confifter.cy be
tween the judicial and political benignity of our
government : and the wisdom and economy of
that plan, are now too notorious to require the
minuteness of difeufiion.
Your recommendation of this plan to the
General Assembly will do much honor to your
benevolence and patriotism, and I can assure
you, that it will afford great pleasure to this
Court.
WASHINGTON CITY, December 2.
We have received the following as the purport
of Mr. Canning s answer to Mr Munroe. As
this ftaterr.ent is altogether derived from public
rumor, we should decline infecting it, but for the
great importance of the fubjeft, and from the
right of our, readers to be informed even of ru
mors so interfiling, cfpecial’y when credited by
intelligent men.
The note i3 said to flats—That the British go
vernment has always claimed and exercised the
right to take Eritiih seamen wherever found—
That according to the modern usage of civilized
; nations, national veffcls were not liable to search.
—That Great Britain will conform to this usage
—That for the affair of the Chesapeake repara
tion will be made, and a minister lent to tire U
nited States for that purpose—No hint is given
! as to the nature or extent of the reparation—On
the contrary it is expressly Rated, that the claim
of the American government to reparation is les
sened by the refufal to deliver up their men, and
by the Presidents proclamation, both of which are
considered as afls of hostility on our part —That
the minister sent to the U. S. would be express
ly inflrucled not to blend with the affair of the
Chesapeake either the imprefilnent of seamen, or
any other fubjefl of difference between the two
countries—The letter i9 in a flyle more haugh
ty than conciliatory, and calculated rather to in
crease than lessen the fentinrent of indignation
so generally excited by the unprincipled conduct
of G. B. towards neutrals generally, and par
ticularly towards the United States,
For Sale at this Office,
The fallowing BLANKS, which are neatly prin
ted on excellent Paper.-
MERCHANT’* ENTRIES, different kinds
MANIFESTS, foreign and Coasting
Bills of exchange
SEAMENS’ ARTICLES
DEEDS of CONVEYANCE
MORTGAGES
POWERS of ATTORNEY
PRINTICES INDENTURES
BILLS cf SALE
_ __
THEATRE.
BY PERMISSION OF THE CITY COUNCIL,
THIS EVENING, December 18, will be
exhibited by
Messrs. RANNIE (A BERRY ,
A novel aud extraordinary display of various
performances. In addition to which will be
presented, that excellent farce, called
The Duck's and Green Peas 9
Or, the Newcastle Rider,
To which will be added,
The Cobler going to London.
Paticulars will be expressed in the bills of the
day.
N. B. Messrs. Ranme and Berry have engag
;cd two Commedians, who are daily expected
j from Charleston to join them,
j (fUT Doors will be opened at fix o'clock, and
curtain to rife at seven.
Tickets to be had at the office of the Theatre
I ” r ’ 1 " 1 ' 1 ” 1 ‘ --T- -■ - 1 ■
Savannah Anacreontic Society.
I'hERE will We a CONCERT given in the Long
Room of the Exchange on FRIDAY EVENING
next. The Mulic will commerce at 7 o'clock, P. hi.
ALEXANDER S ROE,
Treasurer and Secretary.
December is Sj
NOTICE.
WANTS a (ituatiou on a Cotton or Rice Planta -
tion, a man who underdand* the culture o£
Cotton and Rice, and who can bring good recommen
dation*. Enquire a: this odice.
1 December iy So