Public intelligencer. (Savannah, Ga.) 1807-1809, December 18, 1807, Image 3

Below is the OCR text representation for this newspapers page.

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