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Mcii'n in the Fedcrrl Court of
the Kentucky District, a
gninst AaSon Bußin Fan late
Vice*President of the l nited
States. for high crimes ‘and
■misdemeanors.
On Wetlneidav, about noon*
nn the sth inst. J. 11. Davies
Esq. Attorney of rise United
States, for the above disirct,
roe, and addressing tire • court,
raid that he had a motion to make
of the utmost magnitude, and
extraordinary nature, and which
regarded the welfare of the union
at large. That the unhappy state
of his health alone, had prevent
ed him from making it on the
first day of the term —That he
should ground Ids motion on an
affidavit which he would present
to the Court. lie then made
oath to the following affidavit: —
UNITED STATES OF A-
M ERIC A,
KENTUCKY DISTRICT.
J. H. Davies attorney for
the said United States, in and
for said district, upon his cor
poral oath, doth depose and say,
that the deponent is inform’ and,
and doth verily believe, that a
ertain Aaron Burry sq. late vice
president of the said United
States, for several months, past,
hath been, and is now engaged
in preparing, and setting on foot,
and in providing and preparing
the means, fora military expe
dition and enterprize within this
district, for the put pose of de
scending the Ohio and Missisippi
therewith, and making war upon
the subjects of the King of
Spain, who are in a staet of peace
with the people of these United
Stales—To wit : on the pio.
vinces of Mexico, on the west
wardly side of Louisiana, which
appertain and belong tc the King
of Spain, an European prince,
with whom these United State3
arc at peace.
And said deponent further
snith, that he is informed, and ,
fully believes, that the above
charge, can be, and will be fully
substantiated by evidence, pro
vided this honorable court will
grant compulsory process to
bring in witness to testify thereto.
And the eponent further
snub, that he is informed, and
verily believes, that the agents
and emissaries of the said Burr,
have purchased up, and are con
tinuing’ t© purchase, large stores
of provisions, as if for an army ;
which the said Burr, seems to
conceal in great mystery from
the people at large, his purposes
and projects ; while the minds
of the good people of this dis
trict, seem agitated with the cur
rent i umout that a military expe
dition against some neighbouring
power, is preparing by said Burr.
Wherefore, said attorney, on
behalf of said U. S. pray, that
due process Lsue to compel the
personal appearance of the said
Aaron Burr, in this court ; and
also of such witnesses as may be
necessary on behalf of the said
United States ; and that this
honorable court, will duly recog
nize the said Aaron, to answer
such charges as may be preferred
against him in the premises ; and
in the mean time, that he desist
and refrain from all further pre
paration and proceeding in the
said armament, within the said
United State*, or the territories
or dependencies thereof.
J. 11. DAVIES, a. u. s.
Having read this affidavit, the
attorney proceeded in the follow
ing words :
The present subject has much
engaged my mind. The case
made out is only as to the expe
dition against Mexico; but I
iiavo information on which I can
rely, that all the western territo
ries ate the next object of the
scheme—and finally, all the re
gion of the Ohio is calculated as
tailing into the vortex of the new
proposed revolution. What the
practicability of ibis scheme is,
I will r.ot say ; bnt certainly any
progress in it, might cost our
country much blood and treasure
o undo jand, at the least, great
public !*rrtsumn must brVrpfc'ed.
lam detet mined to use every
effort in mv power, as an officer,
and as a man, to prevent and de
feat it.
Having made the affidavit my
self, I shall make no comments
on its sufficiency.
In case*, of felon*", the affida
vit must be positive, as to a felo
ny actnallv committed ; bnt in a
misdemeanor cf this nature,
where the sole object of the law
is prevention, such an oath can
not he required : the thing mti'-t
rest on belief as to the main point
of guilt.
I could easilv prove positively’
the purchase of supplies of vari
ous k'nds, but this is no offence.
Mr. Burr may purchase supplies
—he mav import arms —he may
engage men, which I am told is
actually begun—vet all these
things being proved, make noof
fenti ; neither can proof of the
declarations of his known confi
dants, of which abundance might
be had, attach guilt to him—it
is the design, the intent with
which he makes these preparati
ons, that constitute his misde
meanor.
There must be.a great exerti
on of supposition to imgaine a
case in which positive proof of
the illegal design can lie had—it
must rest in information and be
lief.
The court oug’it therefore to
issue a warrant or capias for the
accused, and examine witnesses ;
when the couit v?ill he able to
decide whether Mr. Burr should
be bound to good behaviour on
the premises, or recognised to ap
pear here and answer an indict
ment.
His honor Judge Innes declin
ed, on account of the importance
on the question, to give an opin
ion without taking time for con
sideration. This opinion he did
not deliver until this morning a
bour eleven, which opinion went
to overrule the motion of the at
torney for the'United States, on
the grounds.
Ist. T hat the court was not in
vested with the power.
lid. rs the court were, that the
evidence was not sufficient
'l lie attorney than moved for a
warrant, to summon a grand ju
ry, before whom he was to prefer
an indictment against col. Burr.
This the court immediately grant
ed ; and a warrant wa3 given to
col. Crocket, the marshal of the
district, for that pnrpo6e. The
Judge ordered his opinion to be
entered on the record.
1 o’clock. After the names of
the grand jury were called, col.
Burr entered attended by 11.
Clay, F.sq. as his counsel, and af
ter having seated himself a few
minutes, rose and addressed the
court in concise and impressive
terms. He stated that he had
been upon the eve of his depar
ture from Lexington, when he
w-as informed that his name had
been mentioned with reproach
in that court; that he made it his
business to hasten to this place,
and present himself before the
court for investigation ;with se
veral other observations, which
we shell publish at length in our
next. At present we can only
sav, that the grand jury were or
dctecl to attend on Wendes
morning at 10 o’clock.
yyy /‘/'/•yyyyyyy/ y.
Sherift’s Sales.
ON the first Tuesday in Feb~
ruary next, between the hours
of io and 3 o'clock Will be
Sold, at the Court* hmife in
the city oj Savannah.
THE
Following Negroes, viz.
Tom, joe,Good!uck, George,
and Mary.
—A LS O
Hannah, Betty, Lucy and
child Cybele, by virtne.of an
execution on mortgage. The
executors of Mr. Bolton, vs,
Wm, Jno. Davies.
T. ROBERTSON,* c. c.
December 4.
From the Virginia Argus.
COMMUNICATION.
The re-election of Thajnas Jef
ferson, esq. considered•
The writer of tins article has
lon(T entertained the opinion,
that Mr. Thomas Jefferson ought
not only consent to he re-elected
President of the United States,
hut that the people, with one
voice onjjht 10 urge him to accept
the appointment. He was in
hopes that the question would
have been very fully and candidly
discussed by many and much
alder pens. Political events of
greater importance having lately
happened, added to the near ap
proach of the session of congress,
as w-il as tile legislatures of the
different sta’es, induces him,
without more delay, to submit
the following remarks to public
notice ;
The writer of this, neither
ever was, nor ever will be, a
political partisan, or opponent of
any tnan, from considerations
merely personal—He lias been
uniformly opposed to that feature
in the constitution, which ad
mits the re-election of a Presi
dent. Yet, as the people have
never taken the constitutional
measutes which were necessary
to alter it , and as our public re_
lations, both foreign and domes
tic, appear to requite cautions
policy, as well as one which will
obtain the general confidence of
our citizens ; he is now dispos
ed to suspend his theory". From
these and other 1 sasons, it seems
to be not only expedient, hut ab
solutely necessary, that Mr.
JefTerson should he re-e!eted to
the important office which he
now holds.
The expression of this opinion,
in teims so unequivocal, it is
hoped, will induce other writers
of better endowments, to turn
their attention to it—so that a
full and candid discussion may
be submitted to the people,
whose province it will be to
make the momentous decision.
Wq.pcrceive in the newspapers,
that many of the inhabitants of
Philadelphia and New-York,
have formed committees, to pre
pare addresses to the President to
induce him to consent to another
election. Without justifying the
practice of forestalling public
opinion upon questions oi im
portance by the means of com
mittees or caucuses, the writer
thinks fit here to say that in this
case the proceedings seem to
him to be, not only defensible,
but necessary’, because our pub
lic affairs both foreign and do
mestic, appear to he in a critical
situation. If the disease is great
the remedies ought to be not on
ly prompt, but powerful.
The public conduct of the Pre
sident, as far as the writer of this
can judge, and particularly in re
lation to late events, deserves the
approbation and confidence of the
people —Without examining and
passing opinions at this time un
on patticulars, it will be sufficient
to say that he has upon ail occa
sions, given the most satisfactory
proofs, that lie will, if it he possi
ble, preserve the peace of the U -
nited States, and will also avoid
entangling connexions with any
of the nations of Europe.
No country ever had more to
expect from put suing an open,
just and public course ; —No
country ever had fewer induce
ments to change or abandon such
a course :—No country ever had
more to apprehend from war, and
net merely irom the customary
chances and dangers of war, but
from the spirit oi distrust. nd dis
union which exists among our
selves, or rather among some of
those to whom we have commit
ted and -entrusted our great po
litical concerns.
Much has been said and no
doubt much more will be said,
and published, relating to the in
definite meaning of the arbitrary
and compound term “ national
honor'' —l he term will be array
ed and adorned in the most fasci
nating manner by the aids of elo
quence and ingenuity, so that the
people will he great!'’ *cied, k
inanv will be tempted to forget
and forego the bench'* of national
safety and individual prosperity
t „, fall into the meretricious em
braces of this seducing sorceress :
A sorceress, *v ho will allure that
,he may deceive, that she may
destroy — who will, indeed, lead
her admirers into difficulties
which no after conduct or repent
ance will be able to obviate or
atop ;
There surely cannot be a man
: n the United'States, no matter
to what political sect he is attach
ed—no matter what may be his
hopes or fears™who does no t
firm lv believe that, if the fence of
the United States shall not be pre
set ved, the failure will not proceed
from the , actions or designs of
Thomas Jefferson.
If this be the general opinion :
If this be true that this skilful,
and experienced helmsman will
exert all the advantages which he
has derived fromlongexperience,
great talents, patient industry',
and extensive popularity, for so
great an object, surely it will be
better to delay a little while the
enquiries into the abstract policy
ot a re-election, rather than de
prive the public of so many a.id
such great advantages.
Let pence be restored to Eu
rope---tranquillity to the world
—confidence and quiet to the U.
States, and then the writer of this
will be among the foremost, not
only to oppose the re-election ot
the president, but to amend the
constitution, as to disqualify the
acting president from holding any
other public office, until heshall be
completely restored to the body
of tlte people, and from them
once more to advance in th* road
of public honor.
if provisions of this kind
should existin the constitution,
there would be no personal in
inducements for a president to
makvencroachmetsupon he'iber
ties of his country, nor would he
involve his country in prospects
which night lead to a war, when
it was known that he would not
have it in his power to enjoy ei
ther the honots or emoluments
which in a war might be expect*
ed.
We have had reason to believe
that Air. Jefferson entertains o.
pinions like these —& if it be so,
the present crisis must afford to
his mind, very embarassing con
flicts, between the positive duty
which, as a patriot he owes to his
country, and the opinion which
relates to such innovations or a
mendments in the constitution,
as will prevent all future disputes
upon this important question.
A question of so much impor
tance, both to the United States,
and to the president will not fail
to obtain, not only advocates but,
opponents of the first considera
tion and talents; At present, it
seems to be generally believed
that Mr. Jefferson will not coun
tenance a re-election. His opin’
ions frequently delivered upon
this subject, will not only be reli
ed upon, but urged with peculiar
exactness, both by open and con
cealed enemies. To the writer of
this it seems that Mr. Jefferson
ought not to consider himself
committed by those opinions, and
even if he did, the voice of his
country corresponding with a
belief that it will be in his
power to render public ser
vice, ought to have a pre-emi
nent influence * ought to induce
him yet longer, to bear in pa
tience the vilification of those dis
appointed partizans who have
measured his met its and demer
its by their own passions, and
disappointments.
MENTOR.
SALEM, November 10.
THE Salem East-India Ma
rine Society yesterday held their
airual celebration, The proces
sion was fotmed at 11 o’clock,
and moved from their Museum,
escorted by the SalerofArtilltry
Company, with a band of music,
under lieut. Russell, through the
principal streets in the town. As
I thej passed the Dei by wharf, a
salute was fired, and the colours
on all the ve*s~l s In the.
and at the wharves were clisnl, v
ed. After proceeding thr 0 ’ t | 1( ‘
town, they stopped at C ( , n ~t
Hal!, for refreshment, unff
proceeded back to their M a
turn, where they parte. !: 0 f ‘
elegant feast prepared for th- o[t
casion. After which, the fol! ow .
ing Toasts ware drank, acco Ql !
pained with music by .k„
band
1, The Salem East-India Ufa
rine Society— improvement a .
Read,” harmony “ in the beam ”
and party spirit “ astern,” hull
down.
‘2. The memory of Capt. fl eß .
jam in. Hodges, our late Prefi.
dent—May his worthy example
by its, pure light, illuminate and
cherish this institution, of which
he was so bright an ornament.
8. Our brethren who have
fallen in a foreign land—Mar
the sympathy of a brother never
be wanting for those whos
graves are watered by. the tear* J
ot a stranger.
4. In our intercourse with our I
brethren, may we discharge our I
“ duties,“ without a “drawback.” I
5. May wc never “ beat away’’ I
when we see a friend in distress, I
nor “ luff up’’ to needless atiiao. I
si ties. I
6. The enemies of our country I
—may they be blessed -vith, I
Leaky clumps—-Chcak’d pumps |
Sails rent —Grog spent, I
Wormy bread—Wind ahead I
Cloudy r,ocn—At night nr I
moon, I
Compass lost —Tempest tostl
—-A winter’s coast. I
[When this coast was drank, a I
salute of 16 gun* was fired fiomß
a full rigged ship in the .Muse*■
urn.] I
7. Tite good ship “ American!
Commerce,” abundance her car-!
go— enterprize and industry herl
owners— fair dealing tier Ector, I
and success her port of desunati-B
on. I
8. The Ocean —the nursery ofl
valor, enterprize, honor * !| fl
wealth. ■
9. May the hurricanes of parH
sion never drive us out ofd:e“H®
gular trade” of social duty. B
10. Mav weat every jjooci cifß
ration, find knowledge'in i * rtf®
ascension , virtue on
an, vice & prtjudice below tlfl
horizon. H
Jl. When passion blows®
gale, may reason * k steer
trick.” ■
12. T he reverend clergv—
faithful pilots who conduct
through the stormy sea of lib ‘Vj
the luvtn of peace and happi®
ness. K
1 3. The Military Corps “' n ‘®|
have acted as an escort —
to the patriotism ar.d
which have produced 00
a spectacle. Bn
Kingston, (Jam.) Cut. &
The American
per, Riddle, and, Exchaifl
Gi Id, from St. Thomas’* j
New Orleans, were on Hisj
last captured off Cape
Mole, by the famous f r,! l
privateer schooner t'upeibj
tain Domirique Beaux, °‘l
guns, viz. 2 nines, 4 sixes, m
8 four-pounders, and 8* lt i
ihe crew sot both vessels, >1
the exception of two menbtMl
ing to the latter, were all <l' ; 1
ed on boaid the enemy- ‘I
three schooners having j
descried in the C ftng by c m
schooner, of ten guns,
Pitton, who was at anchor
Mole, he immediately
ar.dptoceedtd in chas; c ' ■
laigest of them, then
her sere top-sail abacs, I
waiting to meet the Pith ‘■
the other ones in contparj'B
making sail to escape i
Pitt nearing the entn •)',I
sail and endeavored to get * J
when she was pursued, hoa W
stls sweeping until
evtning, about S °. c ,jB
which time the b‘’ lJ
chasers reached her; th'.'B
then continued ou both hICD H
dusk; at 8 o’clot!;,
proached so near, that ‘"’M
vatetr put about IDtcl !IJ
board, however notrehs-'jM
well-directed file horr-t^'B