The Patriot and commercial advertiser. (Savannah, Ga.) 1806-1807, December 08, 1806, Image 2

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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