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0 for a similar purpose; and l,j, i s particularly furpriling ( ), t n we confider (hat the oafts inserted in newspaper* re very seldom read or re arded. [Here Judge Mar- Uninterrupted Mr. Wick iam by enquiring whether ’o'. Burr was not one of the ompany when the load was iven.J Wickham. This is a ircumllance I had not advert diy; but it was occasioned ymynot having read with iteniion the account of the tliival at which the toad was rank. By making these bfervations I do not mean pimpeach the credibility of Jen. Eaton as a witness; but ithout wishing to throw any mutation on him I may be ermitted to fay, that on this iccafion he (hews an irregu ir imagination ; and perhaps, n this fubjetij his memory lay be equally defeftive. “ Tne counsel for the profe ation contend that ■ General atiJti is to be bslievei on -count of the refpecl ability of it charafter. However this uy be, in a case like the relent, such teftim >ny ts not nidence. The comthution ccla’es that you mull prove oovert aft oftreafon by two inefses: Although the evi ence of General Eaton is range, passing (Irange, yet it nly proves a private conver’ ition, and nothing more, lemlemen on the other fide iverc the order of things, lie intentions of Col. Burr, ley fay, are fir ft to be pioved, >r which treason is to be iferred. On the contrary, vert afts should be fir It (tab'.ifhed,&then an intention roved which would confiitute ea/bn. Gen. Eaton’s tefhtno i has no weight, becauie it les not eftablifhanovert aft.” Mr. Randolph followed Mr. \ 7 . He prefaced his argu lent in the following words: “ Mr. Randolph. I could tith great propriety have dif enfed with the trouble of now libelling you ; lor, after the ble argument just delivered in Ivor of the prisoner, I am sure I will be in my power to shed try few rays of light on the 1 bjett. Yet I wifi not fhnnk j om the talk I have under’ j tan ; since, if I know any Hug of my lelf, I know one dig; that l never will desert fallen naan. In pursuing the Mates of this principle, lo fa r;d, and so flrongly imprel’ don my heart, I (hall con- Eive it my duty to notice the KErfonal attacks which have te n unneceffariiy, wantonly, ln d, let me fay, cruelly made II the unfortunate gentleman mole defence I advocate. In obfervations, kowever, I will not incorpo*’ ti!e farther than this; that bbt is his fate at preheat, may, 111 bie course of the viciflitudes “‘fortune, become at a future “ J ythe fate of l'ome other per ■onsofwhom Mr. Hay has a l°°d opinion. I rejoice that this examinati -811 conduced in public ; be- Cai *(e it affords an opportuni • oi ” Correfiling die prejudi* - i which have, f'o long, and “'ih Tuch induit'ious n)aligni r )> been propagated fiom one America to the other, I “J u 'ce that an opportunity is J 0 “’ presented, of turning the • Urren t of popular feeling into “ Proper channel. I little ex r c bu, however, that, on this occasion, t.;ie art of deefama* - tiori would have been retorted to, for the purpose of p’odu cing an impreflion againfl the prisoner ; that the founds of treason, and of the horrors of war with France and Spain, would have been rung in our ears. My refpeft for you, fir, will prevent me following the example which the profccu tor for the United States set before me ; and I will not. tra** | vel out of the cause as he has done. “ The true objeft of this difeuffion, is whether proof has been produced that the prisoner is guilty of treason; or, if that ground cannot be luffained, whether there is evi dence of his attemping to in vade the territory of any fo reign power in amity with the United States. “ Wuh refpeft to the firft and mofl important point ; I have long been conversant with criminal jurisprudence, but I never heard before of a conjecture of an overt aft of treason attempted to beeltab lifhed from a supposed inten ‘ion. To what does fucli a doftrine amount? If you prove that a man intended to commit a crime, he mu ft of course nave been its perpetra tor ! Is this agreeable to law ? Is it confident with reason, ju ft ice or charity ? We have the authority of an antiquated hook, but for which I con fiefs I fed a great refpeft, the holy feripture, that there may be an evil purpose in the heart for a moment,& may leave it again, and (he man may be without lin. If I may add the language of a poetic to that of divine in spiration, I will fay in the word* of the immortal Mil ton- “ Evil in the mind of God or Man, “ May come and go, so unap proved, and leave “ No spot or blame behind.” “ Certainly many wild ideas improper designs are often en tertained by men, which never are carried into effect, but, on mature reflection; are repented of and abandoned. If, therefore, wr should allow that at any time an evil purpose was formed by Col. Burr, it by no means fol lows, tnat it ever wis executed. The great max'm of law is, that whataver t he design may have been,a ci iminul act must be proy - ed. Where is the law to support the extraordinary position which has been taken on the other side? None. I appeal to you, sir— I challenge the respectable gen tleman who is to follow me, to produce any such law, if it ex ists.” In speaking of the manner in which Col. Burr was carried to Richmond, he observed, “ Who brought him to the ci ty cf Richmond? Not Wtlsin aon 1 acknowledge but one of the hydra heads of oppression, a por tion of the standing army of the United States, acting by the command oi their superiors.— 1 he government now prays that he may be kept in custody, until time shall be allowed to collect evidence againt him! YVhat rea son can justify sued a request? Who created the liiliicu ty, il there is any? The government. Who interposed the distance ue tvveen the scene of intelligence and ihe place of trial? The go vernment therefore is chargeauic with all the consequences, and Ought not to avail itself of till. circumstance, to oppress the p r i. sorter still further. B the govern ment is not ready to prosecute, it ought to have the m ighauimt ty to let him go at la ‘ge until U is ready.” He concluded with the fol io wing scutmieiu. “ I have now done mvduty as a citizen, I have not mfTbrefl po litical opinions, or nnv other considerations to induce me to desert a persecuted and oppres sed individual. All f ask is, tha f he may be tried by the law and the fact; hut if in an enquiry of this nature, we are to be guided by chimeras and conjectures, I can only say, that I should wish not to be a member of such a community as outs.’* After Mr. Randolph had con cluded, Col. Burr lose and ad dressed the court. Col. Burr. Ido not rise, may it please vour honor, to remedy any omissions of my counsel.— They have done justice to the subject. My only wish is to state a few facts, and to repel some observations of a personal nature. It is a simple question involved in the present enquiry, either of treason or misdemeanor. Trea son,according to the constitution, iwust consist in acts. A suspi cion which would be ground for an arrest, must be a suspicion of acts. To supply, however, the defects of proof, the particulari ties of this case have been relied upon, and you have been invited to issue a warrant merely upon conjectures. The alarms of the people of Ohio and New-Or leans, have been mentioned. And because they were alarmed, there must have been cause? YVe are toltl by the president that the peo ple of Ohio were alarmed; anti how were they alarmed? He a tarmed them. How was he a larmeci? By Mr. Wilkinson. “ I may be permitted, I pre sume, to sppeal to historical facts The proceedings in Kentucky are of public notaries. No soon er did I understand that suspici ons were entertained of the na ture and design of my move menis, than I hastened to meet an investigation. The prosecu tor not being prepared, as was alledged,i was discharged. I went to the state of Tennessee; and while there, heard that the attor ney of the district of Kentucky, was preparing another prosecuti on against me. I immediately returned to Frankfort, presented myself before the courts, and was again honorably discharged. What passed in the Mississippi Territory is equally well known. There I was not only acquitted by the grand jury', but they went further; they censured the con duct of that government. If there had been really cause of aiarm, would it not have been lelc by the people in that part of tha country. “ There i* one great fact,how ever, which puts at defiance all the rumours about treason or misdemeanors. The fact is, the manner of my descent down the river. The nature of my e quipmencs must have clearly e vinced that my object was pure ly peaceable and agricultural. It is not my intention to comment on the testimony, strange as it is. But rh s luce aione, [should suppose, would be sufficient to overthrow it. If it might be said that the design* imputed to me ever did exist; it might also be said they were long since a- > bandoned- My designs were ho. ‘■ not able; and would have been j useful to the United States. “ It is proper now that Isliould j advert to some charges ot a per- ; soual nature, My ibgiit, as :t has been termed,has been men tioned as mi evidence of guilt, j When did 1 fly ? In Kentucky i j presented mysed holme tile civil J authority, and invited an enquiry. How and: lit terminate? Noi in producing evidences of my guilt but a tirm conviction of my inno cence. On my arrival at tne Mississippi terutoty I was sur prised to hear o/ tils alarms which existed there, and that orders had been issued to seize and destroy die persons and property ot my sidi mid party, i endeavored to undeceive tpe people. 1 endea vored to satisfy them that l enter tained no designs Qostue to the j United States. NdUvrttisia.Uiiig ! which twelve hundred men were in arms. I’or w.iiut purpose ? For one which is not yet develop ed. YVliat wai the result of the enquiry there ? It has been alrea dy mentioned. Could the peo ple of that territory be deceived ? Surely not. After my acquittal I was promised the protection of the government. But it was a promise which could not be per form and. The arm of military power was too strong to be re sisted. “ I knew there were mili” ! tarv orders to seize mv pet lon and property, and transport j me to a diltance from that ! place. I was well a(Tuted | even by the officers of an ar i tried boat,that it was laying in j the river prepared to receive me on board. Under these circumflanccs was I to remain there? Was it my duty to re main ? No. I followed the advice of my bell friends I pursued the dictates of my own judgement and aban. doned a country where the laws ceased to be the lovereign power. The charge in a hand bill,that I had forfeited iny re cognizance is falfe. I broke no recognizance; has it been estreated ? If I had forfeited it, this would have been the regu! >r course. But why mention this fubjeft ? If 1 am to be prosecuted for a breach of recognizance why not carry me where it happened ? Why bring me to this place ? I fled, it is true, not from an investigation into my con- Just but from military despo tism. “ More than three months, have elapsed since the orders of government were i(Tried to seize & bring me here. And yet it is fa id that lufficicnt time has not been allowed to ad duce testimony in support of tire prosecution. “ Why did ibe guard who condufted me to th s place, a* void every m igi ft ate on the way, unless from a conviftion that they were afting without legal authority? Why was I debarred the uie of pen, ink 1 and paper, and not even per r 1 mined to wriie to my daugh ter? In the slate of South Carolina, I happened to fee 3 men together. I did not at j tempt my cfcape, as has been J represented, but demanded the j interposition of the civil an. 1 thority. It was from the o ; peration of the laws of my { country. (i There are three courses . which, I apprehend may be : pursued on this occasion ; Either an acquittal, or a com I mil mem for treason, or for a mi (demeanor ; of neither of which does any proof exilt except what, is contained in the affidavits of Eaton & Wilkin son, abounding 111 crudities tk abfurditie s.” JUST RECEIVED, And for Sale, 12 pipes 4;h nroof Bourdeaux BRANDY, !8 box 11 S') AP, App'y t 9 J YCuB IDLETISc Cos M' i/21. .54 ot For bale, TpROM Ten, to One Hundred ft Bushels of g >od 11 on?h Rice, o 7 D’ liverabie at any wharf in S.f vannah, at Twenty Honrs No tice, at ONE DOLLAR p-r bushel. Enquire of Mm ill £?* Pcrkb.ursU Gibbons’ Building-.;. Map 21. 54 A PATRIOT. $A l r A M'S AII, May 21. 1 SOT, On Sunday last, n sermon was preached at the Baptist Church in this city, l>y the Rev. Mr. Holcombe, and < olivet ion m.ulu for the benefit of Mount-Emm College, wh.-n the lib ral sum of oTT dollars 62 12 cents, was col lecled. We are authorised to state, that if the weather is favorable, Messrs. R. UsP y. Bo,'ten's NEW SHIP will be launched t/iii af ternoon, between 5 and 6 o’clotk. \ efferday, V\ iui.iam Love, who, we mentioned m a lor mci paper, had been found guil y of the murder of David Whin a more, was executed near this place, between the hours of ISc a o’clock,P. M.in pm Inance of ins fenteitce. He declared under the gallows, that he was innocent of the crime for which he was about to luffer, but fan! that there was dilotderly conduct among them and thalthe woman, es he expidied hnnleif, gave him tlie money 6c toe- watch,(mean ing the money a„d watch of W hmamore. ) Augusta Herald, May 14. NOiTCE. r I"'HIC Pa 11 Isi > I'HQM -1 MI N w 1 Oil Pi Y was dis. solved on in- Is ins;, ijy in.itnal con.v-rt— 1 lie r-'qacs, ail those indebted tu oicui, 1,, make up niediatc pa\ iiu-nt, ot ieraise suits v. il. he commi-nicd against, ihstu wiUioui, tlisCi luniiation p- r > ipY. W. FiJJwiaON. May 21 Sherilf’s Sa'ies, n tne hrst lucsany in funtt next, WILL HE SOLD, At the court house inMl,e city of Savannah, bctioUA’tke hours oj IO and and o'clock, ALL tiiofe buildings and improvements, on the N. W. half part ot Let No. —, Deck er Wad, belonging t< the heirs of Philip Minis, de'ceafed formerly occupied and own ed by Maurice LehifT. A fifty acre lot, known by the number 0. the house at I present occupied by Jofcpir Arnold, m Atif-m Watd and three lots, being pan of a live acre lot, adjoin the town, form oily be y. o', to i the cliate oi jobn Uni ,ml, ■i-’c, J taken under execution - live i property of joteph mo j the lulls of Benjamin 1/-1 if..-, i furvtving copaitner at-d Beitj. Bully, jun. I*os . uned I'orn V?vy Saits. T. itOBEUTBON, S C C May 7 S ‘ bherill’s aa! vs. At the court- house in the city of Smanna i, WILL BE SOI HA On the first Tttesdnj/ m fuw next i.ul No. 5, hi our ■ 1 ,:<j Pcrcival V\ arc!,wii 1 1 tin- buti.li.-u-j ami tmjirovcmcnt* ; taken m exc. cutiou as the property of tin . es tate of Joim Wcrcat, liecea.e.:, to satisfy judgment in fav u r <f Owen Ov ens. ALSO, Aii tint tract or parcel of land romaming I6vo aen-s more or loss xiiuait* in tounty on But. laloc’ i'ick near tile. Itiadof tune Satilft ftv r bounded bv lands of Samuel Went anil others, laken (jt)t!er e’ eentu;u. a the suit *>l lltit Ekoc’tttoi's ot G'ibnrt vs. Execu tors ofGt urge ila- t. T. KOBEH i'-AJN, •. c. c. May Ist. 49