Newspaper Page Text
Some conve.-Gdnnenfufon th- m--
, l lo ii,(lrui£l; the (tran.l I .rv: a i ;t tn
.jcjjrftood tliat Ms. Br'< cou-ifei w-n to
ly. timely notice to the Urri cl S at t’ nr
of the propofuion they intended to
fiihffl't to the court
The quertim w.is fncy-fted, -whether the
erind jery could be uljm-C’d to f.me fit
tare dav. without bc.nsr adjturned from
dar to dy. Toe chief jnflice dcrlired
j,, not prepared to gin an opinion on
tlit fobjccl.
Jt fo*<t iy. May sf.
I pj.,. proceeding’ of rhis dav ware rx-
I tre-nely IntereUsg, and fliali be detailed
I it length hereafter.
| r H.iy declared that he should not for
I fjveral days fend U P his “'d ‘lntent* to the
I r in I jury, nulefi general Wilkin fin male
I hi# ap;>crance; and that in case he did
I rot appear, he should then determine on
I the course he oight to pirf ie —the fan-1
I r ..y was adjourned til! Tuesday I 7 o’clock,
I Mr. Hay moved the court, to commit
■ Aaron Barr on a.charge of High T-eafiiit
the T T nited S'a’e*. H • declared
ItKat the reafm of rhi* motion v.-ts fnn.td-
Icdon a pofShllity of Mr. E’§ living from
Ith: law* in case h- llnu'd he pnfitively in-
Iformed thatgrn Wilkiufon uni on his way
|t) Richmond *i lef he wa committed fur
Itreaion, and defamed by higher bail; and
■ that he believed the evidence he was now
■tobring forward, In addition to whit had
■beta adduced on the examination of A.
Igjrr, was fufiieicnt to indue; the ju !g- to
|tant the commitment. He therefore mhr
■ el, that evidence should be heard on be
■ half of thin motion.
I Mr. Burr's counfe! opposed thi* motion
■principally on the ground that the grind
■pry and the court p fTeffing cuncurrent ‘
■pawersin this case, it wu inexpedient for
■•!; court to exercise this power, while
■the grand j-irv was in fells on; that a m re
■nirticu'ar reason a-aiisfl the court's exerd-
Kntthispsvrer, was, that they woislil have
■todelivr opinions on the evidence, and
■f ua commit tlicm!elver on the tiltcri
■or fhge* of the prosecution, A; f.ireflal i he
■ratiment* of the grand jury, and the pub-
Bc; and that a’ another made of ptoduemg
■his ill cfTjA, dep fs’iofl) or writ;on o.aoers,
■which coidd not go be (ore the grsn 1 jury,
■v.iuld be brought before the court as a
■bandit!nil for the motion of commitment,
■rliefe allsdavits would he k-mw.i ta the
■rand jury, and might contribute to rsre
■iliee their mend. The counfcl for the
■srofecution contetleda.il those a'vuments.
■ The court poldposied giving any opinion
■ill next day.
I Mr. Hav avowed h-s exp dhation, that
Ipneral WtlViufon would aopear In a few
■ays, The government lord employed c
■rery pnlEnle exertion to that eff-ft
I One O'clock —The court has jofl decided
■bit “If it it the choice of the pr.fcrutor
■n the part of the United States to pro.
■erd whh his motion, it is tim opinion
■f the court that, lie nary open hi* teflimo
kr
■ Qurflian pofiponed till to morrow. The
■'faculty is to make Time a-raego'e-’t,*
■rhich may pre-'ent on :mprffs in on the
■ublic mind, by the exhibition of cvi.
■tnce. The counfcl for the pr ferunon
■nd the prifener cannot vet agree upon
Rov arrangement
■ * Svfgflcd ley tie Attorney-General,
I Tuesday, May 26th, 18"ir.
■)b the mntton made yesterdey
■to Commit Col. Burr on the
■ charges of Treason, the Chief
B Justice delivered the following
■ opinion:
■ OPINION
Federal Court, ce'hrrc ilu
■ Chief Jmti-e HAUSfIAi.L, o>
B Ike motion of tUr Attorney of
B tkr United S'al rv, ts com-itit
M Aaron flurry .r H’gh lreason
U against the United. State*.
■ IsNT considering the q .evion
•nich was argued yesterday, it
•’pears to be neccs&aty to dc-
Hiile
I Ist .• Whether the court sitting
■ sa court, posse s-e ? the p'.jwer
■ commit any person charged
P L h an offence aga-mt the Unit-
P States,
■ Jndly : If this power be ros-
Psed, whether circuits .tsusces
P'st in this rase which ought to
Ptraiu its exercise.
■ Ihe first point was not made
■ the argument, and would, if
■tided against the attorney for
■ United States, only change
■ mode of proceed ng. If a
■uht can rxiit respecting it,
Ptt doubt. arises from the orai
■ n in the laws of the United
■"t** io invest their courts, ait-
■ r i'as courts, with the power in
■ !t ition. Jt is expressiv given
■ tvery justice and judge, hut
■ to a court.
■ This chjection was not made
■ the part of Col. Iturr and is
■';’ mentioned, not because it is
■lieved to present any inti ionic
■®cuhy, but. to show that it “as
■ cn considered.
■ * his power is necessarily r%.
■ Cl ' e d by courts in dt*ciiarge
■ their functions, and seen., not
■ ‘tave been expressly given,
■ttacße it is implied in the dm
■* which a court most | e.lorui,
■ the judicial act contr inplates
■ lr ‘ thiv light. They have cog
■'■ttnce of all c.iimes against the
TTnited Snlfs ; thev are compos
ttd of the persons who can commit
tor those crimes; and it is obvi
ously. understood, by the legisla
ture, that the judges tnav exer
cise collectively the power which
they possess individually, ro far
as is necessary to enable them to
retain a person charged with an
offence in order to receive the
judgement which may finally he
rendered in His esse, The court
say’ this is obviously understood
by the legi-lature, because there
is no clause expressly giving to
the court the power to bail or to
commit a parson who appears irj
discharge of his recognizance, tie,
against tvoom the attorney lor
fife Ignited States does n it chase
10 proceed, and yet the 33 I sect,
of die judicial act, evinces a cl-ar
understanding tn the le.gisl tture,
that ihe power to take bail is in
possession of the court.
H a person shall appear, in
conformity svith his-recognizance
tttid the court passes away with
out taking anv order respecting
him, he is discharged. Anew
recognizance, therefore, or a
commitment on the failure toen
tcr into one, is in the nature of
an original commitment, and
thi s powym_Jias been uniformly
exercised.
It is believed to he a correct
position, th.*t the power to com
mit lor offences of which it h.ts
cognizance, i exercised by’ eve
ry court of criminal j rrisdiction,
and that courts us well as indivi
dual magistrates arc conservators
of the peace.
Were it otherwise the conse
quence would onlv b- that it
would fjecome the duty of tin;
judge to descend front the bench,
;tnd in b*f character av an ir.di
vidu and magistrate, to rlr> that
which tire couit is asked to
do.
If the court possesses the pow
er, it is, certainly its duty to hear
the motion which hss been made
j on the part of the United States,
| for in cares of the character of
! that-under consideration, its du
ty and its power are coextensive
with each other. It was observ
ed when the morion was mad,
and she observation may now he
repeated, that the arguments urg
ed on the part of the accused
rather prove the motion on the
p.srt of the Umted States unne
cessary , or that inconveniences
may result from it, than the want
of a legal right to make it.
The lirst i, that th e Grand
jury being now in session ready
to receive an indictment, the at
torney for the United Sta'es
ought to proceed by hill in stead
of applying to the court, since
the only purpose of a commit
ment :s to bring the accused be
fore a Grand Jury. This state
ment contains an intrinsic error
which dest.ove its operation.
Ihe commitment is not made
for the aole p irpo,e of bringing
the at cosed before a Grand Ju
r\ ; it is made for the purpose of
subjecting him personally to the
juclgemetit-of tite law, and the
Grand Jury is only the first step
towards that judgement.
If, a-s has been argued, the
commitment was simply to de
tain tue person until a Grand
Jury could be obtained ; then its
operation would cease on the as
sembling of a Grand jury; but
such is not the fact. The order
of c ußmi meot retains its icsrce
wtule the jury ‘l3 in session, and
if the prosecutor does not pro
ceed, the court is accustomed to
retain a prisoner in confinement,
or to renew his recognizance to
a subsequent term.
The arguments drawn from the
general policy oi our laws, from
tue attention which should be be
stowed on prosecutions, instituted
by special order of the executive,
iiuui the peculiar inconveniencies
and hardship* of tit s particular
case, bom tl 10 improper effect*
tvujcii inevitably result from ibis
exa.ui ution, are some ot them
.subject tor the cDasider.uion oi
tiiosc o ho make the motion, rather
th, 11 ot tile court, and others go
to the circumspection with which
ihe lesumonv in support 01 the
motion ought to be weighed, ra-
I jhcr than !o Ihe duty of haarin.-r
it.
ft has hf<n fai l that Col.
Burr already Hands charged
with treason, and that, there*-
fore, a motion to commit him
for the fame offence is itopro- :
per—But the fad is not so tin- !
derfloorl by the court. The
application to charge him with
treason was rejsided by the
judge to whom it was made,
hecaufe the tefiinony offered
in support of the charge did not
furnifh probable catife for the
opinion, that the crime had
been corunit'cd. After this
rrjeClion, Colonel H irr Hood
f i far as refpecte 1 his legal lia
bility to have the charge re
peated, in precilely the lame
situation a-, if it had never been ,
made, lie appears in court
now as if the crime of trealon
had never before been alledge 1
against him. That it has been
ailedged, tint the government j
had had time to colie and telli- j
mony fsr the edablilhm mt •
of the feed, tint an im n:nfe
crowd of witnelfes are a tend
ing for the. nurpnip, that the
profectuor in his own judge
ment has telli atony to support
the indifclment, are circum
fiances which may have their
influence on the motion for a
commitment, or on a conti
nuance, but which cannot de
prive the Attorney for the U.
Sta’ei of the right to make his
motion. If he was about to
fend upa bill to the Grand jury
he might move,that the person
deligned to accuse, should be
ordered into cuflodv, and it
would be in the discretion of
the court to giant or to reject
the in > ion.
Tne court perceives, and re*
grets thi? the refu-t of this mo
tion, nvy he publications un
favourable to the juflice, and
to the ri*ht decifton of the
7 . . , j
case: but if thu confeq 1 ;nce is <
to be pievente-i, it mud he by J
oilier means, than by refilling I
to heir the motion. No man j
feeling a correct sense of the ;
importance which ought to be ■
attached by all to a fair and
impartial adminiflration of jus
tice ; cfpecially in criminal pro
fecutioiis can view without ex •
tteme loiicitude, any atteisipr.
which may be made to pie
judice the public judgement,
and to try any person, not by
the laws of bis country and the
iclliiriony exhibited agairill
him., but. by public feelings
which may be, and often are
artificially excited againd the
innocent as well as the guilty.
But the remedy, for a practice
not less da’.giro is than it is
criminal, is not to be obtained
bv fuppreUing motions, which
either party may have a legal
right to in ike.
I fit is he cb lice of the pro
feeutor 0:1 the part of the U S.
to proccc 1 w.tli ou m otioo, it i.->
the opinion of the court, that
he may open his teflitnony.
liosr;w, M iy 16.
In *he Lvdi t, cap:. Hill, ten n
the N irth West Coast of Ame
rica, John Holers Jewett, ait
f ion i’ii mips ju, etna paisen-
’Filey are the milV K irvi
vors of the crew of the snip it s.
ton, capt. John halter, tiie rc.c j
h-v ng beeu murdered by the J
natives on the coast. Capt. j
Hill was in Columbia river, on
the Pacific Ocean, after captain;
Lewis and Clark left it on thir
return home ; and r,aiv sums of
the medals leit by them witii the
Indians.
N ew- I ork, May 22.
We are informed by a gentle
man front New-Oi leans, that a
shrt time previous to in* de-
I !)Mt>ire, Sp-. r ’:x, wfin f.vf
j b-on on)-red liv Geiuri! \V;I
kinson to proceed with n detach
ment of tile army to reinforce the
trarrison at Fort Stodd-ut and
I'oi t Stephens, in the .Missiasip
pi Territory, returned to that ci
| tv in consequence of the retime
j of the Spanish commandant at the
j mouth of the Mobile to permit
1 him to pass With the force under
his command. Major Sparks
having left the detachment on
; the borders of Lake Pontchar
: train, had himself proceeded tn
’ head-q .arters for further orders’,
1 and upon his ari ival was directed
I to recall the whole of his force.
■ The general at the same time
; declaring that he had then an op*
j portunity of repelling the charges
0$ his beinjr a pensioner of the
! Spanish government, were hr
■ to consult hi* private interests in
j preference to ihe welfare of his
: country. Yielding, however, to
| the dictate* of his patriotism, he
[ had with a magnanimity for
v.diich iie took praise lo himself,
recalled the reinforcements des
tined tor the ports at tile head oi
tiie Mobile, and prevented his
government from being imme
diately involved ta the hoirors
of warfare.
Intra Sofa letter from St. Pierres, (Mart.}
dated .ip’ it in received at AhilaJAphij.
This place seems rapidly ap
proaching a state of starvation ;
and there is no doubt in a few
days there will be a general de
mand. At present every, thing,
except flour is on the rise. Fish
is at Iti dollars per cv/t.—none
at market. Provisions general
ly getting in demand. Our road
seems almost deserted. Only 6
or 7 vessels in port, and neatly
all ready to Rail.”
“patriot.”
SA\ AN VJH, Jnnc 1.5, 1807
U\ hwe been favoured with CharJcfton
Pipers of ttic toihby capt. iirowu, nf the
ll t>p Republican, v/!io arrived yc lie relay
evening, in JO hours from CharJeftori—
They contain nothing new r interesting.
Genera) Wilkinson, and Johh Gra
rtaMjSsq Secretary of the .state of Loui
siana, with a nu.nber of officers, passci
the Mavanna'i on the 30th uit. on board 1
the United States Schooner Revenqi,
, Lieutenant P.rrn, for Richmond, in Vir
-1 ginia ; to which p'acc they had been lum
j mooed as witmfsea on the trial of Colonel
1 Burr. — The Revenge anchored about tw#
I hours to get forme fruit and water,hut Gen.
Wilkinson did not g on (bore
Cbfitlcftun Courier
| Since preparing our paper for tne p-efa,
we h-ive seen a letter from Richmond dared
; Wednrffay evening which fays,* 1 Gen.E.i-
I ton has hern infuhed, and tiie coujeciure
! is, thar f./mrlliim* of a ferioim incur*? wdl
I tike place, as so on a? the storm of Bu.r’a
| trial ; over.”
| The fam i letter mentions, that forty wit
j nefles oa behalf of Burr, attend court from
day to .—-Pctetjimrtr paper.
CHEVALIER DK FORONDA,
Coniul General of h : s Cathtlic
M’jetty, Jar the U. States, hits
j’ist received a letter from the !
L'tcndnnt of Ilantinnu, dated
the With day of April last, in
which fie mentions ‘he following:
“ Hitherto l have permitted
frt in a motive of equity, certain
articles, which some of the Cap
tains of vessels and others from
the United States have brought
here, to he entered under the de
nomination of ship stores, and
private adventures ; but as thi*
has been repeated so often under
this pretext, l do hereby declare
that such articles arriving here,
and not included in the respec
tive invoices, certified bvone oi
the consuls of his Catholic Ala j
je&ty, will, agreeably to former
orders,already published, be con
fiscated.”
We underlland that the Pre
f’dcrit hat jult received a letter
Loin the Liey of Funis, couch
ed 111 terms of friendibip to
waids the U. Stale*, and that
information by the lame op
portunity, was received at the
department of Ita'.e ftoui Col.
Lear, ol las having effected an
.! ctifire adjul!!": !!: nf c t;r dll’
j feretices with the iVv
j jSAtijita! Lkte'Upcncer.
General Fo| . .t Todd, <jpn-
Wi'lifltn RtiiT-1, and n
Jordan, jtin. c r n. have been F'll>-
prenaed as wiroelses on : 1 jctri
.'d of Burr. r [ hole ttentlcmen
fi ft I.cxington on h iiday eveti
i"? ‘ a W- Lex. pap. May 15.
Marine Intelligence,
****"*~**m**t. ,
Purl Ot n/etfen
Oitiv.l xrf'axhl, cpt. bnnee fp.nfc.
J i’ Mar ” Antoinette, Brand <?8
Irom Rt. for * for Alrx mlrH, having la
l'onrd part ot tl.e crrws ot f„ llr v.llVl,
raptured by French privueer, V ; Z T
tir.fi Arj:i. Bower* fr. m Providence It
T for J.ma.ea; f. hr. , Kite!.,’ , f
New-\ork; and two Bermudian Hoods
bound .0 Baltimore and Bliil ide'nhia ‘
The United jutes’ fri K , te 0> Wtimtion.
Cap Campbell, ■,. fp„k’r March l 9 ,„ff
StljTiers—Col I,car was on beard
The rh'p Wenora. Tart,.. ,i.. y , fr ,. nl
Am'lernam, is arrived ar Haiti .lore I est
th ; p Hardware end Clyde, of New.Y.nk
b'lfi Isahella, of and from I’liilad a ’
Norfolk brig, captain Edward.; no other
; American. At tiie mop.lmfthe chan
nel, about the I.uh April, f;> ke a friyate,
whoinfcrin.-d, that af>->i> the pin, flic had
1 laden in wit * tiie fsiip I.optp, of Yc-tV
j fts.m Char'eflon for Amflerdam, fo'leaky’
■ that both pumps w-re going; ihe was ac-
I comptrued In- a hrip bn, !ne j lo j-jup for t)l{ ,
j purpose of taki i(; otf the people i„ C) r e
tof necelTit-—they were endeavonr iiy to
make the ft. ft p .rt P.-fT rl the Oiip JUnsr,
of Providence, H I. in the firei K ht. ofD.,-
I ver, ff m Charlcflnn for Amflerd-m- hart
I two of her men prefTcd: fapt. IV report*
I that aimed every v-fii-l direct for Amfler
dam is carried into (ome port of England.
_aPRffi,WW jy „
J -NLW-YOUK and'"^
\ SAVANNAH, $
BOOT If SHOE .STORE, s
Just deceived'''*
Per brig Luna,
A HANDSOME Assortment
Boots and Shoes ,
viz .
F.ur top back strap Boots,
16am do do.
Sn narrow jo.
Bovs do do.’
Ladies S,lk, Safr;„,A4, lve t Ki( ,
rn oroc t: o Hi i j
I Misses Slippers & ClfiJdrens Shoes.
I fxc.&c. *
> Which in addition totheir former
: supp.ms, makes their assorimrnt
I verv extensive, which are r.lfered
j ;it n j ,l " ce(j Prices, 00 the Bay,
i n '' ir 'y o Pl ,o sue the Exchange.
A - SCRIBNER Ben
June 15 ft|
New Drug and
Medicine Store,
On the Rai), opposite the Ex
change, next door to Mr. A
j Scribner.
| Hr* J. B. Berlhelot,
I LSPIiC FFUI.LY inform,
j J V his friends and the public,
j that lie has just received a ct-m
----[ l'-.’”' 5 a,, 0 haiidsotise assortment
! of all kinds of
1
Drugs, Patent and o
ther Medicine,
And intends keeping a Stock 0 f
Me best and freshest Artieles i,
Ins line; wholesale aid reta.l, on
reasonable term*—Orders lor
shipping and for else country, )jl;t
on the lowest terms.
lie oders his services as a
PHVSICI vN. and from his io (te .
rrncncc in the Art, hopes ,0
meet wim success in the cures he
will undertake — He is j„ p os . SL . s .
smn of asp-cal remedy against
/ crcreed Complaints, which re
quires no regimen of diet, and
winch may be taken at anv tune
whatever, without ar-r danger
l,f ac ‘ :,de " ,s - i( *’ >‘!so’ possesses
•m excellent lye-Water, t: f
which tiie great enic.icv h.i S been
-o successßiily experienced in S’.
Domingo, tiut ce could , so t ai.-
siver tiie demands for it there,
A!at J 11: 5 1 gr
Apprentices Inden
tures for sale at this of
fice.