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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.