The Patriot and commercial advertiser. (Savannah, Ga.) 1806-1807, July 09, 1807, Image 1
SAVANNAH. printed am i) published on Mondays and Thursdays by DOUGHERTY and CAUMONT, O/I the Bay, neaM^ofipovile'the Exchange’
■’ rr- n zaxuKin^e.
VOL. 111. No. 68.]
T E It M S
OF THE
P A TIUOT
and
COMMERCIAL ADVERTISER.
Terms hf subscription arc six
dollars a year—one half to be
mid at the time of subscribing and
the remainder at. the expiration of
sir months—and all papers ’hill be
esntinued until ordered to the con •
Iran/.
Advertisements of no more
length than breadth are inserted at
50 cents, for the first insertion, and
25 for each continuation. A li
beral allowance will be made to
those who wish to advertise by the
year.
Sheriff’s Sa'es.
On the fir ft “Tuesday in Auvufl next.
will be sold,
At tie court-boufe in tit to-.ui i of J offer Jon , Cum
dm County ,
JACK, a negro fellow, sold as the pro
property of Anthony Suaris, at the
fuitof H. Brown.
ALSO,
A negro woman named ELSY; fold as
the property of S. W, Moors, at the suit
of AfiLathrop. —Conditions Cujh.
D. G. JONES, S. C. C.
July 2. 66 lm
Sheriff's Sales ,
On the first Tuesday; in August
next,
WILL BE SOLD,
Alike court-house in the town of
Jefferson, Camden county, be
tween the hours of ten and three
o'clock, the following property,
viz.
JIM, Cudjoe, Freclarirlr. Will,
Frank, Somba, Violet, Juba,
Sere, Sully, Mary, Diere, Lydia,
Mama, Yanima, Commissa, Qua*
shy, Mobita, Cooly and Comnns
sa; levied on and soid as the pro
perty of -Mrs. Martha W. Night
ingale, on a Mortgage duly lore
closed in favor of Richard O’Don
ntl, 29th May, 1807. Conditi
ons of sale Cash.
D. G. JONES, S. C. C:
June 3. 53 2m
Now in Camden Jail.
TW O R unaway Negroes,
one an African born, calls himself
TOM, lie is a tall, slim fellow,
between 25 and ;jo trars of ages
the other a country born, calls
himself PETER, t stout, well
set fellow, nearly the same age.
D. G. JONES, S. C. C.
June 4. 53 ts
Note—These Negroes were
advertised bv Robert Powers, Es
■‘l'iire, late of MTntosli county, in
a Charleston paper, (The'l'imes)
ami in the Georgia Republican.
Sheriff's Sales.
On the first Tuesday in August
next, at the town of Jefferson ,
between the hours of ten A three
o'clock of that day,
WILL BE SOLD,
ALL that certain tract of land
situate, lying and being on
‘he Great Satilia river’, just below
’ n e Burnt Fort, containing 11.50
acres, originally granted to Fer
dinand O’Neal; levied on as tile
property of Nathan Powell, to
Miibjy a judgment obtained in
ldV,, r of Joseph Livingston.
Conditio,, s of sale Cush.
JOSEPH CREW'S,
.. D. S. C. C.
OmJ in iounly, Juno ,j.
f t ATTENTION ! ! -C$
THE PRINTERS of Savannah are
hereby notified that the Subscriber
*’ no t pay any Bill rendered him, for
i publilbed by them,
Ut “ ‘hey produce his Letter'of Direction,.
r , „ D.G. JONES.
• Mar y’ June 4. si tm
THE PATRIOT
AND
cOM ME R CIA LADY, E R TIS ER,
TRIAL OF COL. RUHR,
Continued.
Fe.DF.RAL COURT—Richmond;
Wednesday. Tune 1 7.
Mr. Durr. There will arise fomc very
important questions, cffnftiug the very
sources of the jurilprudenee of this coun
try. 1 have several adi lavits to produce,
to fhsw that improper means have been
Used to contain Date the public justice
When th ‘fe proofs have been duly etthi
ted, it will be the pr-vine* of the Court
to decide, whether they will not lay their
hands uooti such evidenee.
Mr Both. I r.fe to a pprtie theoppofite
touufelthat there'are three or fourqtit (lions
of confiderahle importance, w ,icli we tha'l
bring forward at foot, at pofliole. Two or
three days ago 1 communed upon the
plunder of the Poft-Ofli:e; and ! allure
the counsel for the profecutiou that 1 th ill
probe that fubjedk to tlie bottom; as no
man can be m .re anxious than myfelf that
the odium which this tranfadlio.i attaches
totlie iuferioror thcfuperiorofßcers of ttie
government, fltould be wined oft. Asa
private citizen, or as counsel f >r my client,
I Hull be fmccrcly pleased with a fit op
portunity of retraining the exprelE.ms
which I have employed. The court will
at once perceive the neccflity of going into
this enquiry at a very carly pcriod; for if
the officers of government have hitherto
broken open letters from Col. Burr, they
may hereafter resort tithe very fame ex
pedient; aud by thus obflrudling the very
medium of communication, may prevent
him from summoning witnesses and pre
paring fair his defence. One more remark!
Yeflcrday I underltood Mr Hay to charge
us with having made certain infinuatioiu
against perf us not adtually named. He
demanded why we had not forborne thefc
charges, until we were prepared to sup
port them. That remark, fir, (truck me
with peculiar force. 1 was of the fame o
pinion, that fome proof ought to be pro
duced; I immediately rose and profeiTed
my wiflies to go into an inveftigationof the
case. But, fir, little did! expedt that the
gentleman would have proceeded fto have
juftified these crimes. Little did I expedl
that fuel! iraihaevtou- | r j
have been blazoned into mighty virtues, or
that it would have ever been maintained
in this Court, that the person who had
failed to plunder the Pod Offices, would
have beeti guilty of a dereliction of their
duty. I wish, fir, to explore the Pofl-Of
fice laws, to fee whether they do not con
tain fome provision, pro hi hi ting the intro
duction of.teltimony thus illegally obtain
ed.
Clif Juflite, Unlcfs these allegations
affected fome teflimony that was about to
be delivered; how can you introduce this
iubjeclf
At this time the Marfiiall entered;
and soon after, Mr, Hay informed the
Court, thitCcl. Morgan was at that time
before tlie grand jury, and they had sent
for a letter from A 4 Burr to him. Should
the letter (holding it ia his hand) be sent
to the grand jury?
Mr. Both reqttefied to fee it. Here, laid
he, is a small piece of newlpaper attached
to it, which cu/lit not to accompany it
before the grand jury.
Mr. Durr. I have no objection that any
of my letters fltould be sent bp; but I trust
fir, it will be leparated from this bit of a
ncwfpaper, and this comment which Mr.
Morgan has attached to it.
The letter was handed to the Chief Jus
tice, who obfetved t'uit the only ufeof the
newspaper was to fiiew that at that time
col. Burr was at Pitfburg.
Mr Hay said it was nothing more than
to refrefh his memory.
The Chief JuJlico decided that it was
right to diifcver it from the letter: Trie
ncwfpaper itfclf was no evidence; hut if
col Morvan would wish it to refrefh his
memory, there could be no objection. They
were accordingly separated, and then both
of them were delivered into the hands of
the Mar ffialh
Wednesday, June 24.
About i o’clock tlie grand jury entered,
ar.d Mr Randolph addrelfed the court —
*• May it please the court! We have agreed
upon faveral indictments;” which he hand
ed in at the Clerk’s table. The Clerk 1 ead
the mdorfcineots upon them in the follow
ing terms.
An Indidlment againfl Aaron Burr lor
Treason. —“ A ‘True Bill.”
Ail ludiiftimnt againfl Aaron Burr for a
Mifdcrheanor. —“A True hill. ’
An ludidlmeut againfl Herman Blanner
hafi'et for Treason—“ A True hill. ’
An Indictment againfl H. Bl.uinerhafTet
for a misdemeanor. — A True Bill. ’
Mr. Randolph then continued: May it
p!cafe the Court! Although the Grand ju
ry have returned the bill., ihey have Hill
ether fubjcdls lor their confi jerati u, and
have adjourned themselves to meet to-mor
row at to o’clock.
A ffi irt (line elapsed. when Mr. Burr
addrelTed the court: As hills had been
found against him, it was probable the
public profec.itor would move for his com
mitment; he w u'd, however, fuggclt two
ideas for the gynlioeraiiou o’, .lie court—
l II U R S D AY, July 9, 807.
the one was, that it was within their dis
cretion to bail in certain cases, even when
the puniflimeat was death: And the other
was, that it wis expedient for the court to
exercise their diferetion in the present in
(lance, as heffionld prove that the indict
ment againfl him had been obtained by
perjury.
[Mr. Hay moved for the eommitmen
of A. Burr—.after argument, the Chit
Juflice decided in favor of the motion, xul
he was accordingly committed.)
Thursday , June 25.
The Grand. Jury entered, and Mr. Ran
dolph, the Foreman, iufsrmcd the court,
that they had agreed upon forae Present
ments, which he then delivered into the
hands of the clerk. The eierk read as
follows:
The Grand Inquefl of the United States,
for thediilridl of Virginia, upon its oath
p'cfents, that Jonathan Dayton, late a Se
nator in the Congrcfs cf the United Statu
from the (late of New-Jersey, John Smith,
a Senator in the Congress of the Uuited
Stales from the (late of Ohio, Comfort
Tyler, late of the ft te of Nevv-York, Israel
Smith, late of the Hate f New Yoik, and
David Fiovd late of the territory of In ti -
ana, arc gui'ty of Treason agnnfl the U.
States in levying war against the fame, to
wit, at Blannerhaftett’s ifhud, in the
county of Wood and Hate of Virginia, on
the 13th day of December, 1806.
Ufen the information of
William Eaton, Erick Bollman. Petrr
Taylor; Jacob Albright, Charles Willie,
John Graham, Samuel Swartwout, George
Morgan, John Morgan. Thomas Morgan,
Elias Glover, D. Woodbridgc, jr, David
C. Wallace, Edmuud B Dana, John G.
Henderson, Alexander Henderson, James
Wilkinson, Hugh Phelps, Jacob Dunbaugh,
John Monholland, Chandler Lindflev, Jas.
Knox, William Lore, Thomas Hartly,
Stephen Welch, James Kinny, Sam. Mox
ley, David T'ilk, and B. H. Latrobc.
JOHN RANDOLPH.
Tlie grand jury, continued Mr. R. have
no fartheriprefcntments to make, lie then
delivered two papers which they had re
ceived from'the court; the one was a cypher
ed letter, addrelfed to H. Winbourn; the
other was the letter to col. Morgan.
The Chis JufiUe. Mr. Attorney, have
you any thing more for the grand jury?—
sit- ... t 1 11 ;,wi;s>mcnts rea
dy to be laid before them to morrow.—Mr.
Taylor (from Norfolk.) Is it not cuftoms
ry for the attorney to file information up
on these preferments’ Is there any He
redity for detaining the jury? Some oh
jedtion was made.—Mr. Randolph. May
not the bills be laid before another grand
jury, as the parties prelented arc not now
in cuftody?—Mr. Hay. That comfc would
he productive of great inconvenicne. All
the wituefles are now here; and they will
not, perhaps, appear before another grand
jury, aud the present jury is already in pof
fcfiion of ail the evidence.
Mr. Randolph had hoped that ther
would he difeharged; he was not anxious
on his own account, hut there was one of
the jury peculiarly and delicately fituatrd,
who wifiied to return to his family.—Mr.
Tavlor obfervedto the court that a circum
stance ofa very afflicting domcftic oature
made hint peculiarly anxious to return home.
Mr.Hay was extremely sorry that he could
not gratify tlie wifliesof the jury; but the
interests of the United States forbade him.
He would have the indictments ready at
any hour in the morning that the jury
wonld name.
Nine o’clock was mentioned, and the ju
ry were adjourned to that hour.
Friday , June 26.
The court met at 9 o’clock. About Jo
the gr;p<s jury entered, aud Mr. Randolph
presented to the clerk ten different indict
ments; five of them for Treason, against
Jonathan Dayton, John Smith, Comfort
Tyler, Israel Smith and David I'loyd; and
five for * mifdeineanor against the lame
individuals respectively.
The Chief JuJlict then addressed the ju
ry, and in fervid and elegant terms com
plimented them upon the patience and at
tention with which they had periormed
their duties; and concluded by difeharging
them from all further attendance.
The court then adjourned till li p’clock,
When it had re-affcmbled, Mr. Butts re
quested the court to remove Mr. Burr
front the public jail to fonre comfortable
ar.d convenient place of confinenjent. ;
‘Flic grounds of this nation are to he ,
found in the following affidavit, made by ;
fome of Mr. Burr’s counsel, and laid be- j
fore the court.
We, who are counsel in the defence of !
Col. Aaron Burr, at the suit of theU. S. j
beg leave to reprclcnt to the court, that 11. j
purl nance of our duly to him, we [tave j
visited him in his confinement in thelcity |
jail; that we could not avoid remarling |
the danger which will nioft probably rtfult 1
to his health; from the finuation, incmlv - j
nieuces and circumflauces attending jhe j
place of his confinement; but we canfot j
forbear to declare our convidlion, thatlyc
ourfclves, cannot freely and lully pcrfoitn ,
what we have undertaken for his d< fcr.o ,
if he remains in the jail afortfaid, depi if
cd, as he is, of a room to himfelt; it btijg
fcarceiy poffilily for 11s to confnlt with hjn
upon the various neceffarv occasions whijh
mu ft Occur; ft *>-’ all winch wt hi icfc, 1
that he will he deprived of that assistance
from the counsel which is given to him
by the constitution of United States; unless
he be removed
EDMUND RANDOLPH,
|OHN WICKHAM,
BENJAMIN BOTTS.
Sworn torn often Court 1", CJm.
Band Ifth; John IVickham
and Benjamin Bitti Jjjr'i,
Juue iirtb, 1807.
\V M. M A RSH ATT., Cllt.
Th* Connfcl for tbc prosecution were
perfectly silent on tlie motion After a
long and defuftory argument by Mr. Burr’s
counsel, the court determined that the pri
soner ihould be removed to his f -roier
lodging- near the capitol, provided they
con'd be made fufficiently strong for his
fafe keeping.
Mr. Latrohs, Surveyor of the Public
Buildings of tlm u. s requeued to
infpedl them; and upon his report, the
court paffcdtiie finlmving order:
Whereupon, i: is ordered,that the Mar
flrsl of this Diflridl do canfe the front room
ot the houfenowoccupic 1 by I.uther Mar
tin, efq. which room has been, & i, us and as
a dining room, to he prep .red for the re
ception and fafe keeping of Col. Aaron
Burr, by securing the ffiutters to the win.
dows of the said room by bars, the door
by a strong bar or pad-lock. And that he
employ a guard of seven men to be placed
on the floor of the adjoining, unfinillied
house. and on the fame story with the be
fore deferibed front room, and alf > at the
dor opening into the said front room; and
upon til. Marflial’s reporting to the court
that the said room has been so fitted up,
and the guard employed, that then the said
Marflial be directed, and he is hereby di
reifted, to remove to the said room the bo
dy of the laid Aaron Burr from the public
jail, there to be by him fafely kept.
Foreign Intelligence.
From the London Gazette.
Roy si George t ef ConJhjntir.cfle , Lti. il, 1807.
My Lord;
I had the honor of transmit
ting to your lordship, by the late
fust liuutenant of the Aj lx, the
various details relating to the
transactions of the squadron till
the 27th uL.—Your lordship will
from thence have been infirm ed
of my resolution, of passing the
Dardanelles the hist lair wind.
A fine wind from the southward
permitted me to carry it into ef
fect on the 19th.
Information had been given
me by his majesty's minister,
Mr. Arbuthnot, and Sir Thomas
Louis, that tlie Turkish fequad
ron, consisting of a 64 gun ship,
four frigates, and several cor.
vettes, had been lor some time
at anchor within the inner castle
and conceiving it possible they
might have remained there,l had
given ordets to rear Admiral Sir
Sydney Smith to bring up with
the Thunderer, Standard, and
Active, and destroy them,should
our passage be opposed.
At a quarter before nine o’clock
the whole ol the squadron had
passed the outer castles, without
having returned a shot to their
tire, which occasioned but little
injury, i his forbearance ivas
ptoduced by the desire of his ma
jesty’s minister, o . rcssed t<>
preserve every appearance of
amity, that he might negotiate
with the strongest proof of the
pacitic disposition of our so
vereign towards tlie Porte ; a se
cond battery on the European
side, fired also with as little ef
fect. At half past nine o’clock,
the Canopus, which on account
of btr A homus Louis’s know
ledge of the channel, joined to
the steady gallantry which i had
before expet ienccd, had been ap
pointed to lead, entered the nar
row passage of Sestos and Abi
des, and sustained a heavy can
nonade it om both casnes, within
, nut-blank shot of each cither,
f hey opened the lire upon our
ships a> they* continued to pats
in succession, although I was
happy in obsciving the very tpt
rttctl return it met with had so
considerably diminished its force
[Whole Number 268.
that the effect on the sternmosS
ships could not have been so se
vere.
Immediately to the N. E. of
the castles, and between them
and point Pe’quies, in which a
formidable battery had becu
newly erected, the small squad
ron which I have already alluded
to were at anchor. ’) he van di
vision of otir squadron gave them
the; lit ti irlsides as they passed
and Sir Sidney Smith, with his
division, closed into the midst,
ami the effect of the fire was such,
that in half an hour tlie J'uiki
had all ilwir cables cut to run on
shore. The object of the rear
Admiral was to destroy them
winch was most rapid!;/ effected ;
as in less than four hours tile
whole of them had exploded, ex
cept a small coi vrtte and a gun
boat, which u was thought ’pro
per to preserve. I inclose to
your lordship a statement of
their number, and when [ add al
so an account of the loss his ma
jesty’s ships have sustained, I
cannot help express ing mv satis
faction that we have suffered so
slightly /as had any of their stone
shot, some ol which exceeded
eight hundred weight, m ide sued
abtench between wind and water,
aa they have done in our sides,
the ship nm,t have sunk ; or had
iney struck a lower rn.tst in the
ctaitie, it must evidently have
been cut in two ; in the rigging
100 no accident occurred that
was so perfectly arranged in
the course ol the next day*.
Inc spriisaii-y ard of tne Royal
George, the gate of the Canopus
and the main-topsail yard of the
Standard, are tlie only spars that
were injured.
It is with peculiar pleasure that
I embrace the opportunity, which
has been at thisunrc afforded, of
heating testimony to the 2eal tsc
distinguished ability of sir Sid*
uty Smith ; die manner in which
he executed the service entrust
ed to him was worthy the repu
tation which he lias long since
justly and generally established.
The terms of approbation tu
which tlie rear admiral tHates
the con luct ot captains
i albot, tfarvey, and iMoubray,
which, from my being under the
necessity of passing the point of
i’esquies before the van could
anchor, he had a greater oppm
-1 (unity of observing than I could
cannot but he highly flattering ;
buts was a more immediate wit
ness to the able and oiftccr-ltke
conduct which captain Moubray
displayed in obedience to my sig
nal, by destroy ing a frigate with
which he hud been more purlieu*
larjy engaged, having driven her
on shore on the European side,
after she had been forced to cut
her cables, from under the fire of
Pompee and 1 hundeter. —•
f he GC having run on shore or,
I’esqnies point, I ordered the
Repulse to work tip and destroy*
her, which captain Legge,in con
junction with the boats of the
i'otnpce, executed with great
promptitude and judgment, ihe
battery on tlie point ot more than
30 guns, which, liad it becu com
pletely finished, was in a position
to have annoyed the squadron
most severely in passing, was
taken possession of by the roj al
marines and boat's crews of the
tear division ; the I uiks having
retiird at their approach, and
the guns wete immediately spik
ed. J his set vice w*B perform*
cd under the. direct! n ol
Nici oil’s, ol the Standard’s AliH
tines, whose .spun auct enter
prise cun never b. donb ed ; but,
as cji t uiasianccs re ruined u tut-