The Patriot and commercial advertiser. (Savannah, Ga.) 1806-1807, July 09, 1807, Image 1

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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-