SAVAV ST All :—v\ INTEDAWD published on- Mondays and Thursdays rjr DOUGHERTY and CARMONT, oiitficll.it/, nearly opposite the Exchange.
vol. nr. No. 70.]
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■ Of l tbifitfi ‘Tvciday im Augufi ntt/t„
WILL BE SOLD,
Mlht tourt-iouf: in lit tc-wn ts , e~
JACK, * negro fellow, old 11 the pro
property of Anthony Suari, t the
It of B. Brown.
|A negro woman named ELSY; fold ?.
V property of S. \V. Moors, at the- suit
I Asa Lachrop,— Condition j Caji.
D. G. JONES, s. C. C.
min 1. fg 1m
1 Sheriff s Sales,
■ On the first / uesday in August
1 WILL BE SOLD,
H? the court-house in the town of
ll Jefferson, Camden county, be
\Wwecn the hours of ten and th> ec
o'clock, the following property,
■fl.M, Cudjoe, Frederick, Will,
■ Frank, Somba, Violet, Juba,
Hre, Sully, Mary, Diere, Lydia,
Yamma, Cominiasa, Q.ua-
Hy, Mobita, Cooly and Commis-
H; levied on and sold as the pro
fttrty of Mrs. Martha \V. Niglit
■gale, on a Mortgage duly fore
st! ed in favor of Richard O’Doii
■l, 29th May, I*o7, Conditi-
Bs of sale Cash.
I D. G. JONES, S. C. C:
■June 3. J3 2m
in Camden JaiL
TWO Runaway Negroes,
e ar> African born, calls himself
OM, he is a s!i n fellow,
tween 25 and 30 years of ages
e other a country born, calls
Riself PETER, a stout, well
t fellow, nearlv the same age.
£5.0. JONES, S. C. C,
June 4. 53 ts
Note—These ICegrocs were
vertised bv Robert Powers, Es
lire, late of M'lntosh county, in
Charleston paper, (The Times)
‘I in the Georgia Republican.
Sheriff's Stiles .
ii the first Tuesday in August
next, at the town of Jefferson ,
between the hours nj ten A three
*dock of that day,
WILL BE SOLD,
\ LL that Ci rlaiu tract of land
X situate, lying and being on
e Great Satilla river, just below
* burnt Fort, containing 1150
res, originaily granted to her- i
‘Hud O’Neal; levied on as the j
uperty of Nathan Powell, to j
; ‘sty a judgment obtained in
r °r of Joseph Livingston.
Conditions of sale Lush.
D. is. C. C. |
bounty, June r *.
TAI lEN 1 ION ‘ ; -P8 |
‘'hK PKINiF.RS of Savannah arc
■ hereby mjtilicd that t,iC Sublcribcr
lot pay any linl rendered him, for
U tUy produce ins Ljlt.r of Jbirefiijiu.
, V.d. JUNeS.
*• Mary'* June 4. 5S iru
OiV the first Tuesday in August
next between t't* hours oj ten
three o'clock, at the Court house
in this city,
\ WILL.BE SOLD.
ONE hundred aers* Oak trT Hickory
Land, be the fame more or less, situate a
boat three mile* from Savannah on the
Louifvilie road taken under execution a*
the property of Dr, Benjamin Putnam,
deceased at the suit of the cllate of Jacob
Oneha'fof the Wharf and Building, on
Lyt No. It, in Franklin Ward, adjoining
Caig’s to the calf, and Richard Wayne's to
the weft,levied onto fatiify a mortgage
Poftpendctl from July fate*.
T. ROBERTSON S.C. C.
July 9. CS
■■ ■ - - ■ ■! 1 1., i. ... 1, m ,.
ONtbrfirjl ‘Tiujday in Anrufi mmt,
Will BE SOLD,
At the Court-house in flip city of
Savannah, between the hours of
IO and 3 o'clock.
All that tract of land, situate
about two miles from Savannah
containing 6S acres, being part of
the Fairlawn tract.
The above levied on and sold
as the property of Thomas Nor
All that Lot in Ewinsburgh
Number twenty five, and four
Lots in Savannah Number 16 in
Green Ward, No. 22 in Elbert
Ward St Nos. 5 & 10 in Franklin
Ward, Sold under a foreclosure
of a Mortgage, given by John I.
Gray to John Glass deceased, in
his lifetime, Terms Cash.
Postponed from July Sale,,
T. ROBERTSON, S. C. C.
July 9. 6*
Sheriff ’s Sales,
On the First Tuesday in August
WILL BE SOLD,
At the court- house in the city of
Savannah, between the hours
of 1C and 3 o'clock,
ALL those buildings and
improvements, on the N. W
half part of Lot No. —, Deck
er Wa'd, belonging to the
1 heirs of Philip Minis, der.rafnd
—formerly occupied and own
ed by Maurice LchifF.
A fifty acre lot, known by
! the number 3, the horde at
present occupied by Joseph
Arnold, in Anson Ward
and three lots, being pan of a
five acre lot, adjoining the
lown, formerly belonging to
the tllaie of John Currie, dec.
taken under execution as the
property of |ofeph Arnold, at
iheluits of Benjamin Bully,
surviving copartner and Benj.
Postponed from Julv sales:
T. ROBERTSON, S. C. C
Julv 9. __ SR
At the court-house in the city oj
WILL BE SOLD,
j on the first tuesday in August next
; j,ot No. 5, Moore Tything
j Percivid Ward,with the buildings
i and improvements ; taken in rxe- ,
1 cutioti as tiie property of tile cs- |
j rate of John Wtreat, deceased, j
• to satisfy a judgment in favor of j
• Owtn Owens.
! Postponed from Julv isales-
T. ROBER TSON, s. c. c.
July J. ff_
Blank Biils of Safe
For Sals r.‘ Tin Office
THURSDAY, July 16, 1807.
TRIAL OFCOL. BURR,
FfDERAL COj>RT—* icvmokd.-
Proceedings introductory to the
Mr. Hay. My irnlv wish is
that this prosecution should be re
gularly conducted, Is not the u
sual practice to read the indict
ment first, and then move for the
Mr. Burr. I vill say that I
have been furnished with a copy
of the indictment; that I have
perused it ; and that I plead not
guilty to it.
Mr. Wirt. -The usual form re
quires the actual arraignment of
the prisoner ; however the court
may dispense vhh it, if they think
Mr. Hav was indifferent about
the form ; if the law could be sub
stantially executed. He suppos
ed that a simple acknowledge
ment of the prisoner was sulfi
cient.without the customary form
of holding up his hand ike.
Chief Justice. It is enough,
if he appear to the indictment, h.
plead not guilty.
1 he clerk then read the indict
ment against Aaror. Burr for trea
son against the United States—
which specifies the place of the
Overt Act, to be at Blannerlias.
set ’s Island ; and the time the
10:h day of December, 1806.
When he had concluded, Mr.
Burr addressed the court. “ 1
acknowledge myself to Ue the per
son named in the Indictment 1 i
plead not guilty ; aud put myself
upon lav country for trial.”
Mr. flay then addressed the
court oa the Venire that was to
try- the isssue between the prison
er aud the United States. There
was an apparent incompatibility
on this point between the 29t!l
sec. of the act of Congress, aud
thvSth amendmenttothe Constitu
tion. It ws uot certain that this
act was in foicc. it was passed
on the 24th Sept. 17&9, and it
provides that in cases punisha
ble with death, the trial shall be
had in the county wnerc the of
fence was committed, or wnerc
ittat cannot be douc without great
inconvenience, twelve Jurors at
l<A3t shall be summoned from
thence.”—-bub.n quint to mis,
a Constitutional provision was
made, requiting that the trial
shall be held ba.occ “au impar
tial jury of the state anu disuict
wherein the ciiine shun have been
committed.”—ii then iui law i
in lorce, there must be 12 Teiit
Jury men summoned from Vvuoel
couuiy, which would nn.ko u liu
j ossibte to Lave me trial at an
early clay. Here then was ihe
difficult). ihe act was passeu
in 89 : the amendments 10 the
Constitution we c not laluied be
fore the IjUt Dee. 1791 ; Does
men the Constitution icpcal this
law ? Had this fi.ll amendment.
lomijcU an Coiginai pan ol lire
consiHuliou, no rnoie would have
been requisite than an m.pauiai
jury trorn the stale and Uistuei
where the crane was commiucd
flad Coitgress men procecdcti to.
pass this law with me constituti
on thus would u uot be consider
ed as a violation f Had it then a
ny lotce at Hus einic t
.dr. M*Rae quoted the 2d vol.
of the act ol Congress p, 2e(j see.
3. to show that cue Ist Caw was
ccnsiticicd to he in I>j<cv, not
vvitfisiahding this amendmetu to
due Chief justice had no ditli
cuity on tue sunjeet. xdc saw au j
incompatibilitv between the Law
and the Constitution. He had no
doubt that the law’ wa* still in
Mr. Barr had not considered
the q lestion maturely ; but at
present saw no inconsistency be
tween them : However, ns this
law was most probably intended
for the benefit of the accused, he
consented to wave the. right.
Mr. Wirt. But there is ano
ther consideration, Sir. Can con
sent take away the error l In
Scotland, in the celebrated’case
of Kmlaw, he consented to draw
one of the jurymen, and after
wards pleaded this error in bar of
judgement. After a long and c
laborate argument, the court re
jected his plea, though there was
a division among them.
Mr. Martin, lu that case, (<*r
what is the same, Weddiburn’s
case) there was but one dissenti
Mr. Hay. In the case of Har
dy or “Took ; a question was made
whether the Jury must he kept
together during that long trial.
Though die prisoner at the bar
consented to the proposition, the
court nevertheless instructed the
slierkf to keep them together.
Mr. Botts protested against the
delay and inconveniences which
would ensue from summoning
the Venire from Wood County.
He an imadvvrted upon the case*
of Kinlaw, Hardy and Fries ; and
suggested several ideas respect
ing the doctrine of challenge.
The Chief Justice believed that
the provision was not absolutely
obligatory, if both parties would
wave the rignt: hut it wa* a* much
■ so if the U. States insisted upon
the right as and the prisoner him
self had duue so. If the U. States
insisted upou it execution, the
law must be executed unless
there was sufficient evidence
to satisfy the court that such
a measure would violate the
amendment to the constitution,
which lequires a trial to be held
by an impartial jury. UnUss
both sides therefore consented,
it was hia opiniou that the court
was bo*nd by’ this law.
Mr. Hay felt no disposition to
delay the trial; but he could not
think of pledging luiuselt to such
a measure without delibera
tion . He would consult with the
gen tie men associated with him,
on this point; and would inform
the court oi itie result.
1 fie counsel tor the prosecution
then reined from the bar and alter
a tew minutes consultation, Air.
Hay informed the court, that Uicy
could not assume the responsibili
ty ot consenting to such a propo
sition ; ttie law seemed to be im
perative m us language “ twelve
petit jurois at lea.t shall be sum
muncu.” He must therefore rc
q itst the court to direct a Venire
ui 12 men at least tube summon
ed lrom Wood County-
The Cmer Justice enquired !
what number should be summon
ed l —Ditlcicm numbers weic
named and there appealed to have
been a great ddicrence 111 Uie
practice. she common Law re
quires 48 ; aud casts wehc cited
wnerc not less limn bU or 72
jurors had been summoned.
‘1 he court finally decided that
the entry houul ue made lor a j
Venire ol 48jurois, 12 o! whom j
at least Were to ue summoned •
lrom Wood county. i
A long and desultory conver
sation ensued upon the lime when
this process was to be made re.
tumaOic/ or iu other words, when
the tuai 111 chief wa* to com- t
UtcnCe. home contended that 20
u-;,s would be suificieut :o nests J
£ Whole Number 27c.
the Venire in Wood county; °-
thei9 that 3> would be necessary,
dhe general opinion seemed to
be in favor of the Ist Monday in
August. The C. J. would have
; preferred the shoi rest possible
day in consideration of the ex
pence and inconvenience which
would result from the delay ; un
less indeed more important cir
cumstances should have recom
mended a longer period ; such a
the nrc ssity and advantage of
obtaining witnesses from distant
j parts of die country.
‘The court, however rose with,
, out assigning any particular pet i
-1 od . Ihe decision lays over until
I this day. Ihe orders were to be
j made out for summoning A V:-
j nire,and the times of the return
j he lelc blank. 1 hese blanks
are to he filled up this Jay, (Sa
Mr. Hay informed the ,courC
that the Clerk was doubtful whe
ther the parties last indicted
should be brought before the
court, by a Capias or summons.
He should now move for a Ca
pias— Ihe Chiel Justice replied
tlieie could be no difficulty on the
Capt. Briggs, arrived at Citv
l Point, has just favoured us with
the following account of the cap
ture and re-capture of his ves
sel, which we hasten to lay be
fore our readers. In times hki
the present, information of ihia
nature will afford to every Ame
rican, some little gratification.
* ,ie schooner Liuerpriiee,capt.
John Briggs, sailed tr,, :n p orto .
Rico, humid lor ilfafiimore, on
the 7th oi this m&Ah, loaded with
j coffee, sugar, hides, he. On the
1 9th, in the afternoon, was bro’t
to bythe British f r i gaie D*dalus,
capt. Warren, who sent onboard
ms first lieutenant, to examine
capt. B s papers. Af, e r examina
tion, the licut. declared he should
send the ichooncr l 0 Jamaica, a*
lawful price-—he then took all
capt. B s papers, except the re
gister, which ht left through
j mistake; lie a | so left by m ,;_
! tare, the mate a .ui one man—put
I on tjoarct * P r ize -master ami four
j nun Wltl * or ders to t h u prizc
l ma V Cr C ° kee P *> company with
t lhc if any accident
should happen, to proceed to the
: island ot Mona. The schooner
j kept in comany for two days ; 6c
un ibe tnird „ight VVHs retaken by
cape. Brigg., with the assistance
ut two men. Alter securing the
pri4*>ma*ter ail d men, capt. ii.
time away Baltimore ; but
wnen oil Cape-Henry, perceiving
several British men ol war, auu
apprehensive 0 f being molested,
changed hts destinatioo, and ar
rived m City Point on Saturday
last. The third day after retaking
the vessel, the British lieutenant.
(prize-master) was put on board
ao American achr. from Charles
ton bound to J tmaica ; ihe niea
also would have been put on boarc.
but the captain ol the schooner
refused to take them, ‘ihe lour
British seamen arc now in the
Liucrpnzt, ut City Point; atm
we hope will be letaintd until
those taken from ihe Chesapeake
arc returned te> the American go
Ine Daedalus, at the time ox
the capture of cnot. Bt vessel
had in possession me s.ur. Bet.
* ->, capt. Hughes, Ii oin Pfnladel
plita, UuulKl iu Os J ago dr. CuOu,
vuh a Valuable cm go.
The blockading squadron in
the bay, it is sum,slops every ves
sel going out, .Hid 11/O'.l tfl.Ui of