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The Patriot and commercial advertiser. (Savannah, Ga.) 1806-1807, July 16, 1807, Image 1

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SAVAV ST All :—v\ INTEDAWD published on- Mondays and Thursdays rjr DOUGHERTY and CARMONT, oiitficll.it/, nearly opposite the Exchange. vol. nr. No. 70.] TERMS OF THE PATRIOT and ADVERTISER. Terms of subscription are six j lollap.s a year — one half to be Bid at the time o f subscribing and e remainder a* the expiration of ft months—and all papers will be tr tinned until ordered to the con- I ‘try. I Advertisements of no more I ngth than breadth are Inserted at jo cents, for the first insertion, and |s for each continuation. A li hral allowance will be made to fl esc who wish to advertise by the u ’or. Sheriffs Sales. ■ Of l tbifitfi ‘Tvciday im Augufi ntt/t„ WILL BE SOLD, Mlht tourt-iouf: in lit tc-wn ts , e~ din County, JACK, * negro fellow, old 11 the pro property of Anthony Suari, t the It of B. Brown. ALSO, |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 I neat, 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, ■l v?b. ■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. JOSEPH LREvV'S, 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 THE PATRIOT AND COMMERCIAt ADVERTISER. Sheriff's Sales. 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 U’ifcnbakci. A I.SO, 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 duly f&reclofed. Poftpendctl from July fate*. T. ROBERTSON S.C. C. July 9. CS ■■ ■ - - ■ ■! 1 1., i. ... 1, m ,. Sheriff’s Sales. 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 ton, deceased. ALSO, 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 next, 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. Bully, jun. Postponed from Julv sales: T. ROBERTSON, S. C. C Julv 9. __ SR Sheriffs Sales. At the court-house in the city oj Savanna l, 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, Continued — | FfDERAL COj>RT—* icvmokd.- Proceedings introductory to the TRIAL. 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 Venire ! 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 proper. 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 the Cohsttiu-ioh. 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 force. 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 ent judge. 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 turday.) 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 subject. PETERSBURG!!, Juncso. 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 vern incut. 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 ti.e.r tvu.tiv