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The Patriot and commercial advertiser. (Savannah, Ga.) 1806-1807, July 20, 1807, Image 1

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. 1 ixranmmm SA VAN N A It printed and published on Mondays and Thursdays by DOUGHEIiTY and CAIiMONT, oh the By, ncarti, opposite the Exc hun.i r. < VOL. 111. No. 71.] TERMS OF THE PATRIOT and commercial advertiser. Terms of subscription are six collars a year—one half to be paid at the time of subscribing and the cmamder at the expiration of six months—and all papers will be continued until ordered to the con trary. 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 Sales, On theJirJi Tuesday in Augufl n**t % WILL BE SOU), At tbi (Ourt-haufi ii the town of ffejferfon, Cam. den County, JACK, a negro fellow, old a* the pro property of Anthony Suarit, at the fait of fl. Bro wn. ALSO, A negro woman named ELSY; fold as the property of S. W Moors, at the suit af Asa Lathrop.—- Conditions Cajh. D. G. JONES, S. C. C. Ju’y 2. 66 1 m Sheriff's Saks , On the first ‘Tuesday in August next, WILL BE SOLD, At the 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, Frederick Will, Frank, Somba, Violet, Juba, Sere, Sally, Mary, Diere, Lydia, Manta, Yarmn-t, Comtnissa, GJ.ua shy, Mobita, Cooly and Cominis sa; levied qn and sold as the pro perty cl Mrs. Martha W. Night ingale, on a Mortgage duiv fore closed in favor of Richard O’ Don ne!, 29th May, 1807. Conditi ons of sale Cash. D. G. JONES, S. C. C: June 3. 5S 2m Now in Camden Jail. TW O R u naway Negroes, one an African born, calls himself TOM, he is a tall, slim fellow, between 25 and so years of ages the other a country born, culls himself PETER, a stout, weli set fellow, nearly the same age. D. G. JONES, 8. C. C. June 4. 5S ts Note—These Negroes were advertised bv Robert Powers, Es quire, late of M'Jntosh county, in a Charleston paper, (The Times) and in tlie Georgia Republican. Sheriff's Sales. On the first Tuesday in August next, at the town of Jefferson, between the hours oj ten if three o'clock of that day, WILL BE SOLD, ALL that certain tract of land situate, lying and being on the Great Satilla river, just below the Burnt Fort, containing 1150 acres, originally granted to Fer dinand O’Neal; levied on as the property of Nathan Powell, to satisfy a judgment obtained in favor of Joseph Livingston. Conditions o! sale Cash. JOSEPH < HEWS, U. S- C. C. Camden county, June j 62 tA [fjr All Lin 110 NI! -L ‘4i r | HE PRINTERS of Savannah are X hereby notified that the Subscriber will not pay any Bill rendered him, for ADVXRI IsEMENTS, publiilied by them, Unlch they produce his Litter es Uireflim. X). G. JONi-S. St. Mary's June 4. 5S xro THE PATRIOT AND COMMERCIAL ADV E R TIS ER. Sheriff’s Sales. Off the first Tuesday in August next between the hours of ten & three o'clock, at the Court home in this city, WILL BE SOLD. ONE hundred acres Oak Ist Hickory Land, be the fame more or less, Gtuate a bout three miles from Savannah on the Louisville road taken under execution as the property of Dr. Benjamin Putnam, deeeafed at the suit of the etlate of Jacob Wifeubaker. ALSO, “ T One half of the Wharf and Buildings on L-t No. 1 1, in Franklin Ward, adjoining Caig's to the cad, and Richard Wayne's to the weft, levied onto fatisfy a mortjraffe duly foreclofed. Poftpended from July Tales. T. ROBERTSON S.C. C. Ju'y 9- (?8 Sheriff’s Sales. ON tips JirJi Tuesday in August n:mt 9 WILL BE SOLD, At the Court-house in the city of Savannah, between the hours of 10 and 3 o'clock. All that tract of land, situate about two miles from Savannah containing 66 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 F.winsburgh Number twentv-five, and four Lots in Savannah Number 16 in Green Ward, No. 22 in Elbert Ward St Nos. 5 St 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. Poftponcd from July Sales,, T. ROBERTSON, S. C. C. July 9- sis _ sheriff ’s Sales, On the First Tuesday in August WILL BE’SOLD, At'the court-house in the city oy Savannah, between the hours of 10 and 3 o'clock, ALL thole buildings and improvements, on the N. W hall D3rt of Lot No. —, Deck er Wad, b- longing to the heirs of Philip Minis, deeeafed formerly occupied and own ed by Maurice Lchiff. A fifty acre lot, known by the number 8, the house at present occupied by Joseph Arnold, in Anion Ward and three lots, being part of a five acre ioi, adjoining the town, formerly belonging to the efldte of John Currie, dec. taken under execution as the property of Joseph Arnold, at the (uits of Benjamin Buffy, surviving copartner and Benj. Buffy, jun. I’oiiponed from Julv sales.’ T. ROBERTSON, S. C. C Julv 9. 6% Sheriffs bales. At the court-house in the city ej Savanna 1, WILL BE SOLD, on the first tuesday in August next Lot No. 5, Moore i'yihmg Percival Ward,with (he buddings and improvements ; taken in exe cution as the proper’ v ol thee* i a te ot John Wereat, deceased, to satisfy a judgment in favor nl j Owen Owens. Postponed from Julv sales- T. ROBERTSON, s. c. c- Julv 9. f'X “blank Bills of Sale For Sale at this Office MON DA Y, July jo, 1807. I TRIAL OF COL. BURR, Continued. FEDERAL COURT— Richmond Sturday, June 27. The CLUf y fKc< delivered the follow | ing cpinion mi the motion for anattach | mem agiinlt Gen. W.lkinfon. The motion now under eonfidrration ; was heard at this time; beraufe it was 1 alhlged to be founded on a fart which might ass-ct the justice of the case in which ! the court is about to be engaged, and h cause, while the bills were depending be ’ fore the Grand Jury, the Court might, without impeding the nrog es. of the hufi nefs, examine into the complaint which has been made. The motion is to attach Gen. Wilkinfou for a contempt of this Court, by ohft udt ing the fair course of j iftice, with regard to a prt fecution depending before it lit support of this cliarg', has been offered the teftiimny of Mr ICaox, who states a convrrfation between Gen WilkinOm and hi.nfelf, previous to his being served with a fuhpcena, the object of which was to ex tract from him whatever information he might poiTefs, refp-dting the expedition which was the fubjedt of enquiry in this court; and who flues aif>, that he was after wards sum notice! before Judge Hall, who examined him up in interrogatories, and committed him tnj til—whence hewas t th en by order of the deputy Marflial. who was a military as well as civil officer, and put on hoar i the Revenge, in which Gan. Wi kinfon failed,.for the pu'pofe of being brought from New-Orleans to Richmond l hat unfair practices towa ds a witness who was 10 give testimo ny in this Court, or oppression under colour of its process ; al though those practices and that oppression wet..*acted in another district, would be punishable in the mode no . suggested, provid ed the person who had acted therein, came within the jurisdic tion of the Court, is a position which the Court is not disposed to controvert ; but it is also be lieved that this mode of punish ment, ought not to be adopted, unless the deviation from law could be clearly attached to the person against whom the- motion was made ; and unless the devia tion was intentional, or unless the course oi judicial proceeding was or might be so aliected by n, as to make a punishment in this mode, obviously conducive to a fair and correct administration of jasiice. 1 he conversation which took plactbetvveen Gen. Wilkinson the witness, on the airiva. ot the latter in New-Orleans, was man ifestly held with the intention ol drawing from him any hd ur ination winch he might possess relative to the expedition winch was then the subject ot enquiry. In this intention, there wu no thing unlawful. Government & those who represent it may jusll - fiabl) and laudably use means to obtain voiuntaiy communications, provided those means be not such as might tempt the person making them to give an improper colour ing to his representations, winch might atierwards adhere to them, when repeated m Court.—Lie address staitd to nave been em ployed, the condescension and re gard, with which the wnuess was treated, are- not su.J by lumacll 10 have been accompanied wun any indications ol a Uusiic ‘-o diatv lrom hurl more than the truth, ihe olikr ol money,)i wita a view to curtupt could not be too se verely reprehended, it >* cei taiuly a uaugeious species oi communication between moss who aic searching lor testimony, aid me nelson i; out whom nis expected. Cut in tins c >se, the court caiinol tomeuipiaie the ol let as being made will lmmotai views, ihe witness tiau a righ; to demand horn those lie was ex pected 10 accuse, a small cum 01 money butncieul to sauuis, linn on fbis return to his home. He was asked whether on receiving this J sum,his objections to giving tes , timony would he removed. This was certainly a delicate question, hot it might be asked without im proper motives, and it was pres sed no further.—This is not shewn to be an attempt to con taminate the source of justice, & a consequent contempt cf the court, in which it is administer ed. The imprisonment of Mr. Knox, and the order for convey ing him from New-Orleans to Richmond, were the acts of Judge Kali—Whether his pro ceedings were legal or illegal, they are not shewn to have hern influenced by Gen. Wilkinson, h this court cannot presume such to have been the fact. Gen. Wil kinson therefore i's ii >t responsi ble lor them. Thev were found-’ ed it is true, on an affidavit made by him ; but there Was no impro priety in making this affidavit, and it remained with the judge to de cide, what the law would autho rise in the case. All the subsequent proceedings were directed by the civil autho rity. The agents who executed the orders ot the Judge, were in deed military men, who most probably would not have diso bej ed tne commander in chief; but that otEicer is nut responsible in this way tor h iving faded to interpose his authoi Ity, in order to prevent the execution of the orders of the J udge, even it those orders ought not to have beeu given. Upon a full view of the sub ject, the case appears to have been this. Gen. Wilkinson was desirous that the testimony of the witness should be obtained ; and aware of the accusations which had bctorc been brought against him lor the use he had made ol the imiiury power, he was desi rous ot obtaining tne testimony by lawful means, and therefore referred the subject to judge oi the territory, under whose or ders all subsequent proceedings were taken’ Whether the judge did or did not trasceud tne h i nuts prescribed by law, those ministerial oiheers who obeyed his orders, cannot be supposed to have acted with a knowledge that he had mistaken Ins power.— Should it he admitted that tins would be no defence for them in au actiot% to ohtaia compensati on lor the injury, yet it iurnishe* sufficient evidence, tiiat no con tempt was intended to this Conn by Gen. Wilkinson, thar lie has not becu goiity oi any lutefltion at abuse oi us process, or ot any oppression 111 the manner 01 exe cuting it. It u eaid that capt. Gaineshe gentleman wnom the Marshal appointed as ills deputy tor, this 1 par titular purpose, had not tak en the oatli of office, and wai therefore not legally qualiiied to act in that character. However conect this wOservauon may be in uscli, it does not appear to tile court to justdy an auaU; meat against Gen. Wilkinson. — i ffic pci son who secs in the pos bcssion ol another, a eommi s on as deputy Marshal, and aces U.n other acting under that commis sion, ought not 10 be subjected to a process ol contempt io. tiav ing made 110enqurich it petting Uic oatu whtci. *re law requires ; C 1 be utkci). 1 lie aiuchment will not be a waiutd because Gen. Yv mimsou cannot be considered as having coiiiroitU or influenced me iun duel oi rile civ* Uiagutiaie, *ud r Whole Number 271. br'cnuse in thistransaction his in tention appears to have been not to violate the laws. In surh a case, where an attachment does not seem to be absolutely required by the justice due to the particular individual against whom the prosecution is depen* ing, the court is more inclined to leave the parties to the ordinary course of law, than to employ the extraordinary powers, which are given for ihe purpose of pre serving the administration of justice, in that purity which ought to be so universally desir ed. SINGULAR. In a Letter from the Jjland of *fofry x contained in a lute London paper, the following Jingular sircuntjlancc is related : We have here wilnefied a molt diitreifing l’cene, which has excited feolations that no language can delcribe. Some fokiicrs belonging to the 34th regiment, having commuted lome depredations here, were brought to tria , and two of I hem condemned to iuffer death. Only one, however, was left (or execution, named Hales. Saturday lalt was the day fixed on for his execution. When he had hung about a minute and a bail, theexecu” ; 1 loner taking hoid of his con’ l vuiled body, suspended him. j ielf on ii, by whole additional weight,therape gave way infuch a manner, ih ] the milerable lufferer’s feet touched the ground. The executioner then pulled him atidewayx in older to (Dangle hnu ; and being un -1 able to elFcd it m this way, got 1 upon his fhou Iders. To the great lurprile of all who wit iefled this dreadful feene, the poor criminal roleJlDaightupon h;s feet with the hangman uu his Ihou'ders, and immediately ioofened the rope from his throat with his fingers. No language can defcrioe’the (eo lations which were excited a mong the by ltandeis by this | lltoeking feene. l iie Slienlf ordeted another ropj? to be pre | pared, but the Ipectatois inier • lered, and the h fieri ts, ddties ied beyond deicriptiun by the (hocking ipettucle, agreed that before proceeding to the exe cution oi the ientence, he would wait nil the will or the iiiouid be known. The civil uiugiiliaie not being in town, orders were lent by the commander in cbeil to car ry the man back to gaol. By tile tune this order ai rived, the poor iellow had recovered his teutes. Tbeiiutrell which the feene excited cannot fie ue* (cubed—all became dee,.ly 111- icreiteum the mans late. Gapi. A icollj and ai.o ncr geiitleinan took Inm under the arms to conduct h m, 6c by their afiis te.iite he was able to walk hack 10 priiun. The court is now muig to decide die poor man’s late. May the voice of mercy • pit vail. T. S I open my Je ter to iri- ■ lot in you, that me Court nas deuutd, tnat the wito.e matter relative to poor Hales, ihad be tranhnuted 10 the King : ok tne tx.eut'Otr of the lenience, m eumeepivnee, ffi> iu‘pended