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Federal Gazette & Baltimore Daily Advertiser 1807/01-1807/06 msa_sc3722_2_6_1-0099 Enlarge and print image (4M) |
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Federal Gazette & Baltimore Daily Advertiser 1807/01-1807/06 msa_sc3722_2_6_1-0099 Enlarge and print image (4M) |
| SAW bF",KE^TUCXY. AN AC,T' ' —2~o/"¦.•"t::'/.' * u: ! '.ntnprvz;*'., That ,''•"'' person ot persons shall, within the arm, or ' attempt to arm, or procuri I, or shall kno1 bi concerned i out or ar--):n£ a.ny v-'ssei, boat or water craft, or prjng on "; he brought with- .•i!'. - the jurisdiction o/this state, any ves- f^j bo | ith intent that . §J» b at or wateft-erafi shall be em- ployed to disturb, tbe'tfeSce and tranquility the United States o . of them, or any territory' of the United States, or any oi its de] . person or •persons v.ithin the jurisdiction of this state, ¦snail raise or la raise, or inlist any •j>fr,r'! or party. at shifj attempt to march or pass through lie'- state by land or water, wiuj any person, parly or army ; or if any f® y enlist or engage in any project or enterprize within the juris-' •t.ion aforesaid, with intent to act against fh.e. peace and tranquility ' of the United States or any ot them or any territory of the. . United States?, or any of its dependencies as a.oresbijd ;' evr.ry such person, or persons so emending shall, upon conviction before any circuit court within this commonwealth, be fiueq in a sum not exceeding two thou- sand dollars^ and imprisoned for a term not exceeding one year; and every such vessel, .ty>at, or water-craft with ail her apparel arid furniture, together with till materials, tsrms, ammunition, or military stores which l»ay have been procured for the building or equipment thereof shall bed'oi terfalf to the use of any informer under this act, znd the.other half to the commonwealth. And be it further enacted. That if any person or person; shall begin to set on foot, or provide or prepare any vessel, boat' or water-craft, or any materials, arms, amunition, or military stores for any military expedition or enter- ].) ize. witli intention to disturb the peace and tranquility of the United States, orany - o) them, pr any territory of the United O.stes or of its dependencies, or with such intention shall enter or bring wilhinthe juris- diction of this state any vessel, boat, or craft, any materials, arms, amunition or military stores; or if any person or persons shall raise", oral tempt to raise, enlist or engageany person, party or army, or attempt to inarch or pass through this state by land or water, with an ?'''"" 0l it any person shall know- • ,1: r enlist in any project ar en- terprise with intent to act against the peace and tranquility of the United States as afore- ¦ -"aid, it shall and may be lawful for. the go- ve; "<.>'" of tit: i wealth, or such other .person and persons as may be specially em- powered for )Se, or any judge of the: circuit couvis. or justice of.the peace, *° ' t-to any sheriff, coroner, , authorising and requiring such officer to arrest and secure such person or person or person, and to take possession of such vessels boats or craft, ammunition, arms, materials and military stores, as afore- arcL ¦ Aid he it further enacted, That where any '- person or persons .shall be arrested as afore- ~'[ it i hall be Ihe dmv of the <>{Rcer so ar- resting l;im, to make return of his warrant •oonvey the person or persons before, one of the judges of tbe circuit courts' of •his common wealth., whose duty it shall be, «f upojf examination he finds piobable cause for .such arrest, he shall commit the person ¦ «r per;;o7is.so ..uno-ird to j-ii, unless he Ot • ve sufficient security to appear be/o/e the next circuit court, to be held •where the arrest may have been made, to answer -t he charges which may he laid in an indictment, -which it shall'be the duty of J 1ei attorney for (he commonwealth to file fgainst him, and in the mean time that he Pi' they will enoags in. no enterprise orjuo. hostile to tile peace and tranquillity of the United States, or any of its dependen- . '*ind be it further enacted. That' when any vessel, boat or craft,, or any arms, an. irmnitioft or military stores, shall be taken possession of and defamed in inanrci said, it shall be th,e duty of the qffice'r. so de- t.nninothein to keep them securely until the aiext session of, tiic circuit court for the cir- cuit ,rj which they may be so detained, in order to carry into chect the prohibitions and penalties of this act. Xr.d b,; it f!irther enacted, That where it ';iO' appear -to the governot of this ce-ui- »v n^eakh or to the agent by him to be ap- |»o;nted by this act, that'the civil authori *? . |n-' '.-quote lo carry the *«id i,.to effect ti>r the the inilifa n e in; :ara,?., if to hirr* it miy apt ear right Wler the provisions of this act. And ie i ¦>'\ That t) vernor layand he is nt or -: to atf< nd with ¦ s id call on She noli ia to aid him in arresting any boat or craft, with all pers ins belonging thereto, as he may think proper. Anil be it further enacted, r>*hat: the jo- verwor may and he is In-roby authori draw on the treasury for any jam n ceeding one thousand dollars, * i carry this act into effect if he find the sat >.¦ necessary —Pro'vided, hcivever, that noticing in this act contained shall be so constrj-d as to al- ter the mode of proceedings against or the punishment of any person who may ',, secnted for treason or pfierioes committed aigarnst the laws of the United States, or of this state, not herein specially named. This act shall coinrhence and he in force from and after the pa oni to remain in force ufttrfl the end of the next session of the assembly. A LAW To regulate the passing of carriage! and ihds, meeting each other in the public streets and rc-ids. Be It ordained by the mayor, aldermen and community cf the city of'.New-York, in «»i- mon council convened, That in all cases of petsons meeting each other in carriages or sleds, in any public street or road'within the city of New-York, each such person so meeting, shall turn off and go to tfie right side of the street or road, so as to enable such carriages and sleds so meeting, to pass • her, under the penalty of five dol- r.Ai.'s for each such offence. And be it further ordained, Thar the pro- prietor or proprietors of such carriages and sleds, neglecting or refusing to turn out, and go to the right as above directed, shall if present at the time of such meeting, be ad- judged as the person committing the said offence ; but, if absent, then the driver of such carriage shall be so considered. BOSTON,' January 2Q. We are happy to learn that the appeal to the generosity of the public, now making, by the proprietors of the Museum, Iras met with a cordial reception in several benevo- lent minds ; but we lament thai there are others, who, having the ability and dispo- sition to give, are prevented by several con- siderations, which we are confident are un- just. We are assured, from the most cor- rect sources, that it was with extreme' re- luctance the proprietors admitted Mr. Mar- ten to exhibit in their building—but yielding to bis importunity, they took every precau- tion, which prudence and vigilance could suggest^ to prevent the disaster which has ensued. They only rented the room tor one month ; and refused to continue it, ex- daily, unless they were permitted to foe access thereto at all hours. No occasion was rimjned in visiting the building after the exhibitions ; and on the night of the lire, Mr. D. ascertained that the fires were all extinguished ; and the hearths wet. These circumstances, & a report of an explo- sion being heard, a short time before the tiames were seen, make it certain the calamity was occasioned by the decomposition of some pre- ii. of whichhecouln havenosuspicion. It ought also to be mentioned, that eversince .J)!ishn;ent of the Museum (14 years) Mr. I'.owen has given an annual exhibition for the benefit of the poor; the proceeds of which have been distributed by judicious per- sons for the relief of the indigent disttn and his aid lias frequently been experienced, in his endeavors to alleviate the distresses of those wlto have suffered by fire, not only at and near home, but in other states. We should hope, these fasts would be sufficient to remove all obstructions to the success of bscription : particularly among those to whom the character arid liberality of Mr. I'iOv.'tn are so well known. ____________| provisions afore- _______________. and may be lawful governor to , , ;, part 0f WASHINGTON, Jan. 27. To the senate and house of Representatives of the Vuitid States. I received from general Wilkinson, on the twenty-third inst. his. affidavit, charging .Samuel Swaitwout, Peter V. Og^i James Alexander, with the crimes described ih the affidavit, a copy of which is now communicated to both houses of con It was announced to me at the same time, that Swartwout and hollrnaiv, two «f y power of tilt commonwealth as ¦ j joci. e necessary. < \-\ 'be d, That if any SJierifT, coroner or constable or other officer to whom any v ... t tmd 1 thi act may TV: ' refuse or ne- t'iieri of, or shall no; s to carry into ef- fect the said warrant, or shall not convey any person in manner afon said, or .shall not ltecp secure' the- said vessels, boats or craft, cr (lie saicl arms, ammunition, 'material* and military stores ; such officer shall, on con- ~!Ofiun therepf before any,circuit court, be fi • d In a sum not exceeding one tht dollars,, and imprisoned not exceedii ^ind he it further enzctpd, Thai the, go- vernor is hereby authorised and recroired to appoint the commanding officer i» each county, .bordering o:t the Ohio, or some other fit person, whose duty it shall be to examine all vessels, boats cr craft p down the Ohio, aad to stop and search the the.persona apprehended by him, were arri- ved in this city, in custody each ry officer. I immediately attorney of the United States, j trict, the evidence received aj with instructions to lay the same befcj judges, and apply for'their piocess to bring the accused to justice, arid f put . hands orders to the officers having them in custody, to deliver them to the marshal on his. application. Til : JEFFERSON. January 26, 1807. [-o.se follows gen. Wilkinson's affida- vit, Burr's lettei to the general in favor of orwout, Burr's letter in cypher all of which we have pub. '-'•¦¦ . VVuktnson (hen continues to Curostances relative to the conspiracy ..ad come to his knowledge, as fol- I instantly resolved Jo avail myself of the oee made to the bearer, and in the course of some days drew from him (the said Swartwout) tiie following; disclosure : o he .had been dispatched by colonel Bust frani Philadelphia, had passed through the states of Ohio and Kentucky, and pro- ceeded from Louisville for "St. Louis, where Ire expected to find me, bat discovered at Kaskaskias that 1 had descended the river, he procured a skiff, hired hands and follow- ed me^ovvn the Mississippi to'Fort Adams, and from thence set out for Natchitoches, in company with captains Sparkes and Hooke, under the pretence ot a disposition lo take | , part in the campaign against the Spaniards, ¦* That col. Burr, wit support of a uowerful association, exti New-York to New-Orleans, was le- vying an. armed body of 7000 men from the state of New-Ycrk and the ' western states and territories, with a view to carry an r::- eu against I vincos, and that 500 men under colonel Swartwout, and a colonel or major Tyler, were to <: the Allegany, for whose accommodation light boats had been built and were ready." I enquired what would be their course ; he said, " this territory would be revolutioniz- ed, where the people would be ready to join them, and that there would be some seizing, he supposed, at New-Orleans ; that they :ted to be ready to embark about the first of February, and intended to land at Vera Cruz, and to march from thence to Mexico.". I observed that there were sevs- ral millions of dollars in the bank of this place, to which he replied, " We know it full well ;" and on my remraking that they certainly did not mean to violate private pro- perty, be said they '• merely meant to bor- row, nnd would return it ; that they must equip themselves at New-Orleans; that they expected naval protection from Great-Britain, that the captain ------- and officers of our navy were so disgusted with the government that they were ready to join ; that similar dis- gust prevailed throughout the western coun- try, where the people were zealous in favor of the enterprize, and that pilot boat built schooners were contracted for along our southern coast for iheirservice : that he had been accompanied from the falls of the Ohio to Kaskaskias, and from thence to Fort Adams, by a Mr. Ogden who had proceeded on to New-Orleans, with letters from colonel Burr to his friends there." Swartwout asked me whether I had heard from doctor Boll-man ; and on my answer- ing in the negative, he expressed great sur- prize, and observed, .' That the doctor and a Mr. Alexander had left Philadelphia be- fore him, with dispatches for me, and that they were to proceed by sea to New-Or- leans, where he said they must have ar- id verb" Though determined to deceive him if pos- sible, I could not refrain telling Mr. Swart- wout it was impossible that I could ever dis- honor my commission ; and I believe I duped him by my admiration of the plan, and by observing-, "That although 1 could not join in the expedition, the engage- ments which the Spaniards had prepared for me in my front, might prevent my opposing it." Yet I did, the moment 1 had decy- phered the letter, put it into the hands of colonel Gushing, my adjutant and inspector, making the declaration that I should oppose the lawless enterprize with my utmost force. Mr. Swartwout informed me be was under engagements- to meet colonel Burr at Nashville, the QOth of November, and re- quested me to write him, which I declined ; and on his leaving Natchitoches about the 18th of October, I immediately employed lieutenant T. A. Smith to convey the in- ion, in substance, to the president, without the commitment of names ; for from the extraordinary nature of the pro- ject, and the more extraordinary appe.d to me, I could but doubt its reality, notwith- standing the fe'stimonjf before me, and I did not attach solid belief to Mr. Swartwcnt's reports repptcting their intentions on this territory and city, until 1 received confirm- atory advice from St. Louis. After my return bom the Sabine, I cross- ed the country to Natchez, and on my de- scent of the Missisippi from ihat pi,ice, 1 found Swartwout and Peter V. Ogden at Fort Adams ; with the latterl held no com- munication, but was informed by Swart wout, that he 0g>dra, had returned so far from New-Orleans, on his route to Tennes- see, but had been so much alarmed by cer- tain reportl in circulation, that be was afraid to proceed. I enquired whether he bore letters with him from New-Orio 01s and was informed by Swartv. out that he did not, but that a Mr. Spence had been sent from New-Orleans through the country to Nashville, with letters for colonel burr. I reached this city the 25th ultimo, and on the next morning James Alexander, esq. me : he inquired of me aside whe- ther J : octor Bolhnan, and on my answering in tbenegative, he asked me whe- ther I would suffer bim to conduct Bollflfcm to me, which I refused. He appeared de- sird'us to communicate something, but I felt no inclination to inculpate this young man, and he left me. A few days niter he paid me a second visit, and seemed desirous to communicate, -which 1 avoided, until he had |. risen to take leave ; I dien raised my finger 1 served) " take care, you are playing a (us game ;" he answered, "it will SU<' "id." 1 again observed, " take care ;" & be n jidtd with a strong affirmation, " Burr w ill be hereby the, beginning of next mouth." In addition to these corroborating circum- stftnees against Alexander, I beg leave to re- fer to the accompanying documents, A. B. Fr< m all which I feel no hesitation in de- c'arhor, under a solemn obligation of an that I do believe the said Swartwout, Alexander, and Ogden have been parties to, and have been concerned in the insurrection cr forming ill the statf s Si territories on the Ohio and ."'-"is'-isippi rivers, against the laws and constitution of the U. States (Signed) JAMES WILKINSON. Sworn to, and subscribed before me, this lay of Ihcember, in the year of our (Signed) OFVORGE POLLOCK, Justice of'the peace for the county 01 Or- leans, Outline of proceedings in, the court : On Monday, Mr. Jones, the attorney of the district, produced the depositions of William Eaton and James L. Donaldson, as given in our paper of this day. On the arrival of the hour of one, Mr. Caldwell moved for an attachment against Lieut, col. Wharton and ensign Mead, for contempt cf court, in not making a return to the writ of Habeas Corpus. This motion was supported by Messrs' Caldwell, Dorsey and F. S. Key, on the usual legal grounds ; and opposed by Mr. ones on the ground, that there was as yet J ltd rlisob that tb'. illowep to make a return, which would be made in due time. The court, after advisement, delivered the foil 'Vying ..pinion :¦ The court is i fat although the practice at common law, before the statute of 31st Charles II. was that an alias and pluries should issue bei . y to whom a habeas corpus was directed should be at- tached, yet that the practice since that sta- tute has been to issue an attachment with- out an alias and pluries in cases not within the statute. That the practice has been found- ed under the statute, the judges supposing it furnished a good rule of proceeding incases out of the statute, & that in adopting trie sta- tute as a guide in one respect, viz. in doing away the necessity of an alias and a pluries, they also adopted it as a rule as to the time of the- return, viz. in allowing three days to make it, and that therefore an 'attachment ought not to' issue until the expiration of the three days from the service of tnat writ of habeas corpus. On Tuesday, the depositions of lieut. Wilson and Ewsign Mead were adduced by the attorney of the district. About two o'clock the opinion of the court was delivered on the motion of the attorney of the district. Chief justice Cranch stated that the mem- -bers of the court differed in opinion. He said that his opinion was, that so far as re- garded Erick Bolhnan and Samuel Swart- wout, there was no testimony given on oath, that induced him to think there was proba- ble cause that they had levied war against the United States. Justices Duckett and Fitzhugh concurred in opinion, that there was probabls cause to believe that the accused had committed treasonable -acts. On which it was ordered that a bench warrant issue for the arrest of Samuel Swart- wout and Erick Bollman, on the charge of treason, which warrant issued accordtngiy, returnable immediately. Whereupon the said Erick Bollman and Samuel Swartwout, having been arrested and brought into court, it was upon their motion ordered, that they be heard by their counsel to-morrow at 10 o'clock A. M. to shew cause why they should not be com- mitted lor trial on the charge aforesaid ; and in the mean time that they stand conimksd ; and that their counsel shall have tree access to them. Return was then made to the writ cf Ha- beas Corpus. The court inquired whether the counsel had any motion to make. Mr. Key replied that they had none, that they considered any further proceedings un- der the writ of Habeas Corpus as entirely superseded by the allowance of the motion to arrest. The following are the depositions made in open court, and alluded to in the forego- ing statement. The Deposition of h'AUam Eaton, Esq. Early last winter, co. Aaron Burr, late vice-president of the United Stales, signi- fied to me, at this place, that, under the authority of the general g vernment, he was organising a secret expedition against the Spanish provinces on cur south-western bor- ders ; which expedition he waste lead, and in which he was amh, rised to invite me I 1 take the comma;,;! livision. I had never before besninatie personally acquaints ed with col. Burr; and, having for many years been-employed in foreign servic-j, i knew but little about the estimation this gentleman now held in the opinion of his countrymen and his government : the rank and confidence by which he hid so been distinguished left me no right to sus- pect his patriotism. I knew him a soldier. In case of war with the Spanish nation, which from the tenor of the president's message to both houses of congress seemed probable, I should have thought it my duty to obey so honorable a call of my country ; and, under that impression I did engage to embark in the expedition. I had frequent interviews with col. Burr in this city—and, for a considerable time, his object seemed to be to instruct me by maps, and other information, the feasibility ot peneti to Mexico—always carrying forward the idea that the measure was authorised by go- vernment. At length, some time in Feb- ruary, he began by degress to unveil him- self------He reproached the government with want of character, want of gratitude, and want of justice. He seemed desirous of irritating resentment in my breast by di- lating on certain injuries he felt I had suf- fered from reflections made on the floor of the house of representatives concerning my operations in Barbary, and from the delays of government in adjusting my claims for disbursements on that coast during my con- sular agency at Tunis ; and he said he woulci point me ¦ to an honorable mode of indem- nity. I mow began to entertain a : uspicion' that Mr. Burr was projecting an unauthoris- ed military expedition ; which, to me, was enveloped in mystery ; and, desirous to draw an explanation from him, I suffered him to suppose me resigned to his counsel. He now laid open his project of revolution- ising the western country, sepaiating it from the Union, establishing a monarchy there, of which he was to be the sovereign, New- Orleans to be his capital ; organizing a force on the waters.of the Mississippi, and extending conquest to Mexico. I suggest- ed a number of impediments to his scheme —stich as the republican habits ct the citi- zens of that country, and their affection to- wards our persent administration of govern- ment ; the want of funds ; the insistence he- would meet from the regular army oi the United States on those frontiers ; and the \ opposition of Minii Mr. .'; ; - . I_______________ and ,!.'¦ ed by 10 or 12 000 1110.1 lioned ; said f- evfu! ihish tors . id Mr. Burr, we randa. He now proposed to • cond command in his army, i as-Red him who should have the chief ccir.rra;, ! ? [lo said General Wilkinson. I . singular that he should count en gen. Wil- is elevated rati:, and hij^l tryst he now held as commander in ch and governorof a prbyince, he hi rdly put at hazard tot l -ire: t. I Wilkinson, balanc d d,-r.ee of govern rruo !;, was ,¦ much longer the e oil to secure to himself a pefrr ' asked Mr. Burr if ha Rnevv£eh. \ lie answered yes : and echoed f'n o\:-.- I said I knew him Weill. "What da know of him ?" said Mr Pit:".'' 1 fcnow;i replied, that general Wilkinson v, as Lieutenant to no roar., in tfjcisfei " You are in an error," said Mr. I " Wilkinson ivill net as tieutenanl to From the tenor of repeated coo with Mr. Burr, I was ii plan of separating the union which 1 1 cbntehipiati I communicated to. and •ral Wilkinson, (though I t of seduc- tion) and he often expressed a full cohfi'd that the general's inlbience ; the offer of double pay and double rations ; th»"ptospect of plunder and the ambition of atch ment, woud draw, the army into b- sures. Mr. Burr talked cf 11 of an independent lent west of the Alleghany as a matter of inherent, cottsti- I right of the people ; a 1! which would eventually take place, and for the operation of which the present ciisis was peculiarly favorable. There was, said he, no energy in the government to be dn and the divisions of political opinions throughout the union was a circum of which we should profit. There were very many enterprising aspired to something bey-, n ! the dull pur- suits of civil life, and who would volunteer in this enterprize, and the vast territory bo- .¦; to the United States, which n to adventurers, and the mines of M would bring strength to his state tors. I listened to the e: nrr's views with: cquieec.ence, Every interview con. more and more that he had orgaflizi d a dee)) laid plot of treason in the west, in the accomplish- ment of which he felt fully confident, Till at length, I discovered that his ambition was not bounded by the waters of the Mississip- pi and Mexico, but that he over- throwing .the present nt of our country. He said, if he could gain over the marine corps, and secure the naval commanders, Truxton, Preble, D others, /zi •would tarn congress heels out of d'oprs\; assassinate the presii icizt on the treasury and naiy, and r/i for if ah energetic ,,-¦- ment. The h ' :: ast of con marine 1 I of sounding comr, Preble.. in Decatur, col. 1'uo posed confiding to me. : it this ition, I dropped the mask, and ex- claimed against his views. Ho the degraded, situation of our country, the necessity cf a blow by which its its dignity should be restored if that blow could be struck I time, he was con; dent of the support of the best blood of America. I told c- Burr be deceived himself in presumjn he, or any other man could excite a country who would countenaro in such a plot of desperations n treason. Hereplied, t" pf this country, than I did. him one solitary ¦ him. fie asked, what word I 1 answered Vi ' my hesitati 01, great examples in his favor. I 1 him, that I had lately I tieme of the union to the • I found a diversity o, he people, thej 1st distaut aspect of national d That, for the sectionoftbe iged, Iwouid vouch, ceod in'the first inst, within six weeks afterwards have bis throat cut by Yankee militia. Though-wild and extravagant, Mr. Biri-'i last project; and rlv tavci slaughter.) felt very easy on the sul because its d?(V:u he had deposited in n-.y uwn hands. 1 did no* f'eej so scene concernir.g mat of dhjoirising the union. But vciy interesdng nnj embraiassing tion in which his commit placed' me, left me, 1 confess, at ?. stand to know how- to con: uci myself wiili propriety. He had mitied no oven act of aggression against lirv. 111 him in writing ; nor c nd I leuin ilia I lot plans to- any person near roe !,) whom m" "o eoiil:' he supported no persons u bo v. .1 with him .v'v Alston"; win rfi ami a Mr. Epl gl I '. in Cretl'l-, VV:i;. ' Burr w-is resolute in ;•¦; , hellion in the weal of 11 pieliensiv,' ; h sjve y org.o-.-zed to ; Ireai eel 1 hi v.,. ig it . ¦ t If to the 1 to defeat it. by getting mong us, or to exp ces by adisoO o Accord- ingly, 1 wai ed on the F States ; and afier si in which I an ed o 1 west- warn, I usedthe freedom towiylo o'e President I though- 1 I-. Biirr .- ho ¦ »; of this (on ;;-,ve for r ¦ MevedVii where he should be sent; and Cl.u'is. '1 u.' I'resi I too imp of Mr ' |