|
Valuable Property for Sale.
i TO-MORROW,
The Zih Afril. 'will :,. s:li an the premises, at
1" o'c/ccl, by At "; mple(te finished two-story Brick
Dwelling House, with very convanient Back
B'dHii.igji, and a two-story Brick Warehouse
«"li i:''"',' hereto, also well finisuea. The
¦whole buildings are erected on a Lot fronting
R&1 teet, on Charles street, and about 8J feet
eet
'1 lie board of Commissioners for examining
Pilots will sit one hour from eight o'clock,
every Monday niorjiing during A]v, il and Way,
at the >aryiand Jpi'suraucfe Office, in South-
Ctre.et.
By order of the (Ward of Commissioners,
JOHN WEATHEBBURN, Register.
March 26:' dl8t||
i rish" linek s. ¦';;'¦ ^'"
fohn Robinson,
No. 216, MAHKE I -STREET,
U'ts received via Kcm-Tori, fjfe.
3-4 •)
7-8 &. V IRISH LINENS.
4-4 J .
Which !,e offers for sale by the package at
* very low advance tot cash, or approved ac-
ceptance s.
April 4. c!4t
• The Gentleman to whom
tbe subscriber deli-ered Letters for Messrs.
William Graham Sc Charles Harwood, (about
five or six weeks ago) he presumes has fur-
pot them, they having not been deHyvud to
them He therefore tai es this method of re-
minding him of tin in, and requests the gen-
tleman will be good enough to forward them
¦without fel;i>,. as they are of consequence
to the above geiitlem' n
REDMOND GRACE.
April 4. ____•_ __________dltj
A WOE.K THAT OUGHT TO BE IN POSSESSION
OF EVF.HV MAN,
THE LIFE OF
Gen. WASHINGTON,
By John Makshai.t.. Chief Justice of the
United Stairs,
Complete in 5 vols. 8vo, with an elegant For
trait, an i a • riet v of Maps ; is now read) for
subscribers, aiid for sa'e. by
GEORGE HILL.
The following'remarks from a late London
publication, attest the high opinion entertain-
ed c. this authentic and interesting iuori :
" The public will learn with interest that
the litera-v mo iitmcnt which has long been
projects t to the memory of the moat illits
trioire character of modern times, is at
length complet d No apology c;.n be requi-
site For erecting such a monument to him,
wlio was the first in war, the first in peace,
and th ¦ first in the hearts of his fellow citi-
zens : to him who was the foi.sider of a
great afvd \: ospevous empire, and whose mo
delation and pore patriotism challenge the
imitation,' ,: Males:, en This performance
eft it ¦ ¦. . il i.as already been distin-
ibeil !>¦¦¦ the most honorable and unequivo-
testimonies j ins been hailed as an ac-
quisitjpii to standai I Literature ; and it has
be • n consider! tl as deserving, in point of ex-
ecution, a plat ¦ in the side of Robertson's
Charles the 5 itth, u id as unrivalle d in the au-
tb.ei•¦: i ; '¦• i iri it 'T I: ti any work in the
entire compass of histovy and biography.
d(it es
We, whose names are here-
unto ¦ ubsci'ibed, having attended an examina-
oi the Scholars of Mr. PATRICK ED-
S, at his School Koom, in M'Clel-
co.Vs alley, yesterday, deem it a necessary
tribute to merit, to express ur high satis-
faction at the proficiency they have made ; and
to say that his plan, as novel to us as success-
ful in its oi>eiation, appears well calculated
to ground the yoftng beginner in, a thorough
knowledge of Orthograhpy, to strengthen the
memory, to excite emulation, and to quicken
and mature the judgment of the Pupil.
J. CARROLL,
ASHTON ALEXANDER,
GEORGE PRICE,
THOMAS CALDWELL,
LUKE TIERNAN,
GEORGE F. WAKFIELD,
JOHN TAGGAHT,
D. FULTON,
JOHN M'KEAN,
ARNOLD LIVERS,
MATTHEW BROWN.
Baltimore, March 23, 180:'.
W E £ K t T FUHLICA Tl O N.
SPECTACLES.
THIS little work of four pages, ntended
lobe published every Saturday, will shortly
i.i; '-e its appearance, Subscriptions are at
t. reci s different F.ook-stores
i citv, where the Prospectus has been
left.
Te who delight in fun art!frolic,
Of ye of temper melancholic .-
Of who, of pinguid look and sanguine,
With nerves of nature Adamantine,
Come 'ate a peep—'twill cleuryour siglvt,
/> •' hri :g strange things, indeed, tse of the bridge were
also occupied. Fifteen thousand men who
defended them were routed, after an obsti-
nate resistance. A few prisoners and six
pieces of cannon remained in onr hands.
Several of the enemy's gens, were wounded.
On our side we had few killed, hut nearly
two hundred wounded. At the same time,
at the other extremity of our line of operati-
on, marshal Key totally routed the remains
of the Prussian army, and drove them, with
very considerable loss, into the wood of Lau-
terburg. Marshal Bessieres had a brilliant
affair of cavalry, surrounded and made pri-
soners three spuadrons of hussars, and took
several pieces of cannon.
Battle of Nasielsk.
" 0a, the 84th the reserve of cavalry of
t
dam ; Calisto, Tyler, Malaga
Catharine, Curtis, N«w-York
Weaver, Charleston. ^|
Yesterday arrived pilot-boat Pennsylvania,
from the Woodrop Sims, with the whole of
her specie ; left her tight on Thursday last ;
is expected to be got off. The brigs Na-
nina and Ann Jane have made much water ;
shallops were alongside the" former, to dis-
cbarge her.
A ship, inward bound, is ashore 011 the
Pea Patch.
The vessels that anchored inside Cape
May during the gale, rode it out in safety,
and went to sea on Wednesday last.
The brigLucy, put back to Reedy-Island,
left there Saturday morning.
The ships South-Carolina, Amiable, and
Fair Trader, and several others, carried their
pilots to sea.
The schooners and sloops in the fleet are
all at sea, except the Matilda, put back to
Newcastle.
Lrom Cape May, Slpril 1.—A brig and
five schooners are now at anchor under the
Cape^—wind violent at W. N. W. and un-
less the gale abates, they are in a very dan-
gerous situation.
thea defended the passage of the river. The
7th corps of the army, commanded by mar-
shal Augereau effected its passage of the
Ukra at Kurscomb and routed 15..000 men,
who defended it. The passage of the bridge
was atchieved in the most brilliant style. It
was performed by the j4th of the line in
close columns, while the 16th light infan-
try kept up a brisk fire e>i inusquetry on the
right bank. Scarcely had the 14th formed
on the other side of the bridge, when they
had to meet a charge of ci^lry, which
they sustained with the intrepidity habitual
to the French infantry. But a pikeman un-
fortunately forced his way to the head of the
line, and plunged his pike into the colonel,
who fell eiead on the spot He was a brave
soldier, and worthy of commanding so brave
a corps. A discharge of musketry by his
regiment, in the very faces of the enemy,
and which threw their cavalry into the
greatest disorder, was the fust honor done
to his memory.
" On the 23th the 3d corps, commanded
by marshal Davoust, marched for the Tyko-
cyn, whither the enemy retreated. The1
5th corps, commanded by marshal Lannes,
took the road to Pultusk, with the division
of Reker's dragoons. The emperor, with
the greater part of the cavalry of reserve,
proceeded to Ciechanow.
Passage of tke Sonna.
" Gen. Gardanne, whom the emperor had
sent with SO of his guards, to reconnoitre
the enemy's motions, reported that they
were passing the river Sonna at Lopazyn,
and dii icted their inarch to Pycokzyn. The
grand duke of Berg, who had been left ill
ai. Warsaw, unable to resist the impatient
desire which he .felt, to take a part in the
events which were in preparation, set out
from that ciiy, and had just joined the em-
peror. He took two squadrons with him
to observe the motions of the enemy's co-
lumn. The brigades of the light cavalry
of reserve, and the-divisions of Klein and
Nansouty, made all speed to join him. On
reaching the bridge of Lopazyn, he found
it guarded by a regimemt of Russian hussars.
This regiment was instantly charged by the
chasseurs of the guards, & driven into the ri
ver, with no other loss on our side than that
of a quarter-master being wounded. The
half of this column had not yet passed ;
it was attempting a passage higher up the
river. The grand duke made col. Dahlmann
charge it at the head-quarters of the chas-
seurs of the guards, who took three pieces
of cannon, after putting several squadrons
to the route.
" Whilst the column which the enemy
had so imprudently thrown down the right
lank, were endeavoring to gain the Narew,
in ordejr to reach Tycof.yn, their point of
rendezvous T^cozyn was already occupi-
ed by marshal Davoust, who took there 200
baggage carts, and a great number of sledges
which has been collected from all quarters.
" All the columns of the enemy are bro-
ken, wandering about in a state of disorder
difficult to imagine. The Russian general
committed the error of posting his army so
as to have the French army on his flank, se-
parated, it is true, by the Narew, but having
a bridge across that river. Had the season
been favorable, one might have predicted
that the Russian army could not have re-
treated, and that it would have be;en destroy-
ed without a battle ; but as a season when
it is dark at four, and where it is not light
until eight, the enemy we are pursuing has
every chance of escape, particularly in a
country naturally difficult and intersected
with woods. Besides, the roads are four
feet deep of mud, and the thaw continues.
The artillery can no longer advance more
than two leagues in a day. It is therefore
easy to foresee that the enemy will effect
his retreat from the embarrassing situation in
which he is placed ; but he will loose all the
artillery, waggons and baggage.
In the evening of the 25th, the following
•was the position of the French army. The
left, corisisting of the corps under the mar-
shal prince of Ponte Corvo, and marshals
Ney and Bessieres, were marching from
Biezum on the road to Grodno. Marshal
Soult was entering Ciechanow. Marshal
Augereau was marching for Colytnin and
Pultusk. Marshal Lannes was at Pultusk.
" In these two days we made* from fifteen
to sixteen hundred prisoners, and took from
twenty-five to thirty pieces of cannon, three
pair of colors, and one standard.
" The weather here is extraordinary. It
is warmer than in the month of October at
Paris ; but it is rainy, and in a country
where there are no regular roads, one is in
the mud at every step."
BY THIS DAY'S MAILS-
PHILADELPHIA, April 6.
No arrivals at this port since our last.
Cleared, brigs Sylph, Yardeley. Amster-
RICHMOND, April 4.
COLONEL BURR.
On Wednesday, the 1st day of April,
chief justice Marshall, pronounced a most
luiiiincus opinion en the application for the
commitment of this very extraordinary gen-
tleman. The substance of which was, that
there was no probable ground from the tes-
timony yet adduced, for believing that colo-
nel Burr had been guilty of treason, what,
ever might have been the intention ; at least
that there was not sufficient ground for a
commitment on that serious charge. But
that on the probable ground of a misdemea-
nor, in sotting on loot or preparing an ex-
pedition against the Spanish settlements ;
t!ie deposition of general Wilkinson, when
coupled with the cyphered le-tter, though
not sufficient for conviction, satisfied him
sufficiently for commitment : He was there-
fore committed on that charge, with indul-
gence to remain until three o'clock under
his existing recognizance, to enable him to
give further bail, in the sum of 10,000 dol-
lars, till the next court in May, for this
district. Messrs. John Hopkins, Harry
Heth, Thecmas Taylor, John Gamble and
major Langborn, to the honor of themselves,
and in. support of the just character of their
native country, for its civility and atten-
tion towards strangers, voluntarily ste-pped
forward and relieved this unfortunate and
distinguished prisoner, from the horrors of
a dismal dungeon.
In animadverting on that part of the tes-
timony, on which the commitment was
founded ; particularly on the key or means
which led to the decypher of the letter from
ceilonel Burr to general Wilkinson, the chief
justice does in most pointed and strong
terms, as the writer of this article conceiv-
ed, implicate general Wilkinson in the same
offence for which he committed Mr. Burr.
And in this there did not seem to be a dis-
senting voice, as the inhale opinion given
by the judge appeared 10 be universally ap-
proved and most highly applauded.
Nothing could eixite more general inte-
rest than this whole proceeding. It had
been most ably argued tbe day before. The
tvvo attornies for the United States perform-
ed their duty as well as the materials in their
possession would admit cf ; and deserve
the entire approbation and thanks of their
country. It is proper to premise, that the
president has appointed a gentleman []C.
A. Rodney] of the first talents and qualifi-
cations in hi* profession, for the head of
that important department ; and we Virgi-
nians have now the pleasure to testify, with-
out regard to any party considerations, in
favor of his gentlemanly deportment, and
his apparently amiable and mild disposition.
The attorney for our own district is well
known deservedly to rank among the first
of his profession. So if there should be any
lack of weight in their speeches, when they
shall be seen in full with the others, it may
justly be imputed to a deficiency of the
means they had at this time to support their
charges, and not to the want of abilities or
inclination to perform their duty.
The argument of Mr. Wickham, who
opened the defence, if correctly taken, will
he found a master-piece of elegant, ingenious
and chaste eloquence. He left little or no-
thing new to be said by the gentleman who
had to follow him ; but yet, Mr. E. Ran-
dolph, in a lofty, and at one time, pathetic
strain of sublime oratory, strewed over the
trodden path of debate anew, with delight-
ful and enchanting observations. Mr. Burr
himself closed the defence, with a most con-
cise and pithy narration of all his transac-
tions, and the extraordinary proceedings a-
gainst him. But in all this it is hoped the
public will be more fully gratified by a pub-
lication now preparing by Messrs. Henning
and Munford, in whose faithfulness and
skill it is believed we may place much re-
liance.
It would be improper, at this time, to en-
ter fully into the merits of col. Burr's case ;
both'as it might affect the'judicial proceedings
now pending, and as that effect might be
very erroneous and improper, when founded
solely on the testimony and circumstances
yet known. Yet it cannot be improper to
say one or two things of a more subordinate
or collateral nature, of what has already
been publicly advanced and determined.
It is in the first place highly fortunate that
this important case has fallen before the chief
justice of the United States—really, as well
as officially the superior judge of the nation.
It is also highly gratifying, that this very
superior judge, in whose integrity and dis-
cernment all seem to place such well-found-
ed confidence, should have found it recon-
cialble to his conscience and his judgment
to send the highly accused person for further
trial; and that too open to any other high
eharge than the one tor which he was com-
mitted. This will afford the government
full tirseto defend itself ap;ainst the higher
charges of persecution and tyranny, in diag-
ging a citisen around the continent by both
civil aid millitaiy process—in arraigning
him four times for the same offence—in
stripping him of all his property, as he him-
self has stated in open court—in shipping
ethers off the territory of the United States,
and committing them, not only to the ha-
zards of the seas, but to the still greater
evil so much complained of by our govern^-
ment itself, of the unlawful seizures and
impressments of the tyrants cf those seas !—
It will affoid them an opportunity also, of
testing the propriety of their ac s in these
high toned proceedings, by prosecuting with
equal vigor, and it is hoped with equal suc-
cess, those who are equally guilty by their
own rules of testimony, and who have with
that equal guilt coupled the most flagrant
and tremendous violations of the sacred
constitution and laws of our country.
By their own rules of testi.moiry, is meant
one of the principles contended for by the
prosecutors for the United States, in the
case of col. Burr. These gentlemen both
contended, that the opinion of the chief
justice himself in the case of Bollman and
others, went sufficiently to decide the pro-
priety, in his o'ivn mind, as to the commit- '
ment of col. Burr. Let these gentlemen
now look at the same judge's opinion in col.
Burr's case, as it relates to gen. Wilkinson ;
and say, whether an application, to commit
him also, will not be more proper than a
subpeena, to suinmon a partner in guilt, or
strongly implicated as a witness r Hence it
is highly fortunate, indeed, that this case
should have come before this highest of all
judicial authorities in the Uniud States. If
the persons accused are guilty-, it will be
the mean, it is hoped, of producing a ge-
neral, and not a partial execution of justice
upon all concerned. But, should only a few
remain singled out for prosecution, and those
prove innocent after all the extravagant per-
secutions we have seen ; we can only then
applaud the course taken by the judge, as
perfectly upright and correct in the parts
lie had to act, while we should remain silent
for the present as to the conduct of others.
[Virginia Gazette.]
OPINION
Of Chief y*»tice, MARSHALL-
The United States,"} On a motion Jar coitl-
y. \. mitment.
Aaron Burr, j
I ma. required on the part of the attorney
fo'-tl e United States, to commit the. accused
on two charges.
1st. for setting'on foot and providing the
means for an expedition against the territories
of a nation »t pence with the United States*.
2d. For committing high treason against the
United Stales.
On an application of this kind, I certainly
should iieH require that proof which would'be
necessary to cor.vict the person to he commit-
ted, on a trial in chief; not should I oven re-
quire that which should absolutely convince
my own mind of the guilt of the accused; but
I emgbt to require, iud I sh .:!<>. recp.iiv that
probable cause be shewn, «n<3 I undei'ataiid
probable cause to be a case made out by proof,
furnishing good reason to believe that the crime
alh-.dg-ed, has been commited by the person
charged with having committed it.
I think this opiniejn entirely reconcilable
with that quoted from judge Blackstone.—
When that learned and accurate comnien-
Utor 8Jiys, that " if upon an inquiry, it ma-
nifestly appears that no such crime has been
committed, e>r that the suspicion entertained
of the prisoner, wa': wholly groundless, in
such cases only, it is lawful totally to d.scharge
him ; otherwise he must b" committed to pri-
son or gi\e bail." I do not imelerstand him
as meaning to say that the band of malignity may
grasp any individual against whom its hate
may be directed, or whom it may capricious-
ly seize, charge him with some secret crime,
and put him on the proof of his innocence.
But 1 understand that the foundation of t..e
proceedings, must be a probable cause for be-
lieving there is guilt, which probahl cause ia
only to be done away in the manner stated by
Blackstone. The totalfailureeif proof on the part
of the accuser, would b<; considered by that
writer as being in itself a legal manifestation
of the innocence of the accused
In inquiring, therefore, into the charges
exhibitetl against Aaron Burr, I hold myself
bound to consider bow far thosJ charges are
supported by probable cause,
, The, first charge stands upon tbe testimony
of Ge.n Eaton and Gen. Wilkinson.
The witness fnstnameel, proves that among
other |>.eije-ts which were more criminal, col.
Burr mediuted an expedition against the
Mexican dominions of Spain. This depositi-
on may be considered as introductory to the
affidavit of gen. Wi kinson, and as explanato-
ry of the objects of any military preparations
which may have been made.
I proceed then to that affidavit-
To make the testimony of gen. Wilkinsdh
bear on col. Burr, it is necessary to cemsider
as genuine the letter stated by the former to
be, as nearly as be can make it, an interpreta-
tion ot one received in cypher fieri) the latter.
Exclude this lettesr, and nothing remains in
the testimony which can in the most remote*
tlegroe affect col. Burr. That there arc to
the admissibility of this part of the affidavit,.
g*£at anel obvious objections, need not to De
stated to those who know with how much cau.
tion proceedings in criminal cases ought to be
instituted, and who know that the highest tri-
bunal of the United States has been divided onr
them. Whem this question came before the
supreme court, I felt the full force e>f these e>b-
jections, although I did not yield to then.
On weighing in my own mind, the reasons for
and against acting, in this stage of the busi-
ness, on that part of the affielavit, those in fa.
vor of dohig so appeared to me to preponde-
rate, and, as this opinion was neit overruled,
I hold myself still at liberty to conform to it.
That the original letter or a true copy of it,
accompanied by the cypher, would have been
much more satisfactory, is not to be denied ;
but I thought, and I still think that, upon
a mere question, whether the a ccused
shall be brought to trial or not, upon an
inquiry, hot into guilt, but intei the probable
cause, tbe omission 01 a circumstance which
is indeeel important, but v.'h ch cs not
disprove the positive allegations of an affidavit,
ought not to induce its rejection, or its abso.
lute disbelief, whenthe maker of tlie affida-
vit is at two great a distance to repair the fault,
lcculdnot in this stage of the prosecution, ab-
solutely discredit the affidavit, because the
material facts alledged ma» very well be with-
in tbe knowledge of the witness, although he
has failed to state explicitly ali the means by
which this knowledge is obtained.
Thus gen. Wilkinson states that thjhs letter
was received from col Burr, buteloea riot say
^jiat if, was uf hi* l^d.. wiivia^r, 1.01 c.-ci Ue>
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