|
'¦Achrations which that'witness has inade tt
Other times on. the same subject; If he pos-
sesses this right he mujt bring forward proof
of those declarations ;—this proof must
be obtained before he knows positively
what the witness will say. for if he waits
tlntill the witness has been heard at th'e trial
it is too late to meet him with his former
declarations. Those firmer declarations,
tberef re, constitute a mass of testimony
¦which a party has a right to obtain by way
of precaution, and the positive necessity of
¦which can only be decided at the trial.
It was with some surprise an ^fgument
was heard from the bar, insinuating that
the award of a subpoena on this ground
gave the countenance of the court to suspi-
cions affecting the veracity of a witness whp
is to appear on the part of the United States,
This observation could not have been consi-
dered. In contests of this description the
evi
ease-
position,
The second
to irt takes no part"; the court has no right
to take a part. Every person may give in
dence testimony such as is stated in this
Whit would he the feelings of the
prosecutor, if in this case the accused should
produce a witness completely exculpating,
and the attorney for the United States should
he arrested in his attempt to prove what the
same witness had said upon a former occa-
sion, by a declaration from the bench that
such an attempt could not be permitted, be-
cause it would imply a suspicion in the
court that the witness had not spoken the
truth ? Respecting so unjustifiable an inter-
but one opinion could be formed.
d objection is, that the letter
contains matter wlncli ought not to be dis-
closed.
Thattheie may be matter, the production
of which the court w mid not require, is
certain ; hut that in a capital cae the ac-
cused oiiiht in some form to have toe be-
nefit of it, if it was re.dly essential to his
defence, is a position which tiie court would
very reluctantly d$lj. It ought not to be be-
licvcdthatthedcpanmeiit whichsuperintends
prosccut totis in criminal cases, would beinc!in
edto withhold it. Wi.at ought to doneuuder
such circumstances presents a delicate ques-
tion, the discussion of which, it is hoped,
will never he rendered necessary in this
country. At present it need only be said,
that the question does not occu. at this time.
There is certainly nothing before 'lie court
should c6ttipel me to look back on rjny part
of my official conduct with so much self
reproach as'I should fee', could I declare on
the information now possessed, that the ac-
cused is not entitled to the letter in ques-
tion, if it should be really important to him.
The propriety of requiring the answer to
this letter is more questionable, It is aj-
ledgod that it most probably communicates
orders shewing the situnl ion of this coun-
try with Spain, which will be important on
the misdejneanor. If it contains matter
not essential to the defence, and the disclo-
sure is unpleasant to the executive, it cer-
tainly ought, not to be disclosed. This is a
point which will arjpear on the return.
The demand 01 the orders which have
been issued, and which have been, as is al-
ledged, published in the Natchez Gazette, is
by no means unusual. Such documents
have often been produced in the courts of
the United States and the courts of England.
If they contain matter interesting to the
nation, the concealment of which is required
by the public safety, that matter will ap
pear upon the return. If they do not, and
are material, they may be exhibited.
It is said they cannot he material, be-
cause they cannot justify any Unlawful re-
sistance .which may have been employed or
meditated by the acsused.
Were this admitted, and were it also ad
mitted that such resistance would amount to
treason, the orders still, might be material,
because they might tend to weaken the en-
deavor to connect such overt act with any
overt act of which this court may take cog-
nizance.
The court, however, is rather nclined to
the opinion that the subpoma in such case
ought to be directed to the head of the de-
partment in whose custody the orders are,
and the court must suppose tl at the letter
of the secretary of the navy, which has
been stated by ;he attorney for the U. S. to
refer the counsel for the prisoner to his legal
re;rie iy for the copies he desiredj alluded to
such a motion as is now n
Th'e affidavit on which this motion is
grounded, has not been noticed. It is be
Iteved, that such a subpeona as is asked ought
to issue it there exists any reason for suppos
ing-tltat. the testimony may he material and
ought to be admitted, it. is only because the
subpu.na is addressed to those who adminis-
ter the government of this country, that
such r.n affidavit was required as would fur-
nish probable cause to believe that the testi-
m ny was desired for the real purposes of
defence* and not for such as this court will
forever discountenance.
Whenever sn eSecuyrrt oSiccr undertakes
to judge of the propriety of any law re#u»
'Iariy enacted, Ik assumes powers which
rightfulU bel mg to other;. It is not a sub-
ject for your or my consideration, whether
any particular ordinance or police regulati n
he popular or not; whether the execution
thereof be difficult or convenient, expedient
or otherwise : While any ordinance remains |
unrepealed, however inconvenient andtrou- I
blesome it may be to execute it, it is the
part of city officers to cause it to be put in
force ; and in this respect, every good citi-
zen will afford you his assistance when you
find any difficulty in the faithful discharge
of your duties.
It is painful to me to observe a shameful
negligence in the discharge of one duty
which is very important, which is enjoined
upon all constables, but more especially »ip-
those appointed for the city. You permit,
because you take no effectual measures to
prevent, tumultuous meetings of slaves, idle
boys and others, in '-he streets on the sab-
bath day, frequently for the purposes of
gaming, and sometimes in the vicinity of
churches, so as actually to disturb religious
c 'ngregations while engaged in public wor-
sh'p. That such conduct should ever oc-
cur, is disgraceful to our city ; that such
conduct should generally occur every Sun-
day, without being checked or prevented, is
highly disreputable to all public officers en-
joined to preserve the peace of the commu-
nity. Let me then urge you, let me insist
upon you to unite your best endeavors, and
zealously co-operate one with another, to
prevent this disgraceful profanation of the
sabbath.
In order to render your station as respect-
able as it should be, it is essential that upon
all occasions you should observe, towards
those with whom you have business to trans-
act, a civil and respectlul deportment. By
an Americsn brig, beating into Flosh'ng.
MayJ8, off the Me of Wight, spoke ship
Caledonia, Henderson, from Amsterdam,
for Liverpool, out 6 days. May 80, slVoke
ship Hebecca,Coni n, from Norfolk for Cowes,
out 14 days ; same day, spoke brig Eliza, of
Biston, from Norfolk, bloisdiig hard could
not hear where bound. June 18,long. 6S,
V:it. 40, 24, "poke ship Francis, of Portland,
ftera Liverpool, for Baltimore, out 41 days.
Came into the Capes 17th instant, in co.
with the three-masted schr. Jason, Davis,
of Baltimore, bound intoN •rfolk, in distress,
with loss of top-mast and lower-mast head.
Also arrived, schr. Agenoria, Driscol,
to days from Havana—rice and cotton,
Falls and Brown.
{17" On Sunday evening next, at r> o*clock,
Divine Service tvill be conducted by Mr.
Wydn'ivn, at the German Bajitist Meeting-
House, -west, end of the city.
Baltimore Gerfl Dispensary.
On Friday, the 19th inst. an Election of
twelve Managers, to serve for the ensuing
•vVnich shews that the letter ir. question con-
tains any matter, the disclosure of which
Would endanger the public safely. If it
does contain such matter, the fact may ap-
pear before the disclosure is made- If it
does ontain any matter which it would be
impiudeiit to disclose, which it is not the
¦wish of the executive todiscl >se, such matter,
if it be not immediately & essentially applicable
to the point, will of course be suppressed.
It is not easy to conceive that so much of
the lotte as relate* to the conduct of the
accus d, can be a subject of delicacy with
the president1! Every thing of this kind,
however, will have ts due consideration on
the toiorn pf the subnojaa.
3diy. It has been alledped that a copy
may be received instead of tne original, and
the act ot congress has Been cited in sup-
poil of this proposition.
This a'gurrent presupposes that the letter
required is a document filed in the depart-
ment of state, the leverse of which may
be and mo.-t probably is the fact. Letters
addressed ro the president are most usually
retained by himself. They do not belong
to any of the plv a' No. 20, North Howard alio t
June 19.________________ <1#|
YW.uecl to Purchase:,
A few Likely YOUNG Nff.GKCKS, fop .
wloch a generous price will be g'ive-n. In-
quire at this Office.
June 19 eo4tf
Wanted to Hire,
An elderl) or middle aged WOMAN of
gfootl character, to attend a young child. Ap-
plv at this Office.
'June 19. „_:____________ d
To Rent,
A two-story Brick Dwelling' HPUSE, cal-
culated for the reception of a larjre IVmily,
situate near the Precincts Market House ^—
The ti-o.t Room is fitted for » store, or
would suit for an Office. Application to ba
made at No 240, Ba!timore-sli\:et.
__ J tine 19._______ Saw
To Let,
A convenient two-story BUICK HOUSE,
corner of Fujitte and Pearl streets, near Fin-
ley and Tayh r's. There is ;i good Snioka
House, Oven, excellent water, and other con-
venience.:! on the premises. The rent will ha
moderate, to a good tenant. Inquire on the
premises. June 19. eo
For Sale,
A smart health}' Negro GIRL, betweej*
thirteen aid fourteen years of age. She A-iit
not be sold to miy person v»ho v.iU not en-
gage to keep her in this state. Inquire at
tins Office. Tone 9. cUt
General Dispensary.
Doetm DORSEY and BACON will be
supported as Physicians to the Dispensary,at
the ensuing election, by Contributors.
June "l7. «Mf
HANDELIAN CHARITABLE SOCIETY.
T'ie members of the Institution are hereby
informed that the evening of performance
is again changed to Friday, as usual.
The members are requested to be punctual
in their attendance on Friday evening next,
flrecisely at eight o'clock, as business of im-
portance to the Society •will be submitted to
their consideration.
HORACE H. HAYDEN, Sec'y.
June 18 d2t
BALTIMORE G. A"L DISPENSARY.
E.ttrac- from the proceedings of the mana-
gers at their meeting on the ISth inst.
". Kesoj-ved, That those persons who are
Candidates for ihe office of Attending Phy.
.-leiaiis at the ensuing election, be authorised
and requested to receive subscriptions to
this institution."
From the Merchants' Coffee-House Books.
June 18.
Arrived, schr. Belle, Hudgen, l6 days
from St. l'ierres, (Mart.)—sugar & coffee—
E. R. Partridge. Left, schr. Racer, for
Baltimore in 5 or 6 days ; brij> Nancy, for
Geoiyet >wn, (Potomac ) in three weeks ;
and ia or 14 others, belonging to the north-
ward, The brig Matilda, for Ncv-York,
sailed 1st June.— 14th, lat. 32, long. 73,
spoke schr. Carlt m, from Baltimore for
Havana, out 3 days.
Also, brig Potomac, Belt, fourteen
days horn sraca—coffee, hides and wood
—James and Charles Alstan. The Bri-
t sir Galliot Hector, from Whitehaven for
St. Domingo, was captured and sent into
Barraco.', 29th April ; the British ship E-
liza, trim Jamaica for Dublin, was taken
27th May and ordered for St. Jago ; the
British bris; Edgar, from Jamaica for Leith,
was captured 28th and arrived at Barracoa ;
the American ship Juno, from Jamaica, for
Norfolk, was captured the 27th May, re-
captured the same day, and ordered to Ja-
maica; the Swedish schr. Risk, from St.
Domingo for Philadelphia, was taken 25th
May and arrived at Barracoa ; the British
Patience, from New-York for Ja-
was taken the 24th and arrived at
and 10 sail of schooners and a
Sale-by Auction.
TOMORROW MOltNING,
(SATURD1X)
The twentieth instant, at ten o'clock at the
Venlue Warehouse at the turner ef Second and
Frederick-streets, ivill commence the sale of
A VARItiTY OF HOUSEHOLD AND
KITCHEN FURNITUltE, GLASS AND
CROCKERY VVArtE, 81c. belonging to the
estate of a deceased person.
Also,
An invoice of handsome Plated Ware,
A case of Cutl-y, consisting of Penknives,
Scissors, Razors, and a few seta of handsome
T;;l>le Knives and Fotks, fcr.
A tarre Beam, with chains, dishes and
alf a ton of Iron weights,
And
1 case Looking Glass-s, assorted.
THOMAS CHASE, Auct'r.
]utie'l°.
2» pipes Hoiiand van,
Just reveived, per Gray's Norfolk Packet,
and will be landed This Morning, for sale by
BUFfUM &. GOODHUE,
No. 84, Bowly's wharf.
J1 me 19. _______________________(I fit
Will be Landed To-morrow,
On Dugan's wharf, from on board the schr.
Relle, captain Hudgins,
76 hluls. ") , ^ ,..
( 1st. quality
Clayed SUGAR.
13 tierces,'
?Do.
8.5
do. brown do.
sloop
maica,
Barracoa ;
;ji!eete
:,loop had been recently captured and ssut
into Bairacoa, chiefly under Danish and
Swedish colors, names unknown.
Also, brig Telemachus, Jones, from
Trinidad (Cuba) and 11 days from New-
Providence—siyar, hides and sasarpanlle—
J. B. JaulTr, t and E. Valdor. Left at Nas-
sau, ship Flora, of New-York, from New-
Orleans for Liverpool ; had been ashore on
Caryfort, Reef; cargo discharged ; ship
repaired, crew sick uncertain when to sail.
Also, schr. Pretty Agnes, ilerideth, 9
days from St. Jago—coffee—the master.
June 115, lat. 33, long. 75. spoke schr.
Good Intent, from Baltimore for Havana.
Passed a brig and a schr. in the bay, bouud
up.
June 19.
Arrived, snow John and Joseph, Man-
ning, 39 days from Antwerp—Dry Goods,
Ac. Left there 12th May, ship Helena,
Smith, of Philadelphia, waiting permission
to discharge on account of having been in
England ; North America, Dean, of Port-
land, ditto ;¦ brig Diamond, Manson, Phila-
delphia, ditto ; ship Rose, Gardner, Phila
delphia, for Russia, next day ; Susannah,
Howard1, New-York, for Bordeaux, in 2
days ; Jenny, Myers, do. for do. in 8 or iO
days ; Enterprise, Green, Washington, N.
('.'for St. Uhes, in 2 days. Came down the
river in company with ship Eliza, Ilussey,
.of Nantucket, lot Lisbon. "Left at Flush-
ing 14th May, ship Hare, Barry, for Bor-
1 d-«iu.;, taking iu ballast-s^ijie day, pawed
16 bbls.
31 hhds.
3 tierces,
32 barrels,] Do- do" Mu"°vado do.
9!' bags Cassia Fistula and
8 tierces Green CoHee. For sale by
EATON R. PARTHIDUE,
At Alexander, Webster & Co. Counting house.
June 19._________________eo4ti:
WhaieTDil, Malaga Wine, tkc-
A small quantity of Whale OIL just re-
ceived and for sale.
Alto in Store,
Malaga Wine,
Shipping Cheese,
N. E Hum,
Young Hyson Tea,
Codfish in boxes, and
Fresh Rice, in whole and half tierce*.
Apply to FITCH HALL, Junr
81, Bowly's wharf.
Time 19-_______________ ' ______eoiit
Cotton and Rice.
Just received per schooner Agenoria, capt. Drit-
coil Jronb Savannah,
164 bales Upla.id Cotton,
110 tiercts Rice,
For sale by
FALLS Si BROWN.
Also in Store,
London Particular, \ Madeira Wine in pi-
Do Market, 5 iPs hhds. & err. casks.
Holland Gin,
Jamaica Rum. The whole entitled to draw-
back.
Also,
Petersburg Tobacco,
Young Hyson Tea.
J line 19.__________________d4t__
How vow Moonshine ?
In a few years will be published by subscrip-
tion, an original work, to be entitled
ICE CREAM,
By MM UX J C iS Co.
'Motto—" Ice Citam, you scream,
we scream, they scream "
Psas. Menboza,
" I vont says she, and she scream'd a
scream "
Price to subscribers, 25 cents per No. to
non-subscri;.t.» 12 1-...
June 19, St
Notice.
THE Partnership heretofore subsisting be-.'
tween us, umltrthe firm of Laban Welch*
is this-diy dissolved by mutual consent. All
persons having claims against said firm, may
receive the same ; and these indebted there.to>
are requested to pay their accounts to Labatx
W elch, who is authorised to receive the same.
JOHN BilEVITT.
LABAN WELCH.
June 19, 1807._________________d4t||
Stray Cow.
CAME to the Subscriber's plantation, oit
the 16th instant, a red and white COW, brand-
ed on each horn in two places ; the letters ap-
pear to be M- W and a gimblet hole in each
horn. The owner is desired to prove proper-,
tv, pay charges and take her n'ay.
SAMUKL DEAN,
Living near EUicott'sUpper Mills, Ualtim.
more countv.
June 19._________________ d3tlt
Valuable Lands, Nergroes &t
Stock, jor Sale.
By virtue of two deeds of trust from Thomti*
Ringgold, the subscribers will offer at publio
sale on the premises, On MONDAT the 23iS
day of November next,
THAT valuable Tract of LAND, caller!
Hopewell, situate within two miles of Ches-
ter town, on Chester River, Kent county,
Maryland, Containing about twelve hundred
acres of Land. This estate is in g-ood order
and will be improved, the land in of the best
quality, and lias a sufficient portion of wood
land for its support*
Immediately after the sale tf tie Laad, tuilL
he told,
ALL the Negroes, Stock and Farming
Utensils, appendant to the real estate.
On WEDNESDAY,
The 25th of November next, will be offered «»
public sale,
Tin* House and Lots now occupied.by Im
siic Spencer, esq in 'Chester-Town. That
House is large and spacious, and.well calcu-
latud, for the convenient accommodation of a
iarire family, the Gardens are highly im-
proved and well stored with a variety of ex-
cellent Fruit Trees. It lias'large St.blcs„
and Carriage Houses and every other couve--"—*
nient out house.
On the following day tvill be offered for sale on
the premises,
That valuable and productive estate, called
Uniting Field, together with the Negroes,
Stock and .Farming Utensils thereon, situate,
in the lower part of Kent County, on the
Chesapeake Bay, supposed to contain between
five and six hundred acres of first quality land,
this estate is :;lso we'd improved, and in higlv
cultivation, it abounds with Fish, Oysters &;
wild Fowl in the season, has a sufficient por-
tion of woodland, and is within a few hour*
sail of Baltimore and Annapolis.
And on the '26th of taid month, will be offend
for sale,
The Farm called Gresham's Levels, now
in the tenure of William Suns, situaie in
Kent county aforesaid, containing- about two
hundred acres of Land, of this tract nearly
one half is woodbind.
The terms of sale for the Lands, are onc«
fourth cash, the remainder to be paid in fous
equal annual payments witli interest, the pur-
chaser giving boad with approved" security,
and executing a mortgage on the conveyance
being made; the Negroes, Stock, iuc. will
be sold on a credit of twelve months. Pos-
session will be given on the first, day of Jan-
uary 8 8. Mrs Ringgold having relinguislt-
ed her right of Dower, in Ule above Lands,
they will be sold free of all incur,iterances.
SAMUEL RINGGOLD,
TENCH RINGGOLD,
Trustees of Thomas Ringgold
Washington County, Maryland,
June i'9.__________" lawt23dN_
French Silks cV Fancy Goods*
Just received per the ship Vict: ess, capt. Mad-
(iox, jronn Bordeaux,'
An assortment of Men and Women's Siiir
Stockings,
Dp. of different qualities,
Do. of elegant Damask Shawls,
Do. of Tortoise Shell and Horn Comb»i.
spangled and ornamented,
With a variety of Fancy Articles—For sala
by COKNTHWAIT & YARN ALL,
83, Bowly's wharf.
They have ako for sale, received per said vessel,
A few casks genuine old Medoc Claret, of.
the vintage of 1801.
Also on hand,
Ravers Duck, Fresh Imperial, Hyson,
Young Hyson and Souchong TEAS, Green
Copperas, Spermaceti Candles, and London.
Refined Saltpetre.
June ir._" d4t
Green Turtle.
TURTLE SOUP will be served upon tl*
Table of the Fountain Inn, on MONDAYS
and FRIDAYS, at 2 o'clock, unci from 11 till
2, in the Public Room, during the season,
by lAVliS BRYDEN,
N B. Privats FsjrjJLm tui b« i.rvtd.
J.in* U. i
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