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»«i
f,>i tin; diss'rp ition i;f this impending
A short nine after Mr. H.iy had conclud-
ed he was about to proceed to the examina-
tion of thewitnesses. gen. Baton was sworn;
when Mr. Burr rose and objected to this or-
der of examining tile Witnesses". He said
that Mr. Hay had not stated the nature of
Mr.- Elton's testimony ; but lie presumed
that it related to certain conversions at
Washington.—Mr. iiiy. . Our object is to
prove by him what is contained in his de-
position. Mr. Bin*. Then we call upon
them first to prove what the court lias alrea-
dy established to be the course of proceed-
ing, an overt act. Why waste 5 or 6 weeks,
to 11,. purpose ; at great expence and great
trouble ; & after all to know nothing which
is re... Ult to the point at issue ?
An argument then ensued upon this ques-
tion which detained the court till 7 o'clock
at niMit. Messrs. Botts, Wickham, Lee,
and Mai tain advocated the necessity of prov.
jng the overt act first. Mr. Wirt opposed
the motion.
He first laid a great stress upon the deci-
sion formerly given Vy thecoud, relative to
uae point, on the motion tor holding
¦col. 15urr t0 nkner ^ail ' ''1cy stated tila'
the'order of evidence was a part of the law
of the evidence ; that the court was to judge
of the competency of evidence, and that it
had a right to stop any evidence, which they
deemed immaterial; that it was of no avail
to prove inteiitiqn--, before an overt act had
been established ; 'hat as in a writ of eject-
ment it would be ridiculosto begin *tth the
boundaries before the title *as proved, so
it was improper to begin with the declara-
tions of col. B. or wiih any conversations,
unt'd the overt act was shown ; that these
declarations could only be admitted as con-
firmatory evidence ; that it vouid be pecu-
liarly hard on any individual for his whole
life to he exo>sed in a Court", every conver-
sation which he had he'd, or every mriocent
declaration whit* he had ever .11 da, bet re
it was known whether any actual crime
could be proved against him; that if the
prosecutor was thus proceeding to develope
the evidence as to intention only, the c .nrt
had a right to stop him, and require him to
Eive evidence of the act itself; that if it
Was not so, he mit?bt be going on to charge
a man accused of murder with a malignant
intention, when the man said to be murder,
ed was actually alive ; Or of Alson, when
the h use was starrdin.;. They cited a va
rifty of opinions and cases . judge Iredell's
opniion in the case of Fries p. 164. Vaug-
hart-'s case 5 St. Tr. p. I?-^2- Messenger's
a St. Tr. p. 585. 8 St. Tr. p. 219.
Mr. Wirt contended, that from the first
foundation of c -arts to this day, it was the
practice for (lie projecut r who was suppos-
ed to know the evidence best, to display it
in his own way; and that it would be a
disrespect to the attorney for the United
States', to wave this practice on the present
occasion ; that the chronological order
¦which the attorney was ab >ut to pursue,
¦was the lucid order ot nature herself ; that
the proper course for enlightning the minds
of the jnry was to take the conspiracy from.
its first birth toils consummation ; w .uld a
man be.nn s tale at the end of it ? Would
an historian commence the American Revo-
lution at the siege of York >. That the rule
¦Was t ¦ brinp; in nothing which did not
touch the issue ; but that the intention was
an important feature in that issue. And how
are thejury to be disposed of ? The court
knows they have no right to keep from
them any evidence touching the issue. If
the prosecutor state; that he is about to pro-
ceed to the intention, can the court say,
that it proves not the overt act, and then
send the jury out ? Iredelle's opinion in
Fries' case, p. 174*5. And who is to be
the judge of the evidence to prove the overt
net ? The court. Is the court to stopt the
prosecutor ? Is then the court to usurp the
right of deciding upon the evidence ? As
to the firmer decision of this court, there
were two circumstances to explain it : 1st.
The court wished to avoid poisoning the
public mind by a needless display of evi-
dence and called upon the prosecutor to
prove the overt act first. 2cliy- The court
was then both jndjre and jury. It might say
when it was satisfied with the evidence, and
when it might stop it : hut the jury is no <
to sit upon the trial and the court is stript of
' half its character.
The chief justice will most probably de-
liver the opinion of the court this day (Wed-
nesday.)
Adjourned till to-morrow 10 o'clock.
Half after 10 o'clock.
The court has just decided that the attor-
ney for the prosecution is at liberty to pur-
sue his own judgment ; and the court will
arre.it any evidence which does not appear
at its introduction to he relevant to the
point at issue. The opinion in our next.
BOSTON, August 19.
COMMUNICATION.
flit if as, August 1, iP07. _
A considerable sensation is excited in
this province, in consequence of a trial on
Wednesday last, the 29th ultimo. The Bri-
tish schooner Eleanor arrived here not long
snce.iu distress, and was seized by the col
lector of this port for being in distress, and
brought before the inquisitorial vice-admiral-
ty court here, which inquisition, without the
least hesitation, condemned the vessel and
cargo. An act so repugnant to humanity
Could not fail to excite resentment in the
breast of every man of feeling, and has giv-
en rise to inquiries and discussions which
are not very favorable to the British govern-
ment. It seems this court is not authorised
by the laws of this province, but consists of
thfl prosecution, accuse* p+e$le 0? every
thmg he can think of, without being obliged
support of his accusations^
but ftire '5 i) -oil! ¦ to prove that tJiey ,irc ir.ha
cut! The people ot this province have re-
vived the discussions thyrt took place at the
beginning of the revolutionary war ; the
right of the English parliament to pass so
infamous a law as deprives them of trial by
a jury, and establishes a court among them
that is a disgrace to the jurisprudence of a
civilised country. The British government
is using its utmost exertions to force people
to be its enemies.
TIip accounts, via Europe, of a revolt of
the Spaniards nt Buenos iyres, in March
last, and ofthe.fr having declared themselves
an independent nation, we are enabled to
state, on the authority of advices from the
Biver Plate of dates two months later, are
wholly unfounded.
The. emperor Napoleon has broken and
disgraced admiral Leissegues, for his conduct
in the sctisn ofFSt. Domingo, Feb. 2<>, 1306,
when bis squadron was destroyed by admi-
ral Duckworth.
Prince Jerome Bonaparte is to be created
Grind Duke of Hanover.
The Lond n papers state, that the pre-
sent British ministry very promptly and
pointedly discountenanced the impertinence
of captain Love, t,tan,
A clump bijilt ship and a brig ;rre coming
up, now ill sight.
NORFOLK, August 20.
Mr O'Connor,
The captain of the French frigate La. Cy-
bele, requests you to be good enough to add
the t ast of Mr. Force, the French c nsul,
to thi se published in the last Herald as gi-
ven at the Fete on Sunday last—it was omit-
ted through haste—please also correct the
one to the emperor, to read as follows :—
The Emperor Napoleon the Great the
idol of all Frenchmen the lienor of man
kind —.May lie live as 1 ng as his glory,
to be for. > er to? object of iiis people's love,
the terror of his enemies, and the admiration
of the universe.
By Mr. force.—To the perfect harmony
and UNIOiN that exists between the two
governments, and the two nations, France
and America.
The health to Na/ioleon was followed by
a salute of 2i guns ; that of Mr. Jefferson
by one of 17 guns ; 21 guns were tired the
evening that preceded the fete, accompanied
by a flight of rockets. Two other salutes
were made at sun lise and at noon. Every
officer and man of the CybjUe vied with each
other in doing homage to the great object
of the day -and the gaiety, haimony, disci-
pline and order that reigned on board, are
above all praise.
The captain of a northern sloop bound for
Charleston, and put in here in distress, is to
undergo an examination this morning at 10 .
o'clock, at the town-hall, in consequence
of information lodged against him. for sup
plying the British ship of war Leopard with
provisions.
NEW-YORK, August 21.
A) 1 tied,
The British Packet Prince Adolphus,Bonl
derson, froiri Falmouth, and 12 uays from
Halifax, with the Jane mail to June 18.—
Left at Halifax, brig Warren, of boston ; brig
Fair American, of Baltimore; and schoonei
Margaret Cable, of Philadelphia, all tried,
but laid over for further proof.
The ship O.ho, Sterling, 43 days from
LiverpooLwith coal, salt. e*c. Spoke, July
7, near Liverpool, ship fllioda and Betsy,
from New York, nth, in lat. 50, 30 long.
12, spoke the homeward born Jamaica fleet
of 30 sail ; same time, ship Nancy, D.i ies,
35 days from New York foi Liverpool, i-2tb,
1 St), long. 18, 30, ship I . .usij. Wit 11,
26 a, s from Virgi. 1a b 1 Liverpool i3i. ,
lat. 49, 20, lung. 10, brig Sally Ahn,20uay.-
fr m 00=1011, tor Rotterdam 15th, lal 48.
iii h ng. 2 , ship Charlotte, Cook 22 oays
from Providence lor Amsterdam. The ship
Washington sailed i2 days betore for New-
Vo,k.
The brig Atlantic Lynch, 11 days from
Antigua, with sugar and coffee. There
had been no late arrival at Antigua. The
ship Cotton Planter, of Ne«-Yoik, brought
in for adjudication. Ti e ship El z.i ot
Norfolk, from Foint-Peire, wascondemned.
The ship Aurora, S'Hitherland, from Bor-
deaux to New-Orleans had been discharged
captois paying charges.
Cleared, ships Elizabeth, Wappens,
Tonningen ; Louisiana, Manning. Savan-
nah ; barque Two Brothers, Gardner, An-
twerp ; brig Ceres, Daytoii; West-Indies ;
Eunice, Rogers, Havana; sch'r Dispatch,
Anderson, Jamaica
August 22.
No arrivals at this port yesterday.
Cleared, ship general Hamilton, Shaler,
Amsterdam.
our man sent from EliE
who under-
taken to rob people of their property with
nut a j::r\, 'With ut examining witnesses in
open court, and •wifhout f're-ving cry effettee
committed. The attorney-general undertakes
PHILADr I.PilIA, August 22.
Arrived, ship Eliza, Newman, Salem, iO
' dnys ballast ,• schs. Poliy, Basset, Passama
quoddy, 21, herrings and plaister ; Lively,
Nelson, N. Carolina, 12, cotton and naval
stores ; sloops Hope, Hoover. Richmond, 18,
coal and tobacco ; Malah, Prior, ditto, )2,
coal.
No clearances.
Ship Little Cherub, Wade, from Madeira,
is below.
Lar.arcito, August St.
Yesterday evening arrived, schr. Juliet,
Risbro,- from Laguira, with coffee, cocoa, ivc.
Sailed from thence on the 1st August:, and
left the Ranger, Manet, in 8 days ; Rich
mond, llartwel! ; brig- Polly and Betsy. Sel-
by, ail ibr Philadelphia ; sht'/i Thomas n,
44; .'.ca'-la, 44; Halifax, 22; Bermuda,
2i; Ob ervateur. iS ; Indian, of 22; were
repairing ill: the inmost drpatch.
" The La Vilie di Milan, of 44 guns,
1 aded with water was to sail for the Che-
sapeake on the 8th of August, and *»as to
take under convoy the late American brig
Eutaw. also loaded with water,
" Sailed in co. with the Packet, the ship
Orient, captaui'Bray, of Marblehead. for
Spain, part of her fcfffgo consisting of In
dia goods from Calcutta and exported from
Marblehead, amounting to 16,000 dollars,
had been condemned in consequence of a
decree of the judge of Halifax, " that all
manufactures from the c lonies of Great-
Britain, beyond the Cape of Good Hope,
and imported into America, and exported
from thence, would be confiscated, ii fallen
in with by his majesty's ships of war." The
judge remarked, that it was with great dif-
fidence he condemned the property, but
uould by all means recommend an appeal.
" The schr. Margaret K. Bailey, Fergu-
son, of Philadelphia ; brig Fair-Amencan,
Brown, of Baltimore ; brig Henry, War-
ren, of Boston, all laid over for further
proof, unable to procure security, therefore
the property must remain. 10 per cent.
Charged on the Eutaw and cargo uas sold
at auction, the judge has his part.
" The ere. of the brig Eutaw, Fair-
American, and schr. Messenger of alti-
nwre, Orient M Marblehead, and Warren,
of Boston, where discharged by captain
Douglas atthe request of the American cap-
tains : Al o 15 more American seamen
that were taken out of other vessels were al-
so discharged, and a subscription made up
by the Americans to support them. Also
fine man from the Indian sloop of war,
¦ r, ¦;.;¦-.
Fosl-Qfficc, Baltimore,
August 24, 1807.
The p iblic are informed that the Ivini ad-
vert s d by me in the Federal Gazette of the
22d instant has since come 10 band, viitli its
original contents.
CHARLES BUKRALL,
August ..'4
Sale by Auction.
On TUESDAY^
The 25/A insta-t, at 10 o'clock, at our auction
rv in, tit the head boxes Soap,
10 pipes B< rdeaux Brandy,
.. pipes Holland Gin,
23 .lull Moliwfrg. &.c, &c &c.
VAN WYCK.&. DokSa-Y, Auct's.
Aug-usl 24-
huic by Auction.
On WEDNESDAY Next, at 12 o'clock,
r The Sloop
^ CATHARINE,
"0> Now t\ nig ot Cole's whlfrf,
s^gMWSgg- Fell's Poin., Mir.hen 16 > toittj
with all tier miteriaU, as sh* arrived from sea.
Inventory to be seen at our auction looirj.
Tbo Catharine was fattlifull) built about two
years affn, in Wasoutfrton, N. C. Terms of
¦sale will ie madr known at the time ot sale.
V/vNJ WYCK. & DORSEY,'Aact's.
August 24 _______________s
1 "oi'deaux \v me.
LA11TTE, DVCHE' AND BARTHE,
No 17J, Baltimore street,
Have for s.ilc,
1 box Satin Ribands,
1 case embroid.-n .1 I.enoSc Cambric li'kfs
2 boxes Plain Tafietas,
1 do Plaid Silks,
'.'tru.iks men's and ladies' Stockings,
1 bale ? India Handkerchiefs, tine pat-
1 trunk 5 terns,
1 b-'X Thread Laces,
12.00 pieces Short Nankeens,
200 casks Bordeaux Claret.
The whole well calculated for the French
uid Spanish Market, and entitled to deben-
ture
Also on hand,
By the piece or dozen, an assortment of
plain and figured Ribbons, plain and piaU
Silk, s'Ik and cotton Stm kings, Crapes, Ban-
d mors ; Linen Cumbrick ; Cotton and i bread
L*<-esi. seminar.», Sewing Silk, Sarsnet, Silk
and Kid Gloves, Laces, Veils, &e. .xc. &c.
Ai.jj-nM Zi.________________________e-i8t
San'Uel W)(lown,
75, Water street,
Sat received via New Tor):, and offers for tale,
1 i;de Coatings,
.'! dp. Superfine Brbad Cloths,
1 do. Windsor :md Striped Cords and
Qniltings,
1 do mixt Sattirinets,
1 case Olive and Drab Drabbits.
A/to Entitled t<- Drttabiick,
3 trunks VW.ro n's Cotton Hose,
£ do. Silk CliriTibrays,
2 do 6inghif I b.i.'i C ti id) s.
ABM. LS-REW, 1st Sergt.
August 22.
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