Federal Gazette & Baltimore Daily Advertiser
1807/07-1807/12

msa_sc3722_2_6_2-0219

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Federal Gazette & Baltimore Daily Advertiser
1807/07-1807/12

msa_sc3722_2_6_2-0219

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Harriet, West,- 16 days from ,. Friendship, Lincoln, 9 days .n. pluister. Eight days ago, off ¦t shoals, spoke the ship Chili, from the pacific Ocean, for Nantucket, full of oil. dtay, passed a brig and a schooners ding in. Tht' soke. Fair \merican. Pritchard, in 10 days from Alexandria, flour." Below last night, the British ship Britan- nia, from Digby, N. S. ; a brig and two schooners. ( A British man of war brig was cruising of!'the Hook yesterday. Cleared, ship i'.etsy, Washbura, Oporto ; brig Eliza, Kisselman, Havanna ; schooners Sally, Loveland, Halifax ; Amanda, David- son," Milford ; Betsy, Knapp, Richmond 5 sloop Golden Age, Helmer, Newport. Obstructions of our Harbor. We cannot publish the following order of the common council passed last evening, without expressing our surprise, our sor ow and mortification, that such a step should have been taken. We shall hereafter take occasion to make some remarks on a subject in which every citizen of New-York, is less or more interested. Deprive it of its harbor, and it is no longer New-York. At present we shall barely ask if any clause can be pro- duced either in the charter, or in any sta- tute vesting the corporation with the power to interfere in any shape, with the harbor as far distp; t from low water mark as the place where they mean to lay these obstructions ? And whence do they derive their authority to tax the inhabitants, to meet the expenses of their artificial reef of rocks ? We fear here is more haste than good tfeed. IE. Post.] IN COMMON COUNCIL, august 31. Besolved, That eight piers be sunk in the channel, opposite Oyster Beef, without de lay. That the first pier be sunk 600 feet from said reef, and the others piers alter- nately at 500 feet from each other. That immediate notice be given in the public pa- pers, that contracts will be received at the comptroller's office, until the 3d day of Sep- tcmber next. The contracts to specify the number of piers each contractor will engage to sink, and the price per cubic foot. DIMENSIONS. 1st pier to be f3 feet by 50 feet—31 feet in height. Od Pier 50 by 50 36 do. 3d Pier, 60 feet at bottom, brought into 50 feet at top, in its position across the channel; and 70 feet at bottom, and 50 feet at top, to its position up and down the channel. 4th, 5th and 6th piers, similar to the third. 7th and 8th piers, 60 feet at bottom brought ill to 50 feet at top, each 50 feet wide. Extract from the mi notes, JOHN P1NTARD, Clerk. FEDERAL GAZET'J £. FMDAY, SEPTEMBER 4. PHILADELPHIA, August 3. Arrived, ship Charlottte, Stoddart, Ha- vana, sugar; sehs. Richmond, Hartwell, Laguira ; Mary-Ann, Morse Porto Cavel- lo ; Mark, Talbot, Passamaquoddy ; si ops Molly, Bockms, Providence ; G. Wasing- tton, Ferguson, Baltimore. Arrived at the Lazaretto, brigs General Eatsn, Graves, Havanna'; Neptune, Ken- nedy, ditto ; Polly and Betsy, Selby, La- guira ; Eliza, Kitchen, Matanzas. Cleared, brig St. Croix Packet Mayne, St. Croix ; schs." Christianstaed, Gurnbs, ditto ; Erect, Lake, Cuiracoa ; Regulator, Blanchard, Portland. First Baltimore Hussars, Y'ui will assemble in front, of the court- house, Rtl'iuf o'clock, ¦{¦Q.MORROW After. nam, ill stable dress complete, each member provided with pistols and sis blank cartridges. Toe roll will be called prr cisely at half past 4. All absentees will be fined. WM. B. BARNEY, Capt Sept 3. y Independent Company, You are requested to attend on your usual parade ground in Howard's Park, to morrow afternoon, the 4th instant, at 5 o'clock, prr. cisrly, in lull uniform, with arms and accou- trements complete. By order. SAM. STUMP, Sec'ry. Sept 3.____________________________ ATTENTION ! Baltimore Union Volunteers. It is staled, with regret, that yovr colors will not be finished beioro your next consti- tutional parade day, in consequence of the prevailing sickness, which has prevented the person executing them, from paying that at- tention which he otherwise would have done ; neverthelens, as.friends to order, your consttiu tion and laws, you will ine< t at your quarters on MwNUAY NEXT, the 7th instant, at half past one <,'elect, with arms an aocoutra- ttients complete, and twelve rounds of blank cartridges- The Roll will be called at 15 minutes past %. and ALL absentees lined. Bv order of the captain, JOHN WHITELOtK, 1st Sergt- Sept 3. '- Artillery. The members of the Baltimore'Volunteer Artillery Company will attend at their parade ground to-morrow (Frida'j) ut'terroon, at five o'clock, with side arms for exercise. By order, THOMAS PIN LEY, Sec'ry. The stated day- e rrteetiiig.for exercise be- ing fixed on Tuesday and Friday, at five o'clock, the members are requested to be punctjial in their attendance at the parade ground on the above days, with side aims. Sept 3. - dat LIST OF AMERICAN VESSELS That passed the Sound, from the 3d Ap: il to the 29th June last, received by captain Rernmonds,of the Ann,arrived from St. Petersburg, at New-York. April 3, Nancy, Pearl, of Salem, from Sa- vannah, to Copenhagen. 7, Exchange, Orne, of do. from London to do-. 16, Koboreus, "Ward, of do. from Savannah, to do. ; Rolla, Wells, of do. do. IV, Fame, Burroughs, of Newport, do. do. 26, Ranger, Sharbunie, of Bc'ltimore, from Wamar, to Bordeaux. 27, Polly, Groves, of Marblehead, from Bil- boa, to Petersburg ; Ann, Back, of Newbury- port, from Chaileston, to Copenhagen ; Per- severance, of Salem, do. do. 29, Minerva, Jenkins, of New-York, from Antwerp, to Petersburg. 30, Wells, Lamson, of Salem, from Savannah, to Copenhagen ; Mary. Da- vis, of Boston, from ditto, to ditto ; Mary, M'Lellan. of Portland, do. do. May 2, Pa- ragon, My rick, of New-York, from Charles- ton, to Copenhagen ; Nancy, Hall, of New- buryport, from Amsterdam for Petersburg. 3, viary, Smith, do. do. do. 4, Hope, Crafts, of Salem, from Gallioppoli for Petersburg. S, Exchange, Orne, of ditto, from Copenha- gen to America. 10, Ulysses, Haskell, of Salem from Boston, to Copenhagen. 11. E liza Ann, Cox, of New-York, from Amster- dam to Petersburg ; Cornelia, Hathaway, of Newbedford, from St. Michael, to ditto ; Ra- chel, Joseph, of Salem, from Antwerp, to Copenhagen. 12, Acorn, Folger, of Boston, from Lisbon, trlPetersburg; Roboreus. W. rd, from ( apenhagen, to East-Indie3. 14, Nan cy, Pearl, from Copenhagen to America.— 18, Triton. Appleton, of New York, from Lisbon for Petersburg ; Devotion, Noble, of ditto, from Amsterdam to Petersburg. 19, Edward and Charles, Drinkwater, of Port- land, from Charleston, to ditto ; James, Hoyt, of Newburyport, from Amsterdam, to ditto ; Joseph, Foster, from Lisbon, to ditto ; Hope, Clark, of Providence, from Amsterdam to ditto; Columbia, Rodman, of ditto, ditto, ditto; Respect, Andrews, of Newburyport, do. do.; Fanner, Lunt, from Charleston to Copenhagen. 22. Paragon, Myrick, of New- York, from Copenhagen to Hull. 23, Bru- tus, Blunt, from Portsmouth to Petersburg ; Admittance, Sampson, of Duxbury, from St. Michaels, to dr.. 24, Kipsay and Jane, Mat- tenly, of Beverly, from Lisbon, to do.; Nep- tune, Arnold, of Providence, from Amster- dam to ditto ; John, Bulcock, of do, for do.; Miranda, Wadsworth, of Portsmouth, from Amsterdam to Petersburg. 25, Pocahontas, Howland, of Boston, from Charleston, to Copenhagen.' 28, General Hamilton, Page, of Providence, from Amsterdam to Peters- burg ; Lion, Alden, of Portland, do. do.— 29, Aurora, Swett, of Boston do. do.; Han- nah, Blackwell, do. do. do. 30, Weymouth, Gardner, of do. from Savannah, for Copen- hagen ; Rose, Gardner, of Philadelphia, from Antwerp for Petersburg. June 2, Nurora, Masters, of Salem, from Charleston for Co- penhagen. 4, Hunter, Saunders, of Boston, from Charleston to the Baltic. 6, Abeona, Shaw, ot Savannah, from Copenhagen, to America ; Mercury, Corington, of Plymouth, from Gottenburg, for Pet-rsburg. 10, Mag- net, Bowles, of Boston, do. do. 11, Amen ca, Stickney, of Newburyport, from Am- sterdam to ditto ; Nancy, Shapley, of Ports- mouth, from Rotterdam, to ditto ; Laura, Cleveland, of Boston, from Nantz, to ditto ; Romulus, Hoyt, of ditto, from Porto, to do. 12, Industry, Hitchcock, of New York, from Nantz to ditto ; Mary, Holland, of Newbu- ryport from Amsterdam, to ditto ; Hesper, Gushing, of do. to do. 13, Messenger, Buf- fington, of Salem, from Amsterdam to Co- penhagen ; Factor, Whitney, of Beverly, from Amsterdam to Petersburg. 14. Tom, Seward, of Charleston, from Amsterdam to Baltic ; Grace, Linzee, of Boston, from La- vorna, to Petersburg ; Weymouth, Gardner, of Boston, from Copenhagen to London 18, Hannah, Roberts, of Newburyport, from Lisbofr, to Petersburg. 19, Factor, Reynolds, of Providence, from Savannah to do. 20, By field, Foster, of" Boston, from Savannah to Copenhagen; Swift,Noves, of Providence, do. do. 21, Belvidere, Wood, of Philadel- phia, from St. Ubes,to Stockholm ; Camilla, Wardier, of do. from Amsterdam to Peters- burg. 23, Pactolus, Bidford, of Salem, from Tonningen, to do. 24, Mary, Killerain, of Portland, from Honduras to do. 96, Sally and Mary, Cobb, of Boston, from St. Croix, to Copenhagen. 27, Susan, Delano, of New- York, do. do.; Robert, Leech, of Boston, from St. Croix, to do. 28, Little Ann, Laing, of Bristol, do. do. 29, Pamela, Tay- lor, of Charles, from Copenhagen, for Porto. In confirmation of the account from Al- bany, of the hostile disposition of the west- ern savages, we have seen a letter from a gentleman at the seat of government, stating that an Indian war is momently expected ; and that the governors of several of the western states and territories have been or- dered to make a detachment from the militkf for the purpose of repelling any aggressions that may be made. It is stated that these savages have been excited to hostility by a pretended prophet among them, who says that the English, French and Spaniards are the descendants of the good spirit; but that the Americans are the creatures of the wick- ed spirit, and ought to be destroyed. It is suspected that the English traders among them have givwi countenance to this wicked imposture. [V. S. Gazelle.'] The following paragraph is from the Au- rora of yesterday, September 3. It is the J standing boast of that paper, that it predicts j in truth all matters ot consequence that are | to occur; that it details faithfully and hon- | estly things as they do happen ; and that it \ possesses an extended and universal conn- , dence amongst its reader?. Such an instance ! will shew, as fully as whole volumes of de- clamation, what is the real character of that 1 paper. Trom the Aurora 0/ Sept, 3. It appears, after all, that ttie late pirati- | cal enterprize in the Chesapeake Bay, on the ship Othello, is a brilliant atchievement of our good friends the British—but no doubt the British prints will say it was " unau- thorised." ... We are informed, tiiat the Governors oi Ohio, Michigan, and Indiana are imme- diately to be called on, by the government of the United States, to out forth the re- yuisite militia to check the hostile spirit, which is manifested by the Northern Tribes (supposed to have been instigated by the English Traders among them) and, if ne- cessary, to chastise t'-.e Savages.. [FbiZ.. Register.'] A ne* party is said to be forming in Pennsylvania, which are designated by their leader or founder, from a Creole epithet— Quadroons—this epithet is appropriate e- nough in another view, since they are only the successors in fact and form of the third party or quids, and consist of the same ma- terials, pursue the same measures, affect the same public spirit and disdain of fede- ralism, with which they secretly combine, and whose only hopes are founded on sow- ing divison, and preserving the places held by loyal servants of the reigning Dyonisi- us. [Aurora,} It was yesterday rumored in this city, but we do not vouch for the correctness of the rumour, that general Hull, governor of Michigan Territory, had retired from the attacks of the Indians. [N. Y. Paper.'} The Porto Rico Gazette, speaking of Miranda, says he is no* reduced to the sta- tion of an overseer or negro driver of a su- gar plantation, and a greater part of his ar- tillery and military stores have been pur- chased at less than half price by the Span- ish government, and are now at Porto-Ri- co. TRIAL OF AARON BURR, (Continued by adjournment and held at the ca pltol In the hall of the house of Delegates.) for high treason against the United States. On Friday Mr. Martin resumed the dis- cussion on the important motion before the court ; and spoke 8 hours. On Saturday he continued his argument and spoke till 3 ; that is jfc hours in all. He was followed by Mr. Edmund Ran dolph, who spoke until 5. * We intended to have commenced in this number our sketch of the arguments of counsel on this question—but not being furnished in time with the notes of one of thec'ounsel and this argument assuming ad- ditional interest from the circumstance of its being almost certainly the concluding argument on the prosecution for treason, we have determined to reserve it for our next paper, to give it more correctly and in greater detail. Monday, August 31. This day the court met a fem minutes af- ter 11, and the chief justice was occupied until half alter two, in delivering the opini- on ot the court, on the motion before it. The opinion was of course extremely elab"- rate and voluminous. We shall present a complete copy of it as soon as possible to the public, and in the n.ean time they must be satisfied with the following statement of its principal and very interesting conclusions. The folio . ing explanation will make those points more intelligible to our readers. The counsel for Mr. Burr stopped the interrogation of Maurice P. Belnap, who was examined on the 20th ult. and moved the court to exclude further evidence upon this ground that the accused was proved not to have been present at the time of the o- vtrt act laid in the indictment? In support of this motion they urged the following reasons: 1. That Burr not being present was mere- ly an accessary, and not a principal, and therefore not punishable under the consti- tution and laws of the U. S. 2. That if he was a principal he was a principal only in the second degree, where guilt is orerely derivative, and that therefore no parol evidence could be admitted against him, until a record was produced of the conviction of the offender in the first de- gree. 3. That the fact mst be proved as laid in the indictment- and evidence proving the accused to have been absent at the time of the overt acts is inadmissable to support an indictment charging him with the commis- sion of that act. 4. That no parol evidence could be gi ven to connect the prisoner with the men assembled on Blannerhaseett's island, until an act of treason in these men was proved ; and that the assemblage there was not an act of treason. We understand that in the first point, the opinion of the court was, that a man might commit treason in le ying war a- gainst the U. S. without being present at the the time of the overt act alledged in the indictment. Being leagued in the general conspiracy and performing a part in it was deemed sufficient. The court admitted the second and third propositions to be correct. On the fourth point, the court gave a ve- ry long and a very elaborate opinion as to an overt act of levying war. The opinion delivered by the supreme court in the case of Bollman and Swartwout, was declared to be not correctly understood, and that there must be, before an overt act of treason is completed, either the actual employment of force, or a military assemblage of men, who are in a posture of war. As soon as the chief justice had conclud- ed, Mr. Hay rose to observe, that the opini- on just expressed by the court, famished matter for the very serious consideration of the prosecution, as he had not very dis- heard every part of th§ opinion, he hoped the court would .allow him an hour or two for its more complete consideration. He requested also the use of the opini n, for h:» moic particular inspection. Some desultory conversation ensued on the possi- bility and propriety of printing it for the use of the court. This arrangement was h wever waved, when Mr. Hiy requested the chief justice to permit him to have the use of the paper itself The latter express- ed some doubts about Mr. Hay's ability to decypher it, but cheerfully conceded to the request. Mi. Hay moved an adjournment of the court until Wednesday, 12 o'cl ck, which Mr. Lee objected to, on account of the nimber of witnesses who were detained on the trial ; and Mr. Randolph, on account ot the inconveniencies to which it would subject some of the jirymen. The chief justice then proposed to adjourn the court till 6 o'clock this evening ; by which tune, perhaps, the counsel for the prosection might determine on the course \hicti they would pursue. Mr. Wirt observed, that it would take at least till 6 o>iock to decypher the opinion. Chief Justice. We will adjourn the court till 6 o'clock ; and if the prosecu- tion are not ready, we may adjourn till a more distant time. Mr. Burr. I would ask if necessary, that the jury should in the mean time go more at large. This proposition was finally rejected. The court adjourned at 6, without doing any thing. Tuesday. II o'clock. The court met at 10 when Mr. Hay ad- dressed them-*-' I have looked into the o- pinion, and have neither aigument nor evi- dence to offer to the jury.*' Chief Justice, The jury may then retire. Marshal conduct them out. The jury ac- cordingly retired. After an absence of 45 minutes, colonel Carrington, their foreman, reported the fol- lowing verdict, endorsed upon the indict- ment. " Me of the Jury, find tbat Aaron Burr Is not proved to be guIlty under this indict- ment by a y evidence submitted to us. We therefore find him not guilt?." Mr. Burr and his counsel objected to en. tering this form of the verdict on the record. The court at length decided, that the verdict should remain on the indictment, and that the general verdict of not guilty, should be entered on the record. Jonathan Dayton appeared. An affidavit was exhibited to prove that he was not at Blennerhassett's island at the time charged in the indictment ; and he was accordingly discharged trom it. He was thqn adimted t . bail on the indictment for the misdemea- nor in the sum of 10,000 dollars. A. Mr. Williamson of New Jersey and Lather Mar- tin *ere his securities. Mr. Hay informed the court that the counsel for the United States had not de- termined on the course which they should pursue ; whether they should proceed to the trial of Aaron Bun on the indictment for a misdemeanor, or whether they should move the court to commit him for his trial in Kentucky where an overt act is said to have been committed at the mouth of Cum- berland river. From the rapidity ot Mr. Woodbridge's utterance, some Errata have necessarily crept uito our statement of his testimony. As we wish to catch every beam of light that can be shed on this interesting trial, «e think it proper to correct them, in Mr. Woudbridge's own w ords. ERRATA--First column D. Woodbridge's testimony—answer to Mr. Hay, " colonel Burr wished to give me a draft on New- York for payment, &c." Instead of which say, ?' I agreed to take a draft on New-- York ; but expressed to Mr. Blannerhas- sett, who handed me the draft, my dissatis- faction at the long sight on which it was drawn ; viz. 90 days ;" observing that the draft would not fall due until after the time in which the boats and provisions were to be delivered, and that I wished to run no hazard. Mr. Bl. with some warmth asked me if I doubted col. Burr's honor, and ob- served, that he would relieve my fears by guaranteeing the draft. Second column of D. Ws testimony- question by Mr. Wirt, " In having these boats built, did you understand they were built for Burr, or for Burr and Blannerhas- sett ?"—Note—If this question was asked, I could have made no other answer, than that they were built for Burr, Mr. Blannerhasset did not, as was stated tell me the use that was to be made of the boats. In my narrative of Mr. Blannerhas- sett's communication to me, I am made to say, " I evaded his question, but could iiot avoid telling him I thought my situation better than a precarious one."—I did n t evade his question, but did tell him I thought my situation better than a preca- rious one. Ansu er to Mr. Wirt's question—instead ol " his landed property cost 50,000 dol- lars," &c. Say the Island and improv- ments cost about 40 or 50,000 it would not however sell for near that sum, except to a person of similar taste, with Mr. Blan- nerhassett. Mr. Hay's question—" If delivered to Blanntrhassett, would you not have consi- dered yourself as delivering them (the boats) to one of Burr's associates ?" 1 made to answer " I do not know what I should have thought."—It is impossible that I should have made that answer, for 1 just before stated that Mr. Blannerhassett had told me he had embarked with col. B. arid I never had any reason to doubt it. With respect to the questions generally about Mr. Blannerhassett's property, I did not speak positively. The expression l:u:ci Tyler, I was positive in. [lLiqulre?.~] .Fori of Bidthilore* Cleared, Sch'r Nimrod, Fitch, St. Sebastian Minerva, Sorenjon, St. Jago de Cuba From the Merchants C'offer-House Bookh . September 4. Arrived, schooner Francis, Merrill, front Portland. Monday evening, off tht- capes* saw onp of the British ships bring to the ship G!B6i; of Salisbury, front Cadiz, bound to Norfolk Pas&ed in the bay, ship Sally} with mr. Biays' signal. Woo,ens. J A WtiS DAl.L Of CO. If.ivs imported from. Liverpool, per the *hitij Q* thellv and Qfviaiua t: e p' incipal part tjf their WOOLEN ,. And daily expect their fine Goods from London Sept 4________^_______d5t-eo5v. Pickling Vinegar. The subscribers liuve on 'land, a quantity of VTNBG \Rj tit for Pickling, which they will sell by the hogshead, barrel, or gallon. TEAS. ALdO, A choice selection of TEAS, ptrticnbn-ly chosen fur retaili.ijf; and a rreneral assoi-t- mi- it of GROCi'. iuES ; widJh t!u> vriil sell wholesale or retail on moderate terms Kli.ILY & UUKIiHAllT. WM. K1LEY Han also 011 hand at his Factory, on East. s(reet, a good assortment of KOCTs and SHOES, partieularlyjtnadefor horde consump- tion ; where measure* will be taken, and or- ders punctually complied with, with ueatneBJ and dispai th. 9th mo. 4th. Ca-uSt To Lit, That commodious three story Srick HOUSE, in So illi Chailes-streer, l\o I'M. Possession may be had immediately Apply at the pro- mises, or nest door'. ____Sept 4.____________¦__________2°ril-_ Fall Gotxis. One hundred and hat-packages of WOOL- EN & Ct.TIViN GO* DS, adapted tu horn* and export trade, now iaiding from tnc O- tliello and C inawa; for sale by PETEK HOFFMAN & SO^. Sept 4^______________________: eni(n For Sa e, By Cff: Dy.SflONi A> v 57, Smith', wharfs 1200 bic;s Grten Cott'ce, ¦20 holts best Holland Duck, 200 boxe* Ci'.ile Soaj>. ___Sept 4-____________(___________eoSt Forty Dollars. Reward. Stolen frem a team at John Side*' Tavern, 8 m'd.-s from Philadelphia, on tile Lancaster Road, an Thursday night, tlu- 27th 0 Au- gust, a chesnnt or brows bay STt; D HOHSE, t> years old this tall, 17 hands h.gti, stout made, trots and canters. Iladoi a ii«ck»trap and chain, doubted with a rwler at th huekcl, about halt' an inch of his near ear bitten off j robbed on botli sides byvbe haimss., and ceoc rally marked with the gears ; has three cw 101 r severe cuts of a whip on the rigttt hind thi^i , .i bur spot on one of his pasterns ; on : tT his 'rant teeth hal! rotted oT. WhoeVtt takes up said Hnwe1, so that 1 get hira again, shall receive .'5 dollars, und rea- sonable charges ; and lor securing ihe lhi> t. Si that he muj be prosecuted, filteen dollars, to be paid l.y the subscribes-, li ing hi Lei- eock Township, Lancaster c omitv. PHILIP STR \W. _Jjept_4:_____L____;____________ ^ i John Vance and Co. No. ITS, Marbt street, oppisite the Onion Bank, luxe this day recent.'. Clarinets, wi'li Books of Instructions fordo. A collection of New S-ir.irs, set to Musi'-, and Suuif hy Webstei, VVoodham, ( _____ __ United Baltimore Rangers. You are requested '<-<> attend at the usitaj place oi' parade, on the afternoon of Mmidfte, the 7th mstar.l, at five o'.dock, pre-.'is' i-ill uniforrttj with arms an 1 aceoatNmients; Punctual attendance is required. By order. WESLEY WOODS, Sec'ry. Sf.pt 4.______________t________________ Ordered, That the Balti- more Independent Blues meet in col. How- ard's Park, on Thursday Evening, the 2d in« slant at 4 o'clock They are farther ordered to meet on Fri* day Evening', *th instant, at." o'clock pre. ri9»'y, at the Court-House, in complete uni» form, w th arms, kc. • JOHN HUTCHIHS, Sec'ry. September 2#