 |
|
|
 |
|
 |
|
|||
|
||||
|
||||
|
Federal Gazette & Baltimore Daily Advertiser 1807/07-1807/12 msa_sc3722_2_6_2-0283 Enlarge and print image (5M) |
|
|
|
|
|
|
|
|||
|
||||
|
||||
|
Federal Gazette & Baltimore Daily Advertiser 1807/07-1807/12 msa_sc3722_2_6_2-0283 Enlarge and print image (5M) |
|
FSDliU.
L GAZETTE.
-
i ¦
'
i
WEDNESDAY, SEPTEMBER 23.
From our Correspondent at l^ew York.
^few-York, Sept 2i.
" The ship Science; Howard, from lion-
d-n has arrived at Sartdy-Hpok—she will
protably bring news, as she was left at
London, by the last arrivals from there."
Lnt,-'' Proceedings at Richmond.
Wednesday, September 16.
Mr. Burt observed, that he should wave
th<- right to which he wa> entitled, of put.
tin ' a-i e id to fhis t¦ ¦ •»'xiry at the! present
time ; bit as much had he-n boldlv said
about !.is levying war in certain place-;, he
was willing o indulge the gentlemen in the
production of relevant testimony. If they,
however, wandered from that line, he should
immediately frrratr t lie investigation of.the
]a¦.• h "fore liie cuirr. He also demanded a
speeificatidri aflhe charge irl ide against him.
The Cine! fustics observers that the speci
fie charge as levying wtir at tjhe mouth of
Cumberland river. Mr. Mafttn denied that
this specific charge had been yesterday
wade.
Mr. Flay stated th it this difficulty had oc- I
curred respvetin^ the jilrisdictiori of the j
island at the ujoirth of Cumberland river ;
that he had been informed, that this island 1
had never treti ceded to Kentucky, and
i.li.-.t it siill belongs to Virginia : that if Mr.
Burr were then sent to Kentucky, he might
be sent back again ; and that, even if he
was tVrbftg in Impaling the offence, it was in
the power of fhe court to send him to ano-
ther district; The only arrangement, how-
ever lh.it .'.'as now to be made was whe-
ther Blaivnerhasseft and Smith should he in-
cluded in the snmemoti >n. Mr. Wickham
ohjec'ed to this arrangement, because their
c unsel was different, and because the testi-
mony applicable to each might be different.
Chief Justice. Let the examination pro-
ceed ; and if any confusion should occur,
the division may then be made.
Mr, Martin insisted on the specification
of the charge. Mr. H.iy then produced and
read the following paper .-
The attorney of the United States for
tl'.e Virginia district, charges Aaron Burr,
Hariiian Blannerhassett, and Israel Smith,
•with treason, in levying war against the U.
States, and cftarges that an overt act of le-
vying warwascommitted on an island whose
ji ime is not known, at the mouth of Cum-
in;, laud river, in the state of Kentucky, and
that other overt acts of levying war were
pommirted at Bayou Pierre, in the Missi-
p'ppi territory, and on the Missisippi river,
be! een ihe places above named.
The attorney for the United States then
called fam.-s W. Dowell, who gave the fal-
lowing evidence :
In December I was at Wheeling, and en-
gii.ied with -me William Dean to go down
Hie river t j New-Orleans, to t,:kc down a
boat loaded with fl.mr and whiskey. We
¦went down the nvei with the b at from
"Wheeling to Shawnee town ; & here I ~aw
Mr. Blannerhassett, Smith, Tyler, and many
others. Fr m that place *e went down to
the mouth of Cumberland n?er in company
with these gentlemen. f_l\Tr. Hay Where
is Shawnee to n ? A. It is below Blanner-
hnsstti'-, island.~\ It was at the mouth of
Cumberland tint I saw col. Burr for the
fii>t tune. We all went up to the beach,
•where he was introduced to us all ; and
there he formed a ring or circle where he
told u , it was not a proper time to divulge
his 'tcreis—there were too many bye-stand-
ers.
Col. Tyler, and Mr. Smith, and Mr.
T>ea:i and Blennerhasset stood together and,
lit- told c 1. Tylor he might tell the gentle-
men engagi d what he thought proper, and
cjl: T. said he would inform the captains of
t e boats ; for each boat had a captain.
.Col. T. said he would let them know" where'
they were going, when they got to Nantz
de Grace (New Madrid, as some call it )
Mr ean sold the boat he went down in
to Com?lit Tyler and Israel Smith.—Then
we proceedtd in g»iuj d iwn, till we got to
New Madrid, where we expected to hear
some encouiagement for going down ; and
there we were told by Comfort Tyler, that
when we got lower down, they would tell
us. Thev appointed two or three places,
bat they never sa v one fit for it. We went
down to Uayou Pierre.
Mr. Burr, Gentlemen have set out to
prove an act of war at the m utli of Ciim-
berluid river. We shall presently o. jeet
to iiiat kind of testimony, they are now
bunging forward.—Mr. Wickham. It is
understood that these exceptions are all be-
fore t he cotrt.—Mr. Hay. We are not
now before the court—Mr. Wickham. I
understand the gentleman. We sjre not be-
fore the court to determine objections to e-
yidence-----Mr. Hay. All that I say is we
are not before ths Court to hear a regular mo-
tion, but to determine a motion tor commit-
ment. Let all the evidence be produced ;
and the bench will then determine upon a
ny objections, that may be urged. Mr.
Wickham, if we start objections, I presume
that it is right to hear them. The c urt
will not surely hear irrelevant and illegal
testim my. There are surely manifest rea-
sons, whV this kind of evidence shall not
be introduced. Every atom of it is taken
do vn ; published in newspapers, and cir-
culited throughout the world. As there is
no reason to expect, that this prosecution
will be droped ; as a motion has besn mads
S> try him in Kentucky; it is improper to
publish this evidence and to prejudice the
public mind against col. Burr.
Mr. McRae. The evidence that we offer
rela.es to one of the very charges urged
against him ; foe it euibiac.es his conduct
at Bayou Pierre.—Mr. Burr. It will be sa.
ving tune, if. the gentlemen will confine
themselves to Kentucky. I shsil not inte*
rupt them : hut if they t;o into the Missis-
sippi territory, I shall certainly state obj°c-
tions, which the court will suffer t, be
heard.
Mr. Martin. Let them prove an overt
act first ; and then there will be a ¦sufficient
foundation for the introduction of this testi-
mony.—Cb Justice. That suggestion is for
the consi lerati n of the counsel f ,r the Unit-
ed Stares. But if the accused is prepared to
state any objections, to going into the Mis-
sissippi territory, I must hear them.
Mr. Hay I will submit this idea to the
consideration of the court. Ought the vit-
nesses to be detained here day after day ?
Let the evidence be first heard, and the
court may then determine, which part of it
is to be laid out of view. Mr. IPrt sug-
gested that to avoid the expence of d- taining
the witnesses their evidence, might bereduc^
ed to depositions. Mr. Burr- I presume the
ge t i men will first ask my consent. Ch.
Justice. If the witnesses are absent, their
affidavits can be heard. But if they are
here, they must be produced.
Mr. Burr. Do I understand gentlemen
as insisting on going below the line into
Mississippi territory.
Mr. Hay. I see no objection to going
through the whole line of the march.
Mr. Bolts objected to the production of
such evidence on 3 grounds :
1. That no evidence of acts in the Mis-
sissippi tenii-iry was admissable, by the 33d
sect, of the judicial act. Mr. BotU contend-
ed that according to this act of congress, a
person arrested is to be bailed or imprisoned
for trial, before such court of the United
States as " by this act" had cognizance of
the offence ; that the Mississippi court was
not a court of the United Slates within the
meaning of its 3ad sect. ; they by this act
that court has no cognizance ; that the
word " district" which is so frequently us-
ed in that act applies entirely to the states
and not the territories ; and that this court
cannot judicially hear what it has no cogni-
zance of.
2. fhat tie verdict of acquittal operated
as a bar to any trial for the charge no.v laid
by the attorney ; that this charge was in ef-
fect the same offence for which he had been
already tried and acquitted, and that by the
constitution and by common sense, no man
could be twice put in Jeopardy for the same
offence that treason was one continued and
indivisible act ; and if it was infinitely divi-
sible, that a man might be subject to infi-
nite persecutions ; that the United States
had the evidence hefore them : they had
then the selection of places to try col. Burr
in ; and if they had made a wrong selection,
it was their own fauit: that no instance nad
occured m the English reoelli ns of '15 or
'i-5, where a rebel had had two trials ; and
that if such had beentne usage in England,
L >rd George Gordon might have been tried
in St. George's fields, aud it acquitted there,
at Mom fields ; at Lincoln's Inn Field's ;
at G. Queen-street 6cc.
3. T! 1 at col. Bur had been already ac-
quitted bv an inquiry of a j^rand jury in the
Missisippi territory ; that upon such a report
here, a person in custody would be disctiar-
ged ; and after this discharge, couid the
caurt recommit him for the same .ftence ¦
The latter point was in effect abandoned
by the accused in the course of the argu-
ment. Col. Burr however observed, it
might address itself to the sound discretion of
the court.
Mr. M-Rae replied to Mr. Botts, and ex-
patiated over a wide field of argument and
statement.
Thursday, September 17.
Mr. Hay resumed the argument. He
was, folio.-,ed by Messrs. Martin and Wick-
ham, who were answer,d by Mr. Wirt.
Mr. Botts replied to Mr. Wirt.
briday 18.
Yesterday Mr. Randolph closed the ar-
gument—After which the chief justice deli-
vered the opinion of the court; that he had
itop.wet to commit for trial in the court
for the Missisippi territory, and of conse-
quence that it would be improper in him to
go into any inquiry on a subject on which
he cannot act; that as to the operation of the
autrefois acquit, bis judgment was not deci-
dedly formed ; and that he should therefore
hear the testimony relative to the conduct of
the accused within the United States, and
should in the mean time reflect further on
this subject.
The attorney for the United States then
p ocee.led win the examination of James
JV1. Dowell, William Love and Thomas
Hartley, who were called in to prove the
military assemblage at the mouth of Cum-
berland river. The testimony was not suf-
fered to extend belovv the Chickasaw Bluffs,
the SW frontier of Tennessee. Mr. Burr
even objected to the admission of any evi-
dence on the Mississippi ; because the
boundary of Tennessee did not extend be-
yond the margin of the river. This point
was not definitively settled.
Mr. Hay observed, that he had one other
witness to produce (Jacob Dunbaugh) rela
tive to the assemblage at Cumberland river,
who would prove a quantity of arms there
collected ; that he weuld then "efer to the
court, how far the evidence produced proved
an overt act of treason,! and if it did, that
then be understood he was at libeity to pro-
duce his ither testimony (within the United
States) in the nature of collateral or auxiliary
testimony.
Mr. Wickham proposed to introduce at the
same time the witnesses of tiie accused rela- \
live to this same point. Agreed.
Adjourned till this day, (Saturday,) ten
o'clock.
Alexandria, September 11.
Thomas Stockdale, a citizen of the U.
States and born in.Harford c unty, Mary-
land; arrived at this place on Sunday mora-
ing last by land from Lynn-Haven bay,
having about eight or nin« days since made
his escape from the British ship TarDar,
captain Robinson. He states that they sent
him together with, two officers and five sea-
men on shore in distune to procure fresh
provisions ; that while the officers were at
a fanner's house procuring them, he the
said Stockdale with two other seamen (En-
glishmen) made their escape thro' the coun-
try the two Englishmen went to Norfolk,
and he having been registered as a seaman
in the collector's office of Alexandria made
his -iay here after having been on board
said vessel for three years—he never accept-
ed any of his majesty's bounty.
Tne farmers at Lynnhaven Bayare in the
practice of furnishing the officers of the
British ships with fresh provisions, in con-
queuce of iheir going on shore and calling
tuemselves Americans, being in disguise as
such.
SIIERIEFALTY.
Sale by Auction.
Will he added to our s.ile to-morrow, th>: 24sth,
at 10 o'clock in the Jo>ennnn,
A handsome secondhand tjiG with har-
ness, co nplete— ami two ahurrs .n the Baiti-
.11 re Library,
A (1 3 quantity of superb Engraving-s, ele-
g-ai tly framed and glazed
COLE ft i BONSAL, Auct'rs.
Warehouse back of the Union B»n» of Ma-
ryla ;, e ,trance from South Chinles street.
Sept. 23. ____________
Sale by Auction.
T KVIORItUW MORNING,
The ti.h instant, at 10 o'cloak, at the Vendue
Wawi. use at tne corner of Stcotid tSt Freue-
rici-streets, Wilt Commence, the sale of
I iie following1 Articles, viz-
2 bales Mali' Thicks,
2 do. White K rseys,
2 do. Fearniinirhts,
1 case f willed Velveteens,
1 hale tine blue Plains,
1 bale Coatings,
3 bales fine white Flannels,
2 bales hocking Bsiises.
Also, ii, lots for cash,
Part of the two unoi es of Dry Goods, re-
ceived 110m trustees, and must be closed
without ivs.-ive.
And at 12 o'clock precisely,
36 hhds. and 40 bids. Muscovado Sugar,
Ui boxes Havunna white do.
24 casks of the first ijuality Claret,
20 put cheoiis of very fine Antigua Rum,
1^ pipes Holland Gin,
70 bugs good Coffee.
And
13 pipes of old Cogniac Brandy for cash.
THOMAS CHASE, Auct'r.
Sept 23____________^^________________
Sale by Auction.
Is now landing, anil mil' it added t> the sate to-
tnorrmv at 1. u'clock,
"0 boxes Brown «)d While Su^ur,
18 obis very Given Coffee,
Sou ooxes Spainsn Sugars,
And
22 tons Fustic .
iHOMAS CHASE, Auct'r.
Sept 23.
John Marshe, Broker,
Has r. moved his -iffice from Gay-streets
to No. _9, Water-street between the cus-
stoiii and Market-houses, where he will con-
tinue . 10 act in the wjove capacity;
lie %v. n s to purchase,
A few shares of the Mechanics' Bank of
Haiti more
And offers for sale,
Sixty Shares o the Union Bank of Mary-
fand. September Jo. 2aw4t
Just Received
Per schr. B.ile, jrom Martinique, and/or sale,
67 bS'j W1,ile C1")ed SuSar«
6' $?*:i Brown do. do.
7 olds >
7 hhdg. first quality Muscovado do.
32 bap 3
And ab ai 10 000 wt Cassia Jestuta.
EATON R. PARTiUDGE,
At A. Webster & Co's. C. H.
Sept S3.
eo4tJ
Best Pickling Vinegar
4 000 gallons Genuine Cyder Vinee-ar,
500 do. White Wine do may be'h.'dof
the subscriber by the hhd bbl.or less quanti-
ty, at No. 49, No th Howard-street.
WILLIAM J. ALCOCK.
tvP' 3 d4t
i he Subscribers
Having t'aclined the Dry Goods Business,
will thank those indebted to them to make
immediate payment—ata those having claims
against ns, to bring them in for settlement
JOS. C. & JiNO WH'TE.
Sept 23._________________________¦•dadt;
Rye VV iiiskt;y
350 bbls RYE WHISKEY, for sale!>v
CAMPBELL P WHITE.
d4tf
Sept 23._________________________________
?BARCLAY & M'KEAN
HAVK IMPOKTED
FALL GOODS.
Sept 23. _ d40tj:___
Gooding, Hutchins, and Co.
Have imported in liie late arrivals,
Superfine Ooths and Cassimeres, Calicoes,
Muslins, Uimiiies, Shawls, Waistcoiiting,
Cott n LhubreKus, Silk Hosiery, other Silk
Goods, Cotton Laces and Shirtings, Ribbons,
Leal her GIo es, I'ig Bl .e.
Ai; subject to dr.Wbaclr.
With a variety or' Woolens, which will be
sold low by the package.
"e 'i 3. eo4'l:
To be Sold or Kenttd,
A large, convenient two.story B'ick House,
with the very best dry cellars, in a healthy si-
tuation, suitable Cora large family, with back
buildingstufric.ient.vii. Piazza. Kitchen, Wash-
House, hmoke House, and Stable, in complete
order : immediate possession may be bad. If
sold, the purchasei may have accommodating
terms ; if ientcd. the rent will he iTioderat».
Also to -be Sold,
A Plantatio , of near 500 acres, one half in
woods, within 12 miles ot Baltimore, and on
navigable water, on advantageous terms to the
purciiaser. Apply 10
Cir,'U5TOPHER HUGHES.
Sept, 23 dSt-ecSt
Beak Spurrier,
Witli some assurance of support;.offers
himself as a candidate for the office of Sheriff
I at the next election : he conceives himielf
j competent to the duties of the office, and re-
j spectiully solicits the patronage of the voters
of Baltimore county and city. Should the
suffrages of his fellow-citizens place him in
office, be will keep in grateful remembrance
the source from whence he obtained-it : and
although he has not pledges to offer that his
I official conduct shall. t,ive universal satisfac-
tion, is yet willing to say, tiiat his discretion-
ary powers shall beexercised with modfrati-
o. ,.and that he never will be the instrument
by which a sacrifi-,e of feeling or property
shall be made to g'mtiiy the caprice of any in-
di.idual.
¦September 23.____________T&F2ni
DANCING.
Mr. B. B Professor of Dancing ii St. Ma-
ry's Col ege and of Mrs- Lacombe's Young
Ladies icademy, has the honor of informing
his firmer P ipils and the puldic 1h general,
that his Dancing Academy will commence on
Thursday, the 1st day of October.
A thirteen years' residence in this city as a
Professor o! Dancing, and the late stay Mr.
B. B has made in Pans, enable him to of-
fer to a discerning public, both experience &
novelty in the agreeable Art o> Dancing
As Mr B. B. has been in the necessity of
refusing Scholars last winter, those wh«> in
tend j oning h s School, are desired tj make
immediate application
Mr. Ii. B also informs the ladies and gen
tlem n 01 Baltimore, tbat he will give private
lessons either,at tneir ow;n houses, or at his
B II Room, in Water street, opposite Mr.
Elken .Solomon's, Broker.
Sept 22 eo4t
For Sate,
A FARM on Elk Ridge, about 18 or 20
miles distant from Baltimore, wi hiij a mile
of the Frederick town Turnpike Road, with
a comfortable Dwelling, and other out houses,
a lime kiln, and a quantity of Fruit. It con
tains 300 aeres with sufficiency of wood for
the support of the place, and will make an
excellent Grazirg Farm. Also, 296 acres
within 6 miles of Baltimore, nearly two-thirds
of which is in wood. For terns, which will
be accommodating, apply at Mr William
Child's store, No. 88, Bowly's wharf
Sept 23. eolm
Mathematical Instruments,
For sale at Mr W.ghtnian't. Feil's-Point
They will be soid at a small advance on the
invoice, for good negotiable paper. As they
are just received, and consist principally of
Navigation Insti'iirm-nls Si Charts, they must
certainly be an object worthy of attention, to
those who r.tail such articles.
September 23. eo4lj:
Just Received
By the hiig Dove, C Chddt, from Maleira,
A choice p.sfcel of fine old Madeira VVINB'.S,
tit for imm 'diate use, in butts, piprs, half
pipes and quarter casks, which will be sold
low on a cred,t of 12 months.
JACOB ADAMS.
Sept 2 ¦?; dl It
Wanted as a Tutor m pri-
vate family, a gentleman capable of reaching
Greek and Latin, and liie tirsl branches of
the Mathematics. To such a oiv, a liberal
salary will be acceded. Apply at this office.
Sept 22^_______________________________*L
Notice
The subscriber is compelled to nptify his
creditors of his inten ion to apply to Balti-
more county court, at i.s next session, or in
its recess, to one of the judges tiiereof, lor
the benefit of the insolvent Laws of this
state. JAMES WEST.
Sept 22. _____________________d.-m
For bale,
If immediate application is made,
A stout, healthy NEG .iO BOY, about 17
years of age. This boy is not s>.ld for a' y
"fault, and will be found valuable.
September 22. d4t
Wiiliam Matthews
Has just received,
205 barrels Tar and Turpentine..
On hand,
51 hhds. Sugar,
Pork, Lard and Cotton.
September 21. d4t
Mi
Just received,
A few Red PLUMES, fourteen inches long,
which will be sold low if immediate applica-
tion is made to JAMES H ANNA,
102, Market street.
S< rit 21. • •
To Let,
Two ROOMS furnished or not, in a heal-
thy situation, in a good neighborhood, and
good water, about, one minute's walk from
Baltimore-street. Inquire at this office.
_ Sept 21._______________________ d4t
Burlum and Goodhue,
No. 84, Bowl/s viha f,
Have received per schooner Three Friends,
capt. Sears, from Boston,
170 reams Wrapping Paper,
105 boxes White Cod Fish.
Sepl;. 21._______________________<16t
'James Dull |