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BOSTON, October %(>.
Irian Plymouth
Arrived, barque Hannah, Holmes, from
Halifax, where she had been carried in, and
L Left at Halifax, October 14, ship
V :.a,'of St. Thomas, from Havana, for
Baltimore, shipanacare;ocondemi ed; sch'r
Foi'ts'ty, Snotodert, of Biilfifnore, from Car-
thagena f r baltimore, cleared, paying costs,
to in 3 or 4 days ; ship Acmon, Nye, of
N. Bedford, from Bordeaux for Baltimore,
'Vessel cleared, cargo retained To. further
proof, to sail first wind , sch'r Fly, Fr rzier,
of Baltimore, from Vera Cruz, for Baltimore
libelieri ; ship Hero. Spencer, of and from
New-York, for St. Thomas, libelled ; ship
U. States, Moore, of Baltimore, from Isle
of .France and Bourbon, lor Baltimore, li-
belled.' Sailed from Halifax 16th Oct. in
company with the English Packet, for N.
York.
F tty or fifty casks were fell in with 29th
August, in lar. 22. long. 63, one picked
Up marked B on one head, and I G on the
Other, contained oil ; supposed to belong to
some'shipwrecked whaleman.
S VLEAt Ueiober 23.
Captain Emery, of the brig Republican,
¦who an ived litre the 15th instant, from the
Havaroia, was boarded in'his passage, out,
on the i7th ugust, from a New-Providence
privateer, and treated politely. The officer
informed him, that the day previous their
boat was at Key Sternway. where they saw
the wreck of a vessel and boat, and many
fine clothes, together with some mangled
limbs, among the rocks, but could not
learn the name of the vessel, or where she
was from ; they saw the name of Thomas
Arnold on a piece of a chart, which was all
they could find relative to any thing.
NEW-YORK, Oct. 29.
Arrived, the ship Falcon. Todd, 9 days
from Portsmouth N. H. salt.
The brig Charles Williams. Ingersol,
21 days from Antigua, rum. Left, brigs
Jane, Lynch, for New York, in 6 days ;
Melantho, Fowler, for the leeward, in 4
days ; and schr. Virginia, arrived Oct. 2,
from Fredericksburg ; schr. Mechanic
C ggesliall, for New-Y rk in 6 days ;
schr. Ticonic, Smith of Bath ; and sloop
i____, Smith, for New-York- Oct. IO,
lat. 25, long. 66, spoke a brig from St.
Ki'ts for Wiscasset.
The British schr. Loyalty, Bowers, 13
days from Halifax.
The schr. Bald-Eagle, Hull, 3 days from
Salem, wine, ginger-root, oil &c.
' The well known pilot-boat Tickler, Rus
sell, 34 hours from New-Bedford. By this
boat we learn, that the brig Reuben & Eliza,
which sailed for New York some time since,
lost her anchors off Gall Island ; and the
ship Golconda Crocker, for N. York, sailed
some days since ; probably the one above
Hell-Gate.
At Hell-Gate, the new ship Golconda
Crocker, in 3 days from New-liedford.
Below last night., a ship and brig.
Cleared, ship Phoeion, Stanton, Liver-
pool ; Lotr,an, Myrick, Amsterdam ; Rachel.
Joseph, Gej'altar ; brig Commerce, Littrll
St. Croix. : Hope, Perkins, Halifax ; schooner
Harriet, Hnbbell. Turk's I-land : Nancy, Ros-
coe,Plymouth; Mava Dough,Dough, Wind
»or ; Collector, Hathaway, Edenton ; Virgi-
nia nn, 11)11, Fredericksburg;Polly Mackie;
Toler, Currituck.
PHILADELPHIA, Oct. 30.
Arrived, ship Neptune, Jeffries, St. Pe-
tersburg, Russia go ds, 66 days ; schr.
Collector, Mayo, Vera Cruz, Woods, &c.
•27 ; Emily, Holbrook, Port --Rico, coffee
&c 18 ; Olive Branch, M'Cormick do.
coffee &c. 48 ; schr Happy Return, Holt,
St. Thomas
Below, ship Horace, Turner, Marseil-
les ; brig Ariel, Donavan, Bristol.
Cleared, ship Sultana, Crosby, Rotter-
dam ; brig Second-Attempt Gardiner, St.
Thomas ; schr. Philadelphia, Jones, N.
Carolina ; Elizabeth and Margaret, Mnllo-
ry, Nrr! Ik ; sloop Independence, Scull.
Richmond.
The brig Fortune, Ellsworth, 104 days
from Antwerp and 83 from Flushing,
bound to Charleston put into Savannah in
distress.
Captain Jeffries, was boarded from seve-
ral British ships of war which he fell in
with all the officers of which treated him
with the utmost politeness.
Captain Jeffries left Cronstadt August 22,
in company with the Mary and North Ame-
rica si and for Portland, the latter of which
vessels he left at Elsmeur the 5th of Stp-
teniber.
Captain J. left at Constad, ship James,
Skinner, tor Philadelphia ; Aurora, of
JNewburyport ; Governor Strong, of Bos-
l'n; Marlha, of Rhode Island ; Harmony
Marblehead ; Marquis, Disumulis, Salem ;
William and Mary, Rhode-1 .land ; and
Regeneration of Portsmouth, N. H. with
nia-ny others not recollected.
Yesterday arrived, schr. Happy Return,
Holt, 18 days from St. Thomas, and informs
us, that tiie sch'r Remittance, of Milford,
for Tuiks-Isand and N. York, sailed id of
October; and schr. Polly, Sciiveu, for
Turks-I.-.L.nd and Philadelphia, on the 7th
September. Left there, schr* Emily. John-
son for Philadelphia in 4 days; scli'r Ma-
tia, f; r Bult'more uncertain. The British
send in all Danish vessels, audi hey expect
, i isil li < on tl em hourly.
Same day an ived, schr. Collector, Mayo,
87 days horn Vera Cruz. Sa id in com-
pany'with ch'r Matchless, for Baltimife ;
taw hei 5 days since, all vvxii: The sch-'s
Hawk and Maria, for Baltimore, sailed two
Uays beroie. Left, ships Libuty, Riely,
and Sally,-------; and sen's Hamilton and
Doan.
Yesterday arrived the ship Neptune, capt.
Jeffri s 60 nays from Petersburg. On the
4ti 0' Se;' . he stopped at liJsineur, and
»a. C from tutnee the S\a ; tins place he
still found in tV > hands of tlie Danes, who !
did duty at the Castle, thougri they si]
1 d shou! '¦ ( o fall, tlrey sfi >ui . 00
obliged to submit also.------Her.- he learned
thai Copenhagen still held out, arid was de-
termim-d so to do, to the last extremity.—
That the British had"opiti ..- by some ; unless we knrvw
more. oJ the natives, we shall offer no. opi-
nion dpon the subject. It is, however, to
he inferred, that our government is persuad-
ed that tin.' employment ,,f deserters from
othel services, is eithi r impolitic on our part
or illegal, as respecting toe rights of other
nations. Ii'it is impolitic in the land ser-
vice, it is more so in our naval service, be
cause the means of becoming treacherous in
the latter are more easy- and would be more
ruinous to the service. The legality or jus-
tice would be alike in oil her case.
[Ledger.]
October 23.
¦ The French ship Patriot has left the Pa-
tuxslit on her way down.
ALEXANDRIA, October 30.
Arrived brig Maria, Russel, Lisbon,
wine, fruit and salt; sch'r Fair Play, Grin-
nels, Martinique, sugar and molasses.
CONGRESS.
ROUSE OF REPRESENTATIVES.
TumdaYj October 27.
Mr. Rahdoloh inquired of the speaker if
there was not a message received from the
senate, which had not yet been read. [The
speaker answered thit there was.] He un-
derstood that it was accompanied by a peti-
tion from a number of American seamen,
addressed to the senate, which that body
had thought of importance enough to be
communicated to this house. He presumed
it was at least of consequence sufficient to
be read.
The rrfessage alluded to was read ; and on
motion of Mr. Alston, the petition of the
\ merican seamen was referred to the secre-
tary of state.
Four additional members attended on this
day, were qualified and took their seats.
Thursday, October 29,
A communication was received from the
secretary of the treasury enclosing an ac
count of the extra expences incurred in the
navy department, since the 2»d day of June
last, for the year 1807. which was ordered
to be printed
The secretary adds, that the general esti-
mate will be ready in the conrse of the next
week. The general heads of this report of
extra expenditure are as follows :
For ordinance ?nd mili-
tary f.rtifkations dols. 310.554 60
For repairs of vessels, 151,81/1 73
Provisions, 31.408 15
Marine corps, 29,902 82
Pay of 1 too extra sea- %
men, boys, petty
offic.j's. &c. 7l>75+ 29
Timber for 73 gun
boats, 87,500 co
Dols. 686,076 59
NORFOLK, October 26.
Yesterday about one o'cl- ck the French
frigate Le Cybelle got under weigh from
Craney Island, with a strong wind at W.
S. W. and proceeded to sea,—She was left
by the pilot at 8 o'clock last night, about
6 leagues to the eastward of Ope Henry,
going off under a press of sail, at the rale
1 of 11 knots. About an hour after leaving
the Cybelle, spoke a pilot who informed
that the British ships were all at sunset a-
hout 6 leagues to the §r>ut«ard and eastward
of the Cape. The wind shifted to north a-
bont midnight, and has been blowing very
strong ever si.f.#e. so that there iseveiy rea-
son to believe the friga'e has escaped
This furnishes us wnh an evidence of the
10 j.1 licy f depending upon any other, than
our own mean., for defence. Our govern-
ment sonic, time since calculated up>n» this
frigate as a part of tiie defence of Norf. Ik,
and reduced another part ol the force then
emplyed in consequence ; beheld she is
gone without leave or notice, having taken
what we used to call French leave. VVe wish
Monsieur a good passage to France.
Orders, we understand, have been sent
from the war department, to tit; different
military posts of the United Slates, direct-
ing that all deserters from the gervice of
FEDER \L GAZETTE
S .TURDAY, OCTOBER 31
Mr. Erskine, ministe1* of his Britannic
majesty, lias arrived at Washington City,
A?iother Counterfeit,:1! ¦ \ person calling
his nanv-Daniel Wilbur, of Westmoreland,
N. H. but last from Canada, has been taken
up a! Windsor (Vermont) in tb.ejrrwS.rViW bit
traffic of passing counterfeit bills and com-
mitted to the i iil in Woodstock. Counter-
feit bills to a large amount were found in
his pock, t book. [-V. Y. paper.]
P iCfFlC.
From the National Intelligencer.
At a peiiod, so interesting as the pre-
sent, the flourishing state of the finances
will be a topic of high felicitation. The
past year appears to have furnished a reve-
nue of sixteen millions, Inch exceeds, we
believe, the revenue of any antecedent year
even olnn excises and a direct tax were in
existence ; and which yields a sum of tferee
mi!'ions beyond ou» annual expenditures. Hut
still higher will be the satisfaction at the official
intimation that there are now inthe treasury
eight millions and a half unappropriated.
With such resources, should the injusi ice of a
forei.jn government drive its into hostilities,
the means of defence actually p.>sscsed will
be abundant; and should the subsisting dif?'
femur es be amicably sell led, as ive trust
they "will be, the means of carrying forward
internal improvements on a scale that shrill
ensure a diffusion of incalculable benefits,
will be still mors ample, and thus remove
every obstacle that cm be appiehended to
such a measure.
TRIAL OF AARON BURR-
MOTION fOIt COMMITMMJT.
Cnncluslme OPINION of ihe Chief Justice
Marshall, i)tt the motion for commitment—
Dtli'Vered on
TuisDAy, October 20.
Much of tlie difficulty of the present case
arises from its being attended by circumstan-
ces eiitueiy opposite to those v. hich are usu-
ally tound in motions of a similar description.
An examining magistrate commits and
ought to commit on probable cause In de-
fining his duty afar stating that he may ar-
rest either upon his own suspicion or that
of others, Blackstone adds, « but in both
cases it is fitting to examine upon oath the
party requiring a warrant, as well as to as-
certain that there is a felony or other crime
actually committed, without which no war-
rant should be granted ; as also to prove
the cause and probability of suspecting the
party against whom the warrant is prayed."
But although the existence of a fact as
the foundation ol thesbarge must be proved
before a magistrate can legally imprison a
ci'i'/.en, it is not believed to be true that the
same necessity exists for ascertaining with
equal clearness the full legal character of
that fact, or tlie degree of guilt which the
law attaches to i;. On a charge of murder, j
for example, the homicide must be; proved ;
lint the inquiry whether it be justjflable or
olhei wise is .seldom mule by art examining
magistrate. He could not refuse to com-
mit, utiles it was perfectly clear that the
act was innocent. An opinion that a jury
ought to acrjui! would n.'t warrant a refusal
on his part to take the steps which might
bring the 'accused before a jury. ,
In eases Vvhere the legal effect of the act
alkdged to be criminal is ill any degree
doubtful, it would greatly derange thereeu-
lar course of justice, and enable many of-
fenders to escape, should a magistrate refuse
lo arrest until be had received full proof of
guilt. If the fact be of such a character
as perhaps to be construed into a high and
dangerous crime with the aid of other testi-
mony which the nature of the case admits,
it ¦ ould seem to be a duty to secure the per-
son in order to abide the judgment of the
law.
Among the many reasons which may be
enumerated tor committing in a doubtful
caSe, are—
1st. That upon a considerable portion of
a criminal charge it is the peculiar province
of a jury to decide.
2d. That additional testimony is to be
expected ; and
3dly. That the person most commonly
making the commitment is a ju.tice of the
peace, not authorised finally to try the offen-
der, and who consequently, hatfrer may
be the fact is not presumed to be so com-
petent a judge of the law of the ca.-,e as he
is. to whom the power#of deciding it is
confided.
Had these proceedings commenced with
the present motion founded on testim ny
such as is now adduced, I certainly should
have felt no difficulty in deciding on it.
But the proceedings are not now commenc-
ing. Tne persons against wb in this mo-
tion is made have been seized, one in the
Missisippi Territory, one in Kentucky, and
ont inthe western parts of Pennsylvania or
New-York, and brought to this pi,tee for
trial. An immense number of witnesses
have been assembled, and a very extensive
investigati n of the transactions alledged
to be criminal has taken piace. Tne re-
sult has been the acquittal t>f one of the ac-
cused upon the principle, that the offence, if
commuted any where, was committed out
of toe jurisdiction of this court ; apd a nolle
prosequi has been entered with respect to the
others. Tee witnesses iniended to estab-
lish the charge before a jury, have been ex
amined. and the probability of obtaining
testimony which can materially vary the case
is admitted to be very remoie. Tiie great
personal and pecuniary sufferings already
sustained mu.-.t be allowed to furnish some
motives for requiring rather stronger te.-ti
inony to transmit the accused to a distant
state for trial, than would be required in
tlief'.:->t instance. It may likewise bi
eel, ;n a consideration of some weight, that
the judge who bears the motion, tlio' sitting
as an examining magistrate, is one of those
who 1* hv law entrusted with the power of
deciding finally on the case ; and there seems
to be on that account the less reason for re-
ferring the patty t a distinct tribunal on a
point on which a slight doubi may exist.
I do not believe that in England, whence
our legal system is derived, a justice of assise
and nisi prius after hearing the whole testi-
mony, wound commit for trial in another
County! a man who had been tried in an
Improper county ; unle.-s the probability
was much stiotijcr than would be required
on ordinary occasions.
These conflicting c nsiderathms certainly
render the questions to be decided more in-
tricate than they would be in a different
state of things. After weighing them I
have conceived it to be my duty not to com-
mit on slight ground ; but at the same
time I cannot permit myself to be governed
by the same rules which would regulate my
conduct on a trial in chief.
There are ceitain principles attached to
the different characters of a judge sitting as
an examining magistrate and on a trial in
chief, .which mibt essentially influence his
conduct even under ciicumstances like those
which attend the present case. It is a max-
im uuiversialfy in theory, tho' sometimes
neglected in practice, that if in criminal
prosecutions, there lie doubts either as to
fact or law, the decision ought to be in fa-
vor of the accused. This principle must be
reversed on a question of commitment. In .
a case like the present, if the judge has
formed a clear opinion on the law or fact,
which there is n- t much leason to suppose
additional testimony might be obtained to
change, it would be injustice to the public,
to the accused, and to that host of witness-
es who must be drawn fi m their private a-
vocations to the trial, should he take a step
which in his judgment emit; produce only
vexation and expence ; but if he entertains
serious doubts as to tht law or fact, it is, I
thinfc, his duty even in a case l.ke this,
not to discharge, but to commit.
. The charges against the accused are :
1st. that they have levied war agilintrt the
United States at the mouth of Cumberland
river in Kentucky ; and
adly. That they have b«g'un and provided j
the means for a military expedition against I
a nation with which the United States were !
1
at peace
With respect to one of the accused, a '
preliminary defence is made in the nature of 1
a plea of autrefois acquit.
If the question raised bv this defence was !
one on winch my judgment was completely j
formed in favor of .the person by whom it is
made, a would certainly be improper for j
me to commit him ; but if my judgment is
not absolutely and decidedly (01 mod npoh.it,
there would be a manifest impropriety in
undertaking now to determine it. Thw
does not a-ise from my fear to meet a great
question whenever my situation shall re-
quire me to i«.ect it, but from a belief that I
ought as well to aviod the intrusion ol my
opini ns on my brethern, in ca.e-. where ua-
ty d es not enjoin it on me 10 give them, as
the witholrling of th se opinions where my
situation may di maud them. The question,
whether autrefois acquit \\\\\ be a good plea
intiits case, is of great magnitude and
ought to be settled by the unit, d wisdom off
all the judges. Were it brought before me
on a trial in chief I would, if in my po.v-
er, carry it before the supreme c urt ; when
brought before me merely as an examining
magistrate, I should deem myself inexcusa-
ble were 1 to decide, while a single doubt
remained respecting the correctness of that
decision.
To settle ne <• and important questions in
our criminal code, especially where those
questions are constitutional, is a task up ill
wlocha single judge will at any tune enter
with reluctance ; certainly he would not
wiiluii.. ly engage in it bile acting as an ex-
amining magistrate. There is a decent fit-
ness hich all must feel in bunging suoht
questions, if practicable, before all the
judges. In England, trials hich are ex-
pected to invol e que-.tions of. great magni-
tude are .seldom assigned to one or two
judge . At that interesting crisis when-
Maidy, Took, Thehvall and others were
indicted for treason chief justice Eyre was
aided and suppoited by four associate judges
of lii.h talents and character. It would, I
have no doubt, in that country be a matter
of surprise if any person, whatever might
be his station in the judiciary should un-
dertake to settle a great and novel point on
a question of commitment. Although in
the U. States, our system does not admit of
a commission authorising a majority of the
j dges to constitute a court for the tiiad of
special criminal cases, yet it does admit of
carrying a doubtful and important point be-
f re the supreme court, and I should not feel
myself justified «ere I now to give an opi-
nion anticipating such a measure.
I shall therefore consider tins motion as if
no verdict had been rendered tor cither of
the parties.
Boih charges are supported by the same
transaction and the same testimony. Tiie
assemblage at the mouth of Cumberland is
considered as an act of levying wai against
the United States, and as a military ar-
mament collected fur the invasion of a neigh-
boring power with whom the United States
were at peace.
From the evidence which details that
transaction, it appears, that from sixty to
one hundred men who were collected from
the upper parts of Ohio under the direction
of Tyler and Floyd, had descended the river
and reached the mouth »f Cumberland about
the 25th of December, lg06\ The next day
they went on shore and formed a line, re-
presented by some as somewhat circular, to
receive col uiel I'lirr, who was introduced to
them, and who said that he had intended to
impart something to tbem, or lint he had
i.te.tried to communicate to them liia views,
but that reasons of his own had induce! him
to postpone this communical ion ;or,as others,
say, that there veeie then too many bye-
staiiders to admit of a communication of
his objects.
The men assembled at t!»» mouth of Cum-
berland appear to have considered c ionel
Burr as their chief. Whatever might be the
point lowaids winch they were moving, they
seem to have looked upon him as th> k con-
ductor.
They demeaned themselves in a peaceable
and orderly m.mu.r. No act of violence
was commuted, nor was any outrage on the
laws practised. There was no act of diso-
bedience to the civil authority,ncr were there
any military appearances, 'i'iieie vteie st»*S>.
arms and some boxes uhxh might or might
not contain arms. Tneie were also some
implements of husbandry but they were
po.chased at the place. These menasenK
bled under contracts to settle a tract of
country on the lied Riven. No hostile ob-
jects were avowed; and, afur continuing a
day or two on at island in the mouth of the
river, the party pioceeded down the Ohio.
There are some circumstances in this
transaction wliiili are calculated to excite
attention and to awaken suspicion. If the
exclusive object of those who composed
this meeting was to settle lands, it would'
naturally form the subject of public conver-
sation, and there Would most probably have
been no impediment to a ftw communication
respecting it The course of the human
mind would naturally lead to such commu-
nications. The silence observed by the
leaders on this subject, connected with hints
of ulterior views, seem calculated to im-
press on the minds cf the people themselves,
that golne 01 her project was contemplated,
and was jjiobauly designed to make that
iropressiow
That the men should have been armed
with rifles was to be expected, had their
single object have been to plant themselves
in the Ouachita ; but the musket and bayo-
net are peihaps not the species of arms
which are most usually found incur frontier
settlements : Not were the individuals who
were assembled, of that description of per-
sons who would most naturally be employed
for such a purpose. The engagement for
six rnonths too is a stipulation for which it
is difficult to account upon the principle, ¦
that a settlement of lands was the-sole or
principal object in contemplation.
There are circumstances which excite sus-
picion. How far they may be accounted
for by saying, that ulterior eventual objects
were entertained, and that the event on
which those objects depended was believed
to be certain or nearly certain, I need not
determine ; but I can scare suppose it
possible that it would be contended by any
person, that the transactions at the mouth
of Cumberland do, in themselves, amounc
to an act of levying war. Tbeic was nei»
tlier an act of hostility committed, nor any
intention to commit such act avowed.
[To be Continued.]
Married on Thursday evening last, by
the Rev. Mr. Roberts, Mr. LewisE. Evans,
to Miss Miriam Hurt, 001)3 of I3aiiimore
county.
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