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The Wilmington gazette. volume (Wilmington, N.C.) 1799-1815, September 29, 1807, Page 1, Image 1

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- " : .- . ij- r-- . : ; I . fc- f r - - - . - . -,, a" w - ' CoiAaran Burr' -' ,JSIf. tUyVUbed to extend ibe teM ofthe hicK he mtdt cterdt: There ontt )fmg in Gen, Wilknsoq lcUer, -wWc! he yrs certain the President hirasclr Monticello, j not prwicoie w . xpres toia wUk vilpata Jxce teciim f ; ll M adyaotfiteoui '..on everyosidtration tQ have the trial comDleted at thU term Almost , U whneB are prcwiit ;;nd perhaps it M!inroKiSAtr Kixottett them hew- tettf r .topostpo'ne the .tiialtotj th&t prod, tho t9 the next term of the courf - j , ' . , J4r, here rend -the following, t , , Aditiiopal return . .1 ..- - V ; : , WebyjCertify.that -upon a more minute jmnaiorfl the tbove qtentiontd,-1 have pbaenrpd .other pauai?, which rc entirely ' tj (pttblic, nature, and which,, accortiriic to fa best jadtcmenu oyjght not disclosed, &k4 Which,' I conceive,-would not, be dUclo " . byjhe ' Pretdent himself, it , the f ciurn trwto be roade oy nra ? ftf, Ay.theh observed that he di i.not con-We-himseUiil ItbfeKrio.pui.ihia.ttif, into he hands of the defendant , but that he would 'intnediatelr n4 an expfe , to .Monticello or instructions andtnat tn return nigui 1 frobablf .nud by -Tuesday evening ' ' Chief Jiutict. Is there any objection o the cnuri adioarnin? till Tuenduy ? on then " ' Mr. Marti said-he proposed to br'ms the jasepf Israel Sraitb before the court on Alon day., . . 'i -- -. '. '- Tk(r. Burr observed that some agreements mieht be made between his obunstl and the prosecution respectin the letter, . and. that '1 Ihey .nvight go to trial on Monday. "jQri the application of Mr. Wirt, Dr. Taxe well (Svilliamsburg) was excused from serf . ingoo the jury on account of the indispostiort . of Ji friends. ' s . . . Tb C ' 7V'C than ,observed that the - epurtjVouid ineet. on. Monday 1 as some ar 4 aqg9mens might be if the mean time made, " ireapecttng 'bp letter, ' Mr.' Hay t can :Hoai Sf nl to np arrangement but, for me to fui nish such pans of thu letter only aa I may deem material to the, (kfence.. Chief Justice. If there are any slate secrets in that letter the cpu rt, would beextremoly-.tinwjUing to call foV its production , . . -. f.f itttrtin. Gentjamrn need nnt ho so rupuloas, sir, upon this subject 1 for we can compel the appearance oi the President be freihis court with that letter.. .Mr. Hay. Shall I furnish such parti in, the mean time ail ai disposed to surrender i Mr. Burr Yes ; under tbo lescrvation, that such a -step does nov ins pair suy right to dumsna the re BMiftricr '. Vi '..-An.: :? '. The Ch'uf justice then observed, that the court woald meet again at half'after?, when , . he. understood that Col-Burr- was to give bail opAhc. trial for misdomesnor.' , . ' , At 3, the court, assembled when LuUirr.. Martin svul TomaaLanghurne were actpied aifuaaaturitieai -' ' -.-', . a t m . . Aiongay, -epieinoer. . Mr, ' vhn the order was moved for lae continuance of the trial fan .misdemeanor, wo deprecated th aetibas Inconveniences, of- delays. It is nscB 19 1 rcfituiu urn iiiuuiu uui. ut d liven intd.the trial without tr.e letter, whn;h w havreired but aa that latter may pro f . . baory v received in the course tl the trial we ac willing to epier into te. ; . . , tMr.,itf observed tnat he should not wish tht-trkl to be gone iitta with soch a declare ' . tlon on the pari of the accused j that he had : iiBlWTexprei-TirlI(nmno7TIirf hit promise r and that he expected him to return by lMortow ISotlocki He there far did oot tbh the jury' t&.ba fully, stbrn 'Thi Chi Juttio did not sta anynecesa tyt for delay tn'aJ! ,a!ounW The' psper would probably be here by tlw time1' when it Isaaeed a rr.will notbe riqairea itnlil tlfe i. .-, dfnc is oieod. : 'r -' -- . ,j Mr ilyished every preparation for' tha tr'ml to b snade to-dajr, but htpJd that tha ' trial will not "be gwie inio' Until to-morrow. Heexpe'e'ttd- aoma communication from the Prassdtiftr which wiukl hs cortiderahle In fluence on him, with respect to his conduct on tbclrtah'. ' - . '' lAt tlfis wintit Hirroin ntannnhassf 1 1- taimTfal eoorty wlxw Mr. Uotts obvrved that 1 ... ......... . . a . . Mri DWnnwnassei nao ettena.Torin p'ir. posw of undcrttanding Mtf tia MtdafMiw He could abtaiaWr WthmifomeanVry and it was obvious, that Onder lha pniiW'Sn' of 'thf eoarti thc'mdietihint for tretson ennld not bwppporw4. Win fo,'MK nay, enter 1 a asio rimrt" th prJ.6uCioV tot irci- 1. . . . . , . . . . . . , Mr.Jaciuieicedj . . iath ; course, as to tltc casoof Mr. Israel Smith I ; '.Mr Jfaj -acquksced agai v; . Mr-Arian. I nfill meaiion ',1he Lease, oli Jyhn i?ny th pf Qhiof;.wquid it not b better' to save tba ex pence, of bringing him a prisoner, .b.entering a MoUt pr?siqui in hit? case ? . i ; . -,. . r,.j ,'; Mr. His case Is hot before the court. MrV thcCLjequested the court, to fix Bianiterhasset's bail forTinudemeanor;". It" was1 already ascertained that he' is not riclw: 1'he Chief Juslice determined ihat'he ahould: , give ihe sainas Aaron-Burr ; SOOO dollars.' Ihe ame sum was alsi fixed for Israel for' Smith. : i'v . 1... No ; moasnrt of hnportance'.was .adoptetl : this day .ii.'.'-v.'.'v .'-jV''' .liv Hay informed. the court that his mes senger had not returned fron. Monticello-,; . : Israel Smith appeared iii court, and ( was, bailed on the indictment of a charge of' a misdemeanor i himself in he sum of'SOOO ' dollars, and his securies John ;B.,Walipn, ! and John co'ck in 3500 dollars eachr-- :: 1 ' Wediresda y,' 5ept.' 9- y The panndof the jury, was at length , pletelr after having excused several h corn- on ac count of their having formed -and delivered opinions unfavorable, to tltv-aceutU.,rThe I following were swom ib try the iswuc. -l v i Orris Paine, James llool Wight, " ()l?adiah Gathright, Johiv.Murphej,, .n Robtrt Mc'Kim, WilNm Bntlcy, . , Yeaoucs StnUh, , ' Carter BvB'crkeleyi , Jessee Bowles, JauKtf Pa,i ; v . Robert Cordon, " Tiioroas Lewis. ... , ; The clerk then read' the indictment. M r. JIuy produced t he rc'iXrn of the.Pre-' si dent to tho mbpoena duces lecdm', e(jitinj' the exhibition of the lettr r of Cen, Wilkin- on to him or the llth of November 1806, which has before been policed.-'- The return was annexed to a copy of the letter with the exception of those parts which he deemed bf a confidential nature, and which he thought ought not to be disclosed. The parts excep 'fed agree in substance, and almost verbatim, with those which Mr. Hay. deemed ithia duty to withholu, , . . , , . .'1' , :, , .The returnls in the following words 1 ." " On re-examination of a letter of Nov, TSthTBO'Ti om 'General Wilkinson to my self (which having been a considerable time out of mj Possession is nw returned to me,) I find in it Some passages entirely confiden tial, glvrn for my information in the discharge of mv execuitve ninciiohs, ana which my duties and the puoue interest lotbid me to make public. I have therefore given above a correct copy of- all those parts - which I Ought to permit to make public - Those not communicated pre. in no wise material for the ptrpotea of justice on the charges .of trea-1 ton or misdemeanor depending against Aaron Burr; they ate on subjects irrelcvent ,to any issues which can" arise out of those charges ' and could contribute nothing towards his ac quitta) or convict (on. The papers mentioned in the 1st and 3d paragraphs as encloed in theietter beinir sepsrated therefrom and not in my possession, I am unaMo from miroo-. rr to ywhat they were. I presume they are in tne hands of the Attorney for the L. Sutes.: " " ' - ; Given under my hatul thisrh day of f September 107. ; .,.... ..( . ' .y U ( Til JEFFERSON . Mr. 7?s then , In a concise and perspicu ous address to the jury, opened the case on I thepart ofthe protecuiion., H referred to 'j me law, oirVuiiKicK uii in ui'jci.i. The 1st count in the indictment charges the deTendant with beginning a military expedi tion at Blannerhasset a island, to be carried oh from thence against the dominions of the king of Spain with whom the United Slates are in sf statt cr peace. , The 3hd charges him with settinr on foot mltiTsryntpedtrtoffxgtrtnrttheicrTitoryD the king i Spain. - ' ' ' The 3rd it the same as the last, eaeept that the province pi Mtxica, ia , stated as t,he ter ritory of the king of Spain, agnioit, which tba- expedition Js inter.del. i .' fsfj. 1 1. : The 4th count charges the defandant, with providing tha means jf a, military eapedi Uun against- tho dominions -of tha king of .spam. n ,f. ,-. -. - The 3th Is (he ssme as the tth, except that Mexico Is particularly i'meiiriohed as the provinke ajajnst which the expedition isia ended. ' ' - f 1 V ": ' ' "The -6 If the ssmtf at tie "4th; exc'epti that tba'nrtigw territory is- sii id be. un known. . 1'- ;' 1 ' Tha7tb ehargea him nh-;stUae'aisi fant a military design against, the dominioaaof sv tureign.ststi 19 tne jurors unaqowui' u RUtuni Atuwas sworaki.iia.was pn cecdinz with his evident t state that Ww. ntrhassct sent for, hiax and asisad- bias if hr,' coiild keep a secret when ha waa mf rtipted by Col. Burr, who ohjVcted ta any rtlatioa of conversstions with otUis not ia hit rttcno. Ha said he waiwilU&cto-indaJjra thvRMtle 'men with the examination of any titdmony to prove 1 military exptditili in this stall ) , Mr. t ViD tou not? adopt the bnraiit'was adswttd oir iall was not; prestnt wneq tne appearance 01 an expecitiou warcb baa een attempted to bo' proved was set Win foot; lhat us the. assem- Llag of the fovr Aoau.; at BUnnerbawet'a . iuanqx be should object to any erwence be in; giveu to connect ; tin)-with, that assem-; blase. .- ;u: k- i ,. -A v ,. Mr." Hay said he wished to save as much time aa possible ; I there any objection to ovir goingon to prove the descent of hp party rom uUnnerhassel's island till ' they joined jcatv Barrj and hia taltihg csootmand of (he ex-' peortion aRerwards. - ':, a , , Mr.5jimrttediatelyTOseandcomroen'cedVR l alMUtanl tmnMnsSal.M L U !HiuJ,M!AM ' IP an argument in opposition to the introduction ot any ldrtbev testmoony in the cause - - ' Uer U4 dawot the follow incj proposition; I 1st That under the act of Congresis therat '. Mn tie 10 accessorial offender, i. e. none are. within the poiuts of the statute but suclvaa arc ctmg at the fact. ;. . -y. :y -y, j '2d. If Uie first point be,. not sustainable, no act of oU Burr pux of the district can be IJiven in eviuence ueainst mm. , . .3U!y." Agfelo, if the first point be nolsustain- ab1e,"fidac't bf an accessorial agency, can be. giveMendeiiife.oh this indictment charging 1 the oltesde ti acting af th'e i&Iand und not specially Ithat the indicted did the accessorial act- f-.;- :- ri-,' . :. 4tldf, That if the foregoing points be not sustainaMe, still no evidence of ail accessorial aincy could be giventil! the retord of t he cbnviction of an actor in the expedition be produced.. s . ;r '.ly.. , S'Mxl That the . aet on.'Blannerhasset's island caniiut auioiint to a providing or pre-'.' paring the means', or a '"beginning or setting on' Aroiri roilitarr xpedition there. This V point reVolves itself into two others." tsf Vtitr nriti nn tnililarv ene(Vitinn in mutill'i. ' . . .. t , - fy there. ' 3dly. If there was a military ex pedition in progress there, it was hot bee.un or setonfiKttl)ere, nor were the means pro-: vidtrd or prepaitd thcieon in enquiring in to what constitblfs the offence under the act -of Congress, ke contended that the act was so uncertain and ambiguous-that it never could be carried into execution. He initan--Ced many cases which went to shew that, ac cording to the rults of constructing peital ' statutes, this act could not be enforced.. ? He . argued that providing the means spoken of m the act of Congress, required the 'entire means 1 that the means' must be not 6f an expedition merclf, btir a military ' expe-" dilidn i that to make it a military ex pedition it must have a military character, the most essential means of a military expe- I ditiod is a military organization 1 that there must be a -military posture; tbat the means tousj be adequate to the end ; that no assem bly ii men was engaged in this expedition, nor was col. Burr ever present at it ; that no Intekiion could aid facts in furnishing the means of a military expedition ; that war - miglt be without, military form, but the. meass of a military expedition must . have a mtitart Character; and that hostile meana will lot do, the means must be military.' A' 6th point was, that no evidence ot con versions said to have taken place between any bter' persons given 10 evidence against col. Burr, unless he were present at Ihe time the converutiona passed. On Taursdar, Mr. Botti concluded his ar gument. He was followed by Mr. Hay, ; and the court' adjourned at an early hoar till the. j. . f . ;:. exi oay, on Kcwuukvt ir, in iuikjju-. Ilt otu. 1 . . . ..v , ; . c . : On Frisav. Mr, Martin tiered a few ad-'. ditional authorities. Ha was followed by Mr iM'Kae; ana anerwarue oy ir. win, woo poke 3" hours. , Mr. Randolph continued Ihe argutnenf for one hour. , On Safdrdaf; Mr. Randolph wa to re sume the argument, which is to be wound op by Mr; Martin; and on MoMay, the judge - was to have pronounced bis opinion j. ; ' ' . . ... i I . . . . NEW."VOBK, SepU f. J. iUraffiuOniijundayJuL0De jdL our'gUh-bo'ts, coming into port, was fired at ..Tf . .a . 'aa within the it oox, oy tne urmsn armea.origj Columbine, now wlthlnowr waters, ia viola-; tion of lbs Proclamation, ai)d the roidshipmaa ' cempellsd to go on board, where, he was fle-. tained, ioterrogatsd, and treated with the u- usi inwci".. "This outrage tpon our national sovereignty is aa, grass, wsoton, and ' fltgrant, as that which was Cbmmitttd opon the Chesapeake. 1 'The gun-boat ia ananonal ship, and when' fired ana brought Id was with! n our jerisdir. tio'oo 'laaeead, therefore, of going an board the.Colambina by coropalslon, the comman der of the gun-boat should have struck her. colours, of have sniff red her to have .been sunk. Hi having po powder op board, aa he has alleged, la'no adcmiate exswe, for with wdcr he could have made no effectual re, slstaneV ""-C, . Tar every .wrong there 1 a remedy. This, frrsh attack could not bat been cofltcmpla- ted' or anticipated by the Proclamation, which roe no further than to prohibit Intercourse. (lot the attack Is, upon yights so intierent that ' no la ten abrrdge them, nor add 10 their force. Does not this new offence authorise aa ample punishment, end. cannot Commo- , dpf e,Epgef now, tiktf Teogeasai antbe Columbine, aavilho baAbeenuiw persoa fired , ml The lapse of . Xcw days cannot wy . A. the, Hghl cf resistance Ube-had. it originaUl ' ; ly,.be has it, atilk- .-.r.;..,.. t a "i . - ! i.In 1 forme paper we suted. that on fridajr I tlie Ciistomi House had, intheabacnce at xbe Revenue. Cutler,. sent down.ta tliet Hook su : , pilot boat, with rte,tJnjtd St ales' colours and 0$ ? era 4 . shx svas therefore to Us taken bythw v British ships aa the. .Rtfcftuf-Cutteiv i& ' ; had all hex authority. Tbo pilot boat came , to ancbor.Qear; the Columbine. Thi furnisrw-r ca a pretext lor additional insults, i he di a a pretext lor additional insults. 1 be boat was otderesd by tfta commandei' of f It A hKimU! m . L. A. 1 Jk . . ji the Columbino tu wcich anchox and jvmovei Mher.olIVsOr he v would, compel wlifcr ?T 1 tlnued 'where she Wa8,. attd nO -violence" waaf 'I'm mediately offered.. But on Saturday rooVn-- 1 ingVufider pretence of Jiavingmi,ssel a hand. I the pilot boat was boarded "from tfie Celum !. bint by men armed' With;, jjistolsf cutiassn, l: and, who swore thui the; mn, was concealed on board; and that they would. searrt every nook . and Corner for Kim, Ac- cordintjly the Revenue Culter"wai searchccl,"'-" . biit not finding the hand whom they protend ' c'd they had lost, the searchers jhsisiedi hat he, p was concealed among the ballast, and lhrt'4- tined to tear up the plonk which covered it I ' 'I'ht y were told that they could do so t tliy '. pieifted, bin that if the ballast was disturbed j ' tlie Culler would instantly upset ; at lcngtlr h cxiiiiusieu uieir vocaouiary, ot, nso--lelicc jhe searchers detis!ed & returned to tl.e' toluihbine. ' On Saturday afternoon th' Cutter came up to ih'u city, perhaps deeming, it hazardous to remain anv longer below', al- ' though in our own vater.J, The Jason's tu'rge " which on Saturday brouRht capt. Cochrane to hore, returned to ' the stream, off the Battery, where she moor ed; Upon the signal of a, gentleman, who -had a letter, from the British Consul which he held in hs hand, elevated, thejbarge partod from her moorings and came towards the jlattery witn eight hands, a lieutenant and midshipman.- As she approached, the tiu- .1 uicrouM ano anxious spectators who had as. scmbled on the Battel y,'crouded to the place for which she was making. The officers of ' the barge, alarmcd.'paused, but on being told by. the messenger that they would not ba harmed tbey continue their course. On coming near the wharf to receive the letter,, the commander ef ihe brge called out fend," crtT-fend off ' 4 aye, aye, air,' said' the menr when as if by preconcert and with the utmost quickness, they placed the barge along the wharf, when six, of the men laid down their oars, leapt on shore, and called out honk it mingled wjth the croud and made iheir escape. The two poor fellows left behind, lwoked anxiously at the six who had escaped. - A 'ettcr received at Newburyport from Si. Vincent, dated July 29'h," dates, that account of the attack made by the Leo. pard on the Chefapeake frigate, had re cently reached that place, and that it was expected bf many that war wou!tf-tk place between the two countries.- Onihe 29th July, the Governor of the J Hand feiit for the American Matters in the pott to meet at his houfe at to o'clock, A. M. That Agreeable to his requeft, they rjr paiied thither, where they were received in a very frierdly roam er by the Govern or, who obferved, (hat ai he fuppofed the late di (agreeable news Trom America, might induco them to-hafleo their depar tuia from ilia I (land, he , thoughtrptoper w to inform them that they need be under, no appichenfioat of difficulty,, and might finifb their buCncfs as u foal, and when reajj they might detail ; affuring tlem, that whatever-(bould happen between the -a. i a. two counuKi tney idouhi meet with no detention. ' COMMUNICATION. ' AMIRICAN9 HON YoCR CU A BD 1 , The Danifh, government the. IflanJ of St. Thomas having prohibited ti e ex portation! or jfovilynf Ihippirg molt txpeel a e'efain and lica'vy'lcfs oil . adven tures to that quarter. The aclual confiirrptioo cf .the lflind Is ttiflingl and if the pie feni rcftriclion rorttimiciin force, American produce wilt'" in a liule time be facrificed thcte .at lefa iliao half'c'ott in the United State. . ;- ' " PhiUdtlphiapifir, ! I I ! I . M 1 : , For Sale in Store " '. By-(he Subscriber; "j-7" SO poncatons high 4vh procJRcra ' " .98 hhds. Sagar ' ' " 55 bblw SuCralktlo, ' ' ' 1 hhds. Itolasset . ; n hbd N.liRuna .v . ' '. S bags. Coffee , ,,; 1 i. , 10 cres Crockery-Ware aiiotitd , 4 pipei Brandy, . L,.y 1UNS0N KELL.Y. ScpU $2. 4n -4? r I a -! VI t r "t y-y-M ' I r ('i f ' 1 ' 1 1 1 i 'i v.,. :.yh . , . y 1 . ' 1. I

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