Newspapers / The Weekly Raleigh Register … / Sept. 17, 1807, edition 1 / Page 2
Part of The Weekly Raleigh Register (Raleigh, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
r-.-'Vi A It ) rl-i i It iw. tSeWnsabf;iifltftime CoLBurr should be aa- 'Vr- : :rtTVH? nmv shewed cuVd mr V-S.'i him upon. iiJt mqictincnv iqra ni JUr 1eme:inor. - - i r 'gLy?!-therhe: awp innWie had nb eviderice against r- Watt 'f AhS4t.iiaLiiite'-&s't& dttawi.iunii tufj m! "S:wn iarath an 60cnce less VoTumel to answer the inciictmetite 1 He said thai ndicimeto.'. fof ixM emeanbri: the" regular ;'cputse in Virginia was to tissue aj'umvtciis or " Sfd iov)rear $ not capias to take ; tempt ? that it yas contrary to-coro-- iTion sehse, in cases where the pu i.ibhment on convicuont is only fi(e 'and imprisonment, that imprison iritnt should precede the sentence In support of ;thts position he cited d numberof cuSes. He observed that the Judce m Cullender's casehadtiraidttd &iapias insteadl ofy Summons ; bui this yat 'done without argument, and proceed eti from his not Wm acquaiiited with the hiwof Virginia ; that his 'do'm so was the foundation ot" one oC'he attislesof impeachmentagainst him. The Senate hd indeed una niinou'sly ucuuted the Jbde on that aaicl; but it did not follow that tcy approved of his .opinion ; since ight liave thought, that'he hid acted inadvertently, and with no evil design. To shew that Judgt Chuse's opinion , was erroneous, he jjuoted the argurnent of Mr. J.hn Kardolph, one of the'trnnarfers of -the irc peach trench Abe's ''al P ' If) and c't edMr Hay's own decU ratijtJ5 (ih."p. 35.) MrCHav interrupted him Sc said, that this conduct in Mr, Botis wa -uufair that Mr. Martin had deli vcieii on that occasion a long spetcl jfuaiutaimng a doctrine opposite t that now contended ior by CoU Burr's counsel, but h would scorn on the piesntCGcasiomto roak- use against hint f whvt he hJ then said. Mr. Botts suixl there was a diffe rence between the situation of Mr. "Mai tin and Mr. Hay. Mr. Martin .vy.s rtefendmg a person accused, an s thetefore justifiable in using the beat arguments he could .for his clU en-lbut Mr. flay had declared that as to hlnieit, he defended Calen der merely as the Lawyer of the Co. -atitu'ion j aid on that occasion was giving testimoriy as a witness. The Chief '-Ju siicc took time to coi.skkr the question, and aj' un cd the court till Thursday 10 oWck, Thursday, Sept 3. The Chief Justice delivered his opinion in writing at considerabl length on the question made tht day before : the result of which ' was that a capias was declared to bv the proper process, in this and . other cases of tnidemeanor,1 whert . imprisonment is , part of the punUh- meot upon conviction ; but that the r arcused being already in custody, . it was u'aiiecesiary to issue it. He might, however, be admitted to bail. Mr Ilay said he. would then proceed with the indiqtmeut.for a misdemeanor,, Col. Burr mentioned that the , It tier from Gen Wilkinson to -.tht? President of th'e J. S. had not yet been produced? -j" Mr. Jiay sl&lared that he Had looked over ail the papers received from Mr, Rodney aud had not bcerr able to find it. Hehad writ- ' kri to that, gendemah on . the sub ' iect : and olferjed to iuroish Col. Hurr w'uh a. -copf verified by an Col. Durr 'said he was not pre pared to go into trial to-day. . He U'duld cq iiVidci' by tc-iiion oy whe ther he ould accept a copy. A variety of desultory conver sation took place oft the subjec t of the quantum of bait to be required ofCoU Bbrr ; ad,on a question, whether his giving bail might not : ; entangle br obstruct he motion to j commit it htm w trcasptt f tLie niei j T usti ce see mecl inainea to tninK, that if he was boundiin a recognt- zauce here, he could hot be sent tpi another . state for, tral i arid Jus counsel contending that, to get rid of the difHcutty, the ccuascl lor Hc U- Svpught to dismiss the prose cutivJfi tor a misdemeanor. At length the Chief -Justice declared i necessary to bring the .question at once io a dose : that if the prisoner iv as ready to proceed to -trial for the misdc meanor, on the ; next day the tril should take place ; that if a continuance should be ob tained, and a mo . ion then be'roade to commit him for treason, the dif acuity suggested should be reserv cd, for consideration after hearing ne motion at urge ; that in the tetbil ih the sum ot 72$ on the ifldictmcntTpr; treason aainit Jonuthatt Dayfou iccla- - -av: 1 n Uti-or kad tvrUien w Gen. Wilkinson ; at anv of the bvert acts of treason "I'jMr. ckham saidit Geti. pytoni waarea guilty on1 the indictment for a rriii demeanor, and go to trial imme diately, ' - - iMrV.fiav. said he would;take up his case alter that of -Aaron Bui r id beeb disposed of; that as coun sel for the U. States he had a right to exercise discretion on the sub ect ; iii which the court and Mr. WtckftiW jappeared to acquiesce. :i The court adjourned till Friday 12 o'clock. . Friday, Sep 4. . The proceedings of this day commenced with an application by A. Burr for the production of an original letter from Gen. Wilkin son to the rresident of the U. b. dated Nov. 12, 1806, which letter was in the possession of Mr. iav. lbe President having confided to Mr, Hay the discretion of "holding such parts of the said letter as were o a" confidential nature, he refused u exhibit the whole of it in evi dence. A writ of Subpoena duces tecum was thereupon awarded, re turnable immediately' command mg Mr, H. to produce the lrttet . He m.de the following return ; . I hereby acknowledge service of the abovt Suupena, and herewith rtturn acor rect and true copy of the tetter ment oned in the same, exctp;ing such pans thereat as are, in my opinion, not materia! for the purpose of justice, tor the defence of tht accused, or pertinent to theissae now.aboui 6 bejo ned the parts excepted being con identially communrcated to the Presidenc, and he having1 devolved on me the exercise f that discretion which constitutionally aelongs to h'niielf. The accuracy of this opinion am wdl ng to rejer to the judg ment of the court, by submitting the ori ginal letter to its inspection 1 further certify, in ordfer tv slicw more clearly the irrelevancy of the parts excepted to any defence which can be set up in the present case, that those parts contain a commum- . r . . . r . canon or me opinion 01 inewrir r con cerning certam persons, abjut v. inch opi nion, or the fact of his having communi cated it, the writer, if a witness betore the court, could not legally, as I conceive, oe interrogated, and buut which no jvidei.ee could be legally rece.ved fto r other p.r Sons. GSO. HAY " Col, Burr's counsel then said, they had two resources for com pelling the production of the paper, either to move for an attachment pgainst Mr, H.-which their friend ship would forbid. Mr, Hay de clared these papers could not be extorted fro'm him, without the intervention of the authority of the feourt, and even were they to isu ithir process, that he would rather go to jail than surrender the letter orto move for a Tule " that this prosecution stand and be continued till that letter l)el deposited with the clerk," Tliey would accordingly press the latter motion This motion produced an ani mated discussion. A few minutes before 5 o'clock, the Ch. Justice decided that under the vircum stances of this rase, it was not in the power of the court to say, tht the letter should not be produced that the reasons assigned for with holding it were not sufficient, and that if it Were not produced, the court must either take measures to compel a compliance with its "T ' ' 'a. .1 or continue tne cause, With respect to su h parts as were deemed confidential, the court would take measures to prevent their being made public, by pro viding that no copies should be ta ken, that no use was, to be " made of the letter except in rtLuioh to the.trial, that it; should not go out ot court and i h it those persons who take notes of the proceedings were not ro consiucr tncmselves at liberty to publish any part ol that letter. He concluded by re pealing that the production of the letter in court might contribute to rmoye many of those suspicions, which its suppression would infal libly excite. Mr, Hay observed that he was not distinctly acquainted with the .wishes ofGen. Wi kinaon on this suHjecj:, he shou d however, con sult him ; and he hoped that he would consent to the production of the letter under the restrictioni. mentioned by the court,' Some conyersation then ensued jiipcti the rVahggroerit necessary to the trial foriinisde trie anor. The marshal was instructde to suth mon a jurv, and Monday was fixed ior uic tnai. Satorday, .ScpjrS. x Me. Hatf wisfruz&Hxt extenoVtrie 1 1 terms of theeturn whic.h he made J yesterday I here was one pas- which he was certam me r resiueni himself '.would k eep back, Mr. V'Rae. As the President isw at JVjtbn prac ucble to senil an express to him with a Wbpbeua duces tecum ? It is advantageous on every conside ration to have the trial completed" at this term. V Almost all the wir hesses are present ; and perhaps it woidd be imoossiblc tCT collect - -r- g .. hem here again. , An express mifcht perhaps return in four days from Mohticello ; and is it not far better to postpone the trial f r that period, than to the next term oi the court I Mr. Hay here read the follow ing u Additional return : I hereby certify, that upon a more mm u?e examination of tht letter above men t oned, I have observed .ether pausagts, wnich are entirely ot a public nature, and which", according to my best judgment, ought not to be disclosed and which, 1 conceive, .woyld not be disclosed by the President himself, if the return wete to be made by him. CtOHCE HAY.' Mr. flay then observed that he d'd not conceive himself at liberty to put this letter into the hands of the defendant but that he would immediately send an express to Monticello for instructions; and that the return might probably be made by Tuesday evening. Chief Justice. Is there any ob lection then to the court adjourn ing till Tuesdv ? Mr. Martin said that he propo sed to bring the case of Israel Smith beiore the court on Mon day. Mr, Burr observed, that some grc. nunt might be made between his counsel ai(i the prosecution respecting the; letter and that they might go to. trial on Monday. The Chief Justice then observ ed that thefcouft would meet on Monday 'as some arrangement might in the ;mean time be made, respecting the letter. Mr. -Hay, I can consent to no arrange mtrnt but for me to furni h su- h paKs of the letter only, as 1 may deem material to the defence. Chief Justice If there are anv tatc secrets in that letter, the court would be extremely unwilling to call for its production. Mr. Martin. Gcndemen need not be so scrupulous air, upon this subject; for we can compel the appearance of the President be fore this court with that letter. Mr, Hay. Shall I furnish such P'irts in the mcn time as I am disposed to surrender ? - j Mr. Burr. -Yes ; under tht re servation, that such a step does not impair my right to demand the remainder. The Chief Justice theu observ ed, that the court would meet a- rr i'm at half ?fVr two iv h r r K nn. .l.. ta V ..MAV. ... VW.V VV W, .a.. ft . r V.- derstood that Co , Burr was to give bail on the trial fr misde me anor. At 2, the court assembled, wheri Luther Martin and "Thomas Lang ''time were accepted as his securi ties. Monday, Sept. 7. Mr. Bptts. The court will re collect, that wben the order was moved for the continuance of the trial for misdemeanor, we depre cated the serious inconveniences .f delay. It is much to be regret- ed that we should now be driven into the trial without the letter, which we have required j but as that letter may probably be receiv ed in the course of the trial we are willing to enter into it. Mr, Hay observed that he houid not wish the trial to be gone into with such a declaration on the part of the accused ; that he had sent an express to Monticello, agreeable' to his promise J and that he expected htm to return by to morrow 12 o'clock. He therefore dd tat '.wish' the jury to be fully sworn to day. , . The Chief Justice did not see any necessity lordelay on that ac count. The paper would probably uc acre -py tne time wnen.it is wanted, as it will not be required until the defence is openediV Mr. Hay said he,; wished every preparation tor the trial to be made to-day, but hoped that the atrial will not be gone into ntil to-rhor- row. He expected ome' com mu- nicattons trom the President, which would have considerable iu nuence on hm, with respect to his conduct on the trial. At this moment Herman Blan nerhassett appeared ifrcotfrt when U Va, ,VV. Kd attended Vdrthepurisose of .un derstanding, his true sifuatJpn. He could obtain bail" fbr"thevmisde mearioT, and it was obviou v hat under the opinion of trie court) the indictment for treason could not be suppottea, j Will you, iMr. Hay; etitera nole vrowut to tht proser. cutibh for treason. ; : Mr?Ha acquiesced " The sane question was asked respecting Israel Smith. and John Smith, Mr. Hay acquie seed as to the former, but sa d the case of the latter wins not before the court. M r. Wpodbridjge was security for Mr. Biannerhastseit in 5,000 dolls. Some conversation then-ensued about the jury , when it was de termined tb examine but not to swear them to-day. - , 26 lurymeo were then exami- int-d, and out of the number the prisoner selected James Boot- wiight, John Murphey, William Bently and'Yt-omen Smith, The Chief Justice then instru t ed the deputv mar&hall uV summon twelve additional jurymen by on norrow, Mr. Burr The Mar shal can hand mc the libt of them ih,.s evening. tThe court xhm adjourned till to-morrow 1 0 tT'lock. Tuesday, September 8. No measure of importance "was adopted this day. ; Mr, flay informed the court, that hi-, messenger had not returned from Monticello, Mr. Israel Smith appeared in court and bailed on the indictment of a charge of a misde meanor ; himself in the sum of 500O ioilar3 and his securities John B. Walton and John Alco--k in 2J00 dollars eacn. The names of the jurors who had been summoned, were called over, out of which Carter Berk ey and Kobert McKim only were accepted. Wednesday, Sept. 9, Mr. Hay informed h com t that the express he had sent to the Pre sident of the United States, had returned, and brought a copy of stu h parts of the letter of Novem ber 12, from Gen. Wilkinson as the President thought proper to be laid before the public; with a certificate written by the President annexed to the said copy, After many of the jury had excu sed themselves from serving, the following were sworn : Messrs Orris Paine, Jets. Boot' right Qbadiah Gathright, John Murphy v John M'Kim, Wm &zr ly, Teamans Smith, Carter Berkley , Jesse Bowles, yew. Penn, Robert Gordon and Thomas Lewis Mr. Hay addressed them in a short and perspicuous speech, in which he exp'aincd the. nature of the charges, exhibited in the in dictment which indictment' con tained seveu counts. The' first charged the defendant with begin ning a military expedition against the dominions of the King of Spain (with whom the Unltecltatesthen were and still are at peace) on the J3th day ot De ember, 1806, from "Blannerhassett's island in the coun ty of Wood ; die second with 'set ting on foot a simdar expedition at that time and plac; 1 The thud was to the same effect except that it specified Mt xicoas the particu lar territory of the King of Spain, against which the cnterprize was directed, ; The fourth was similar, to the first and second but used the words " preparing the means for" a miUt.ry expedition, instead of the word " beginning" or the words " setting on fool " The 5ih i was the same as. the fourth, except that Jk Mexico was specified, as in the third count, The Cth St 7th resembled the 5th, except tht, in one oft hem 4 an unknown territory of the King of Spain,'! and. in the other, 44 a c?m72"territory un xnowu, was mentionea msteaa or Me xico. Mr. Hay observed to the jury, that if any Of the charges in those counts were proved, it wbulu be incumbent on them to find the defendant guilty.' He then pro ceeded to examine witnesses. ' i Vlr. Graharn; tlate Secretary of the-0rlearis Tprri,Utjry);ras ca)A. i Buj; it being objected that hecqulcl not speak to the facts stated it) he indictmerjt he did riot proceed, but Peter TaylprV Maurice P. jlk. nap and Richar d Neal were exa minedit the iammation was fre quently interrupted by Mr. Burr and his counsel on the ground that thetesttmony was irrelevant, It'ap- pearing Coi. fiurr was not on the island, - ..4;. .ii v 1 A -MrBottscpposeA he ; , tion of furtrlv:lthf lnfe It : t - v , ' which he did oot get throuXl fore the court adjourned. 5 T "Wsday. Sept 10 Mr. Botts coucloded owi flowed by Mr. M nl! B - - t jui, in r in . evidence in f replied at great length. rnaav, ep. i t: M4r artirr cited sgvefai ties toshewthat the conlssi. person concerned jn a crime canno be made use of as evidence any of .his coadjutors pr asso,; He.was answered by Mr. UR also commented on the other rojnt? of law made in the tust. . Ur vi j continued the debate, and Mi. nV.5 dolph closed it for the day. eurapeau M?m. By an arrival at Boston in 42 daysfro Liverpool. LONDON. JULY 17. . Preliminaries of Peace haven only been signed between Rus3ia and France, but according t nhc following letter from K ttrrdam between Prussia and France : 1 ' Rotterdam, July 11,-11 a tWe have but ime to inform r, an express from the Ffenrh head quartM h brou6nt the inieiugeiice, irrt oo the c& s pij une iJie nei m nanes ot Peace v)tre signed between trunct, Itusiii &. i riiijj The particu ars are not e; known. " As soon a the Prelirainarie'-. were s gnedjthe jnteliiijerce xras ar.nrur.cedto the army, and celebfaiea by d;&chaistsoj cannon and by illuminationt. Of thcpor.l ditions of ths Treaties cf Peace xvc? re not yet accurately informed ; "bun the follow." mg are said to be among the principji ones: ' That Polanl shill beposssed as V fore by Prussia audKissia That ail the Prussian Terriror:ean"to be restored, tv. ccpt Silesia 3nd Westphalia That t.e lorrres r- of Mugdebuirg' shAU be suj-.-.soTi by the French, und peace between Gr, Britain and France shall take pluce ; nd that all the ports ad places on th.s siSe the Elbe shall hena furard be under the ' dpminicn r.nd. control of Fra; ee, conjectured, that Bremen, Embtli. t.he whoie of East Frieslai d, are to bt united to Holland, and that, oile&ia istc be erected into a eparate prinapalify." The above conditions, as out readers will see, apply almost en. tirely to Prussia. Indeed it is no to be supposed, that any cessioq of territory on the continent would u j . l i c ' i : ii oe uciiLmucu rom rwussia. i nere are, however, we have no doubt, some stipplations with respect to the Seyep Islands, and to Turkey. France' wo ulcj stipulate that the war between Turkey and Russia snail cease, and the status ante bt tutr(he cstabHshedhetween the two poyers. We are anxious to knovf whether in the negociation mf. mention was made of this country, A. letter from the banks of the Elbe states, that after the Arrais tice was agreed upon between the Emperor Bonaparte and Alexan der, the latter wrote a ktterto the King of Sweden, inviting himtQ become a party to the armijdcvr A report was current that the Eng lish was banished from Russia.- it is stated, in n letter from Delpt, of July ll, that after tht: Preliminaries of Peace weresigih ed between Bonaparte and Alex- ander,,the two Emperors h:ul a meeting, and mutually rnhnced each other, rejoicirsg over this e vent. It is also said that a se:on interview took place, at which the King of Prussia was presen oa the following day, in a pavillic-n constructed on a iiule island in the Xiemen. A third meeting v;as had on the 28th, which was fo lowed by a dinner, at which n ? Prussian majestv was also present. A mad from fopingen enzblci us 6 contradict the account of. Denmark havinc shut the Sount?f On the 2dr about 50 ships belong ing to the expedition pa3sed Sound, and sailed by Ccptnluget! without the leas mpjestapp? part of the expedition went thu the. Great Belt, But though P attempt has 5 et leen made tp-shat the Sound, ministers have lyuscn to believe that Donaoarte .iU mediately endeavour to maker IX ?; - f mirV -I t-t fmnrt hpr r.eUtriityt and they have threfpre ytsduQ to send a strong fleet into the tic without loss of time. DcnmaU may theu reply to any demand tQ depart from her neutrality, that ;P? measure would be of no avail, , t ,Britajn having so powerful a fietl in the Baltic,, The fleet, iti lievedvwili be under the comrnaca of the following officers : Adm Gambier, Sir S- Hood, Adni Essington, Sir Home Pophaman? Qommodore Keate. Two French sail of the hoe at fouT frigates escaped from Kcc fort on the 8th of June. The French troops occupy Memel. before the conclusion the armistice. Casel 'capita 1 1 fit" ' C--' y t a ai
The Weekly Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Sept. 17, 1807, edition 1
2
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75