The national intelligencer and Washington advertiser. — Washington City [D.C.], 1807-02-04 00:00:00, page 2

A- t'.VC I
the ,
-
■
■
■-. than i
■r.ent, |
.- that wr |
which cafl ;
; ort. Are
ii aware of the oi this
e t -.t <• Tie*, is the firft at empt!
ier this government to
;,. (—if v,-e filfp ;: 1 It '
-. OS there ts no
- i not 1);' |
■ that it |
■
Parties will probably
ti v. »ofe a i redmninaut
. (.'.. ] ire
he dan-!
1 d'» not ]
■ fuch a (ituation as to j
.b a I'ul'j-.-iiden. But I have
j»*r in fuch a Ii nation ; j
niK it docs not !
we fee the ■
o firmly attached to tbrir ;
we to be thus a
a tew del,
i tempting toftifj
'\ e.R ? T - iother j
: legation wl.ith will indui -
hearty negative to this bill. I
.ns fee that wo are
ider fuch cif n't.fiance , to In- i
toe wfrt of Habeas Corpus, will i
il io» ,
(: . -,l fuppoitill ' itrTftui. the
application oi ihe /-roiis anu
ex raordinary remedies.
Mil. DANA. I uiderffaiid that the
flucflioii is, whether tiie bill i'lisli I
-,t i fii H ft ding, Without paf
ling through the ordinary form* ol pro-
Inch cafe* the ordinary
is chert any thing in
, i pi / I le to Oelibe
upon ? If they are of opinion,
tt c;m be modified in inch a way
.it ought
to a committee of the whole. This
m wlit. n the motion was
to reject the bill. I wasdif
pofei agaiolf the queltion, al
though the bill went to repeal the bon
fUtution. 1 have been accuftomed to
lege of the writ of Ila
ie moll glorious in
t nun. 1 was notwithiland
oin a r' pi a to tiie other
iture, difpoled to in
.. to examine win -
- was any n for it. As, \
on the one hand I wa» inclined to be- j
of the Senate |
bad, on this occifion, been tinged j
by a fhrong abhorrence of rebellion, fo I
J way willing on the other, to take time >
to guard it ; it «n equally
-.nee of U-cta
ijut On one principle 1 cannot
, ier this bill as a proper
i'ubject rrf-mveftigatioH for one moment,
rceive on further examination of
■ mate have provided
for its I'uipenlion, rp rates where per
have been already arreitcd. Had
led to future arrelh, 1
ye agreed to deliberate on it,
in the light of an ex post
law, 1 mult give it my inilaiitaiie
itive. There is another princi
appears to nic highly obje&i-
Jt authorizes the arreft of per
irl; by the Prefident, or
r hie,ii officers, out by any perfon
acting under him. 1 imagine tnis to
be wholly without precedent. Iftrea-j
Were man hitig to force us from our j
, I<would not agreeto do tins. II
i not agree thus to defirey
fundamental principles of theconiti
•■,, or t© comnj. fuch an act either
Mm or pufillanimity. Under
of the iubjec-t 1 am difpoled
ill, as containing a propo
. 1 cannot deliberate.
The yeas and nay? were then taken
c " lii.ol the bill he re- j
d*— Teas U3-wNay« 19—as foJ-j
YEAS.
Alston, junior / Andei
•up tell, J. C ,i.
'
■
t, jtuiior,
.c. I ,:,i , i;j. ,
■
odw vii, Gray,
" ', ■>
40i,,Jones,
i , junior,
I
j. Nelson, K.
, Q«ilii ; indolph, T. M.
:.. til a, Khea, (Teou.j
m<m<», "fsrVf.r.fr."*>, '
- ilit-. J. Smith, :
I hompsnn. 'i. W. '
-'--n Cert- ;
, Van H
.ill, U. WUitehill, 1). R.Wil
\\ illiam , \v lis m, Winn, :
Wj mis )
N AYS,
rher, BirlweH,
Chandler, Cot's, Eurlc, Green, Helms,
'■•r ; , Mumford, (>hb, Sahdfbrd,
r- tithard,Thomas, Varaum,Verplanck,
, Walton, Wickes, an.l N. Williams.
j L< tiers are received In thi*. citj
; Nashville, at January lsi.h. !
■ "i oe, i i ; - i tive i
ito Burr's - the unt- i
tion in which the 001
I r cy and its nit'oof
[ ( 'f ' ' -eutiment j
c pride of an |
'•' ""b ;
1 wh.-u extent! .
I tei n country.
j Thers is n lievr, the I
iai
*, infi'm .ling a
•■ r • oi »he r»ego i tions b,!w. t -n tiie
• Uniti rid Great Britain.
Uniifd States ~)
■ • . v
- -V/ wout. S
't' Vl ii tr/ns were deli
-th oft. in tie- rireuit '
i-t'iet of Columbia, oh
the motion to commit the \>r''
'Judge CRAJYCH delivew I
foil • on :
It is the oj in ion of a majority of
judges thai Brtfl Boilm tn and Smfim I |
;vv.i: ! , ~,_ -
•J for t. ; .0 crime *i h * . i.
charged* it \% -. -.; •: ■, •
■rity of the judges tn ii they g
■ ■ admitted to bail al presi m.
Upon the mo
this court by the attornt) ol ti-,- t
lor a warrant to arr ,- Boilman
. iwartwout m mi th «Ii irge if
rm ae. that the U. S. i th<
selfbonnd to tiiaaent from the opinion
oi my hiv-lhren on the h c ause
I did not think that the beft»r
: )> nath or aflrrm ition,*h iwed
probable <..., ■• - ■ believe th n -
oners had levied war araint t
; the U. S.
After furtherdeliberaricn, and n more
I mature examination, both of the cvi*
, dence and the lvw, my doubt a are very
| much confirmed.
In times like these, when the rmblir.
| mind is agitated, when wars, and ru
mours of wars, plot*, conspiracies and
mns excite alarm, it is the duty of
otto be peculiarly watchful lest
public feeling should reach the (hal
slice, and thereby precedent
dished which may become the rea
dy toois of faction in rimes more duas
tfous. The srorst of precedents mry be
dished from tha best of motives.
We ought to be iiponour guard kstour
zeal tor the public interest lead us t<>
overstep the bounds of the law afld the
constitution; for although we may
thereby bring one criminal to punish
, We may furnisli ri, e means b
which an hundred innocent persons
suffer.
The constitution »'«t made for tim ij
of com motion. In the calm of \
and prosperity there is seldom gre
justice. \ Dangerous precedents occur
jin dangerous times. fyU then becmi.es
j the duty ot the judiciary, calmly to
I poise the scales of justice, On moved by
j tiie arm of power, undisturbed by
j the clamor of the multitu
Whenever an application is made to
os iii our judicial character, we are
bound, not only by the n«ture of our of
fice, but by our solemn oaths, to admini
ster justice according to the law:, end
constitution of the I*. S.
No political motives —no reason* of
nistity a. disregard oi th.-.t so
ti Injunction.
ln ' mergency, it Is fa- the ;
..'ive department the govern- I
i incut to act upon its-iWii reaponaibifity,
; and to rely upon the necessity
t«JB ; jut the, ( ~rt
is bound by the law and the constitution
in all events.
When therefore; the constitution (}•"- \
clares that "the right of the peop
»'• be secure In their p*«*tirm«," '. gainst !
" U" II h )( be j
'," and th warranto
v shall issue but upon firobable cause
".supported by <;a ; k or affirmation,*'
s any in
dividual ra , to ob«"y its couri
mend.
. Tiie cai ng a warrant ot ar
rest, is :\ crinv - <\ by the per
■l. Probable cause, t) i
fore, • .i!ity tw it the crim. h.is
committed t;y that person. «>/
this probability, the couri rati ,
issuing the warrant, must satisfieu
WK D JSTK .S D.i V, 11. Ii 1< UAR YA.
j OoMooday the SUPREME COURT |
..u.oeiici ii i-.s sittings in !
\ this city,
s . T.
JAMEfiANDt.Ki ntlorae*,
•mm and commerce at , and
also agehf for the Navy Department
in the island of Cuba.
Ia tters have been received (Vom N.
f >'■!'■:.:) ■;-;,. ~- . . Ifld Of J.,!.
st y r Lirain. Sn ail,
j on a eh irge ot '.err's i
j conspiracy, and shat *ix boats bad pass- ,
;< <\ Natc.ii. ss, after ah examination.
>N CITY,
~ibh> 4'> tern*-""'
■ lyfocfAi tfiport orajfirMQtion'. j
facts \her*-f«>re which are stated '
i o th, must induce a reasonable \
that all the ■■'<. !••■ htve been :
! ■'- ne which constitute the offence charg- :
, i
The question WnMner v crime has
been committed is a question partly of
!;n><, I ict.
What acts constitute the crime, is a j
qu» stifHi ot law .
Whether those acts have been done,
is a question ■ f fact.
The crime charged in the present
ca*-e mtr.eason against the U. S.
The om-stion nf law is, what acts !
Constitute thai crime ?
The 3d sect, of the 3d art. of the
constitution of t!e V. S. says, that " trca- !
son against the U. S. shall consist only \
" ,-',.' levying war against thrk, or, in
" adhering to their enemies, giving them ,
" r.id and comfort."
[ As ii i-i not contended that, the prison- I
crs are guilty Ooder the second clause
of the definition ; ir'tuiilty at all, it must
be of treason in levying War against the
U. S.
To a man of plain understanding it
would seem to be a matter t f little diffi
culty to decide what was-meant in the
constitution by levying of toar ; but the
subtilties of lawyers .and judges, Invent
ed in times of here and turbulence, have
luvolveu the question in seme otoscu
, nt- .
It is not my intention, at this time, to
h •"/ far the expression ought to be
ed, m-r how far : ,t lias bt^etl
l that ■
i -II n**i e>- in this ' eo.pt ;
the lot r hsl of constm ti ire 11
I vent.
■ ',1 I «i. t.'e
! hnltiort < I ainst the. king, ;
jor rgaintsl thr 1 7 S. which 1;.
i
•, and with an i itent to do some j
I trfcttonabte act, ml airmed In Warlike i
i r, ->r eh ■ inch hum- I
I tiers as to aspersed* th tj of]
| arms, i
The aifvocates forth" pioseeution .
not, as I undei stan i, enrit. v ed I
for 1 a more unlimited ■• ftnitron than '
tins.
hi* unnecessary, and perhaps.would i
• pmper for meat thi > time, to say
testioti ■ f i .< i, than, iirnt
i i my opinio;.., thi re is no proiiable
ppqrtj d' y nat h . lion,
i withtt: the meaning of tVn c nstitation,
arge ei.th«*r Doctor Hoflman, or Mr.
j Swart wont with treason !i; b vj ing v,.ir
i ;st the U. 8
From some of the dw trines urgetl on
, im- part oi the prosecution, 1 must,most j
re my di>
I can never agree that executive
! c- m.nimie,et',<a.s, not on oath or aHi cm a.- '
I tion, an, unot r the words of our consti- \
.. la ii < - ived -ts sufhcien c id< ■■
in a court of justice, to i man
with treason, much less to commit him
rial
It Sttfh doctrines can be supported,
there i* no necessity of a suspension of
the privilege of the writ of li rbeaaCor
by the authority of the le^L-da
lUCOi
As it is admitted that such com
' nil atlO is ran not be • * ii'.ei.ce <"n the iri
j al, and as anopiniort on that pt/int, there
| fore, cannot, ou considered as prejUdg.
Jmg any question which Can occur m a
subsequent stage ol i!ie prosecution, 1
| have though) proper to be thus explicit
on that point. —To have said less, 1
should nave deemed a dereliction of
duty.
Tilt substance of JUDGE DUCK
ETT'S opinion.
Mr. D. said he should not make many
nbs i-vntioti, in addition to v/h it hp had
r. marked on granting the district attor
ney's motto , for it warrant u> arr< st
rlson is on the char;;, of treason
—Nor should he make any firoft usiona
of scriiputi us attachment to the right
oi pen:-, .\i I berty n the citizens of our
country ; because, if the whole tenor
ot lis conduct through tile, Had not
evinced such attachment, ho felt assur
ed., that no professions on ids part
could on lids point "secure the confidence
ot the public,
IL cmi in red. in the sentiment, that
|no rtaSOns of :tate. no /
j diotild be suffered to influence in the
slighte t d eg-i i the decision of the pre.
sent question;—but while on the one
hand, a due regard should be paid to
tfir right of personal liberty in the ci*
tizen, v.c sin.aid hot be entirely forget
ful ot the duty we owed to the public,
of preserving the constitution and go
vernment of the country.
That on tiie question then before the
Court, 1.-, won,.i observe, as he had
done when the wan am. issued, that ii ■
w old at that time give no opinion,
to what constituted a itVytng of war
within the definition of treiuon in the
■ constitution of the Umti d States, 'i hat
it appeared'to him unnecessary, if not
impl'i per to do Si), ;s he might i.< call
ed upon to decide the law, in reference
to the facts tb t might tppear on the
trial of the prisoners.
That the only question thei. to he de
cided was, Whether there was probable
cause supported by ath or affirmatioo,
as required ! >y the 6u» article ot tne
amendments to the constitution, tom«
dace a belief that t«c pruumeis were
guilt) of the crime loir which the) had
it< d. 1 hi* cju' s ion he said
' h- d bi-.n deliberate ,v con y the
: court before the warrant • v if, and be ,
;ht t-very thhig in this UlC< ptlve
I statu ol • " business, was regular!)
; ; Ik th i
h t permitting c< onsi lt<
on any qm sti n, except, W bethel
off nee Was bailable, and whether v
the cn'-mnstati 's, tiie court in in.tr
discretion ought o bail. They ba ,
how.vir, been ftJloWed to argue met.
feet to 'he utmost latitude against the
propriety ox having issued the warrant.
soon a* *h J tirnal of Saturday
. Mr. T. Moore lose and said j
to his lot bad been a
doty oi" tn c, ~ I the ;
h ..i 01 '■ ~i its members. His i.l •
rNi-.ii.th L EV, ;
had died ■
<>n winch Mr. i'-ir ly ■■><•' d "It" fall
lowii ' were uuaiu
d ;
olved) i. imittee be ap.
■ ■ i i ,i< »d
--log the jjucraluf gCherai Levi C
ITo thi-j argument ne had given the
'st detest atti ntion, and < < ulti oh
| with Mr. Fitziiiigh, that it would le-
i■ •■ i well ndrlri t --.-'! to the jury, :>
! pri'-mirs bad b< en ep n their trial,
| It had however pro.iur.
;in his opinion, as he still thought there
I was /ircbable cause appearing to the
; court to authorise the commitment of
j the prisoner* f r tr'al.
To determine this question said Mr.
D. let us take a short view Of the evi
dence.
The depositions of general Wilkinson
i prove unquestionably, theconnection of
j the prisoners with col. Burr In carrying
I Into etl"< c.t on-- com mi n intent or pi in,
'.and their knowledge ot th : s view.
j They indeed shew, irem the acts of the
' pris' tiers and thesr own confessions,
th. ir immediate agency in the Jurther
, ance ot this scheme, If then it can be
i shewn, that Mr. Burr has probably
I committed treason, their agency and
connection with hico, while" possessing
this knowledge of his treasonable views,
create the stme probability against
them, as in the same treason i il in this
stage of the business must be considered
principals. What then .-. ..,■- i
lion, in- quo ammo with Which Mr.
Burr's expedition was undertaken f
This by- general Eaton's deposition, is
proved to be the aep trathm , f the wes
tern fmm the Atlantic states, and the
rfishment of a monarchy there, of
wni ti Mr. B. Was to be the sovereign-.''
It is probable he hadanothei ..
| w, eke invasion of Mexico :i ut
not appear to a from
; his treasonable pfcui of /dismembering
the union, This tc intention
ited i.i the confessions ma lei to
I general Wilkinson by one of the p'rt
! so-., is. Li the pursuit tiien of thisob
-, jeer, we find that Mr. B. had actually
■ commenced tne expedition, and that he
i expected to be tit :•: rtche* with an arm
!cd force ;.t a certain period. It. Ap
i pears too, from the con of the
; pris o-e, tin -i ■< 1 v.j-:, ih.t Mr. B ttiao
\it.Vyjng a tatge body of arm d nun,
j and what mat go tar to pr>ve their
'ftnuwVfdge of and agenci inthat usi-
I ness . c c,- wh i w •:. tn com ■
mand the first five fVumired men is
' stated by name. One oi thi pri
I also says that he. b ,<i written to roloiu 1
Burr for proi i - cir
cumstances, or themoetveo, not amount
to wei t act* oi levying -
i q a .trbn Mr. I), said lie al
attnat time say nothing, yet when t
in connection with the Bituation of the
-■■•;, the ■ alarm existing
among the and the active pre
|p ir ttions ol lb-f- t : (,e against -,v eXp
ied attack, they furnished v
\*aiie evidence that they haxl be n fol
lowed up by the commission of i
| acts on the part of Mr, I'.ui r and the
-.r-, th it would amount ffl a
f wat within the stri- test d
tion ■>. lb No- is there any
thing in the testimony said Mr. I), that
can positively exclude the inference, <l
an active co-opt ration on the p it of
the- prtsom rs in the differ nl measures '
that arte probably Imputable to Mr. \\ j
,i- 1). then i-en irked that nn db- j
s'-rvi i-'i to de hi himself on issuing]
the warrant, seemed lint to hive I
orreetly understood by the prisontrs
counsel.
He had net s iid, that in the present
cast it Was necessary to resort to pub- '
lir documents loaid the depoaitions hi :
furtii htrt; 'irohalile cause for the ar-i
rest ; bar he would now observe as lie
h .1 thefhdone, that althoHhe depositions :
to his mind establish a probable !
«on which be eeul.l act, yet that
thi pr bability was strongly totrobo*
rated by the- rn< isage of the Presith r.t
i andotht r public documents on the sub- j
n admittn gthat th
I article of the amendments to the con- I
st', ntion which provides again »tgen
w itrants, mi' require an oath of
ii,:,ri• ii b< hi'-e any warrant can i
ym he •-.- ill ! hot subscribe to tiie doc- |
!.'m. ,', ii the circumstances showing !
tie ;., :- tble cause, must tn ail Cases
iiitaiiud in the oath or affirmation
it:.t?lf. Ifthisprincipicbeor.ee consl-I
I (-■ ri •(". ij wouh indeed, when :
t.-.!.' n in '■ nnertion with the necessity I
contended for in th* present case, of i
proving, on a q ' commitment ,
the iv si-iv- existence of the offence I
charged,be 'he wofstprecedent, as it j
regarded the public safety that could j
possibly be "stabhs'ed, though at the
same time it might be the most conve
nient cloak for treason tint could be in
vented. Under this doctrine, even an
authenticated record shewing the con
viction of Mr. B. of treason, could it be
produced on the present qu.-5...,.
would be deemed inadmissible in corrd
\ boration ot the probable cause com i
in tne ail'tdai its,
Mr. D. concluded by observing, that
he was opposed to bailing the prisoners,
for although the evidence might also
h.w rh rged'tiiem with ft misdtme ntr
ih settingon foot an expedition against
a nation at amity with the U. §*
yet as they ha<l bun arrested on a :
charge of the highest offence agathst
! th'ir country, nothing but t.lieir /.-, rs >»* j
' could be considered an adetjitate aecurt
jty to the publicti
Hou > E " • ssti td tins.
Monday Fkb 2.
j is the 'lousk of Ri pi tiSxytfArirES.
t to the ['tarnation of" 'lie
>« * 'T-.p Sing
!'- E, (ie V-'u-rnihtr Mi) liip
.-■« old. 14 1 i
; a j m , j., uo other r- rcelveable
i brip'd or fleft mark, rhe Owjs is defired
rravc property, pay charge,, an d
I ukc her away.
SAMUEL SHEIC: I
I February 4- ,nc
late n representative cfthestate of S-.
linn
lived, That ( he members of this
'.'•.■- d'y their respect for the
I mempvy of General Levi Casey, by
•veering crape for ihe month.
Oi motion of Mr ffotiand, the fol
lowing resolutions were likewise adopt*
ed unanimously :
R'solved, That the members of this
House will attend the funeral of tho
late General Levi Casey this day at 1
o'clock^
Resolved, That a message be sent
to th« Senate to notify thi in of the
death of General Levi Casey, late a
, member of this House,and that his fu
neral will take place this day at one
o'clock.
When, en motion of Mr. Early, the
j House ioi mediately adjourned.
Tuksoav, Feb. 3.
Mr. Brown prevented a petition from,
Elizabeth Broadhead, the widow of
huke Broadlx ail, a pensioner of the V.
S. praying for relief. Referred to the
, Committee of CI ints,
Mr, Boyle from the committee on
■ public lands presented a bill respecting
: claims to land in the U rritories of Or
j, leans and Louisiana, which was made
| l'oe or,l< r for Friday.
i Mr. Roy c "o-n the same committee,
jon the petition of sundry officers who
! served in America in the war between
\ France and G. Brit ilrt, made a report,
tderab'.' length, concluding with
; a resolution that Vav pra'. er of the peti
j tion uftght not to b- granted.
Referred to *i committee of the whole
on Monday next.
. Juntv, iro-n the committee of
tierce and manufactures, moved
i their > from the further consi
tlonoi sundry petitions praying for
[an extension ol cr«dlton the payment
of duties on roods imported from the
jW. Indies to tlv >mmc period allowed on.
: go <ls Imported fw in Europe,
I Mr. Iv.rly observed that tae-commit
tee had been informed by those who
( presented tbese petitions that they
would be able at the next session to fur
! nish information th,a-t would shew the
propriety of the measure prayed for.
After a short conversation, (he mo
; tion of Mr. Rui ly was agreed to.
Mr. Early Item the committee of
mrrce and Manufactures, present*
ed <* bill for the it lief ol Edward Top
v "> (on er and George Jenkins,
wh c!i w is -. ferred to the committee of
the whole on Fri I y.
/!<>-. //■/.,,,•., ro-o ilu committee of
•n ( ort On ihe petition
ofCharl.s i"i'i:.i:i. unfavorable to its
pi aver; which Wa» ordered to lie on
the tal
Tho bill otnovisinitthc issuingofdt*
iree in certain eases, was recom
-Ito -v covwb'o .- . \ ;i)e whole—
IMr BASSE rin the. chair-,
V.'t ro i.-hkr.i )•• discussion, and a
-1 mendment, the committee reported tho
j bill—When the Moos,- adjourned.
LEGISLATURE OF GEORGIA,
t _.
Saturday, Decembei (tyA, IBofi.
Qn motion, unauimi U ily resolved,
That this legislature, c■> npi ed of the.
immediate-representatives ~. the peo
j,pie, by ifhem elected to declare their
Will, viewing the blessfnga and, distin
guished political benefits lerived in a
j sUte and national c picity, from the
j impartial, wise, and judicious adminis
; tration df Tlmm is .l( fferson, President
of the United (States, embrace this op
ponunity of expressing their full and
entire confidence and approbation of
j his official conduct.
At the present momentous crisis,
! when the civilized nations of the Old
1 World, to whom we art bom d by the
j ties of interest or political friendship,
1 aie convulsed, and either engaged in
j the prosecution r I tie ;> i . live wars, or
I forming coalitions Which threaten the
i destruction of nation vnasties;
it is ol the utmost importance that our
i political barque should be directed ny
; the hand of a master, in whose integrity,
. discretion and wlsdo , the people of
these Unittid States cmi with safety re
j ly. VVe therefore in the name <f the
■ pet pie ol Ge irgia, request that Thomas
! Jefferson will devote four years more of
his life to tiie service o* his country, in
order more permanently to establish
those principles of political liberty,
I which is the boast t.a.l j.rlory of Repub
lican America..
Resolved unanimously, To t his ex
cellency the governor, do, without de
lay, transmit a copy ol these resolutions
to our members i:i Congress, by them
to be presented to our fellow citizen,
Thomas Jef*ersou.
:•'. VVHITARER, Speaker.
A true copy front) the Journal,
A"
HVtt¥& HOLT, Clerk.
Read,'and concurred in nnati r«o«sly»
EDWAWD TELFAIR,
Preside] > ■ -.ate.
WILLIAM fcOBER'I>ON,
S"i i ci ary.
(<i'eo.)
.r, Dt>e. 6th, i
Prevented,'read and approved of,
JARED rRWIN, (
Test,
JAMES BOZEMAN, Ssc.