Herald of the United States (Warren, R.I.), 1807-08-29 00:00:00

Gazet of the United States.
WARREN, (R. I.)—PUBLISHED NEAR THE POST-OFFICE, BY NATHANIEL PHILLIPS.
[No. 39, of Vol. XV.]
SATURDAY, AUGUST 29, 1807.
[Whole No. 767.]
TRIAL OF AARON BURR
(Continued by adjournment and held at the capital in the Hall of the House of Delegates) for High Treason against the United States.
MONDAY, AUG. 10.
HERMAN BLANNERHASSETT was this day brought into court.
The following gentlemen appeared and were recognized: RETURN I. MEIGS, MACE-BEARER; P. BELLNAP, CHARLES DUVALL, JAMES TAYLOR, TUNIS DILL, BENNETT COOK, HEZEKIAH LEWIS and G. B. VAN HORNE.
Mr. WIRT moved the court to discharge Dr. WARDLAW, one of the Venire . His wife was in extreme danger, and required the assistance of a voyage. The vessel would sail to-morrow. Chief Justice .—Is the court to understand that there is no objection to this measure?—Mr. BURR.—If the remark be addressed to me, sir, I can only say, that I shall remain passive during the transaction. Dr. WARDLAW was then dismissed.
Mr. M'RAE also moved the discharge of Mr. RANDOLPH HARRISON, whose extreme indisposition was attested by a certificate from Dr. ADAMS.
Mr. H. was accordingly dismissed in the same manner.
Mr. HAY moved that H. BLANNERHASSETT be arraigned for high treason; which Mr. BOTTS opposed on the ground that he had not been furnished with a copy of the indictment for three days. After some desultory conversation on this circumstance, Mr. BOTTS requested that Mr. B. might be re-conducted to the penitentiary, as he was extremely indisposed, and the heat nearly overpowered him. No opposition was made, and Mr. B. was accordingly re-conducted to his prison.
At Mr. HAY's request, the panel of the jury was called over by the deputy marshal, and also, at Mr. BURR's request, the list of the witnesses whom he had subpoenaed for the purpose of investigating the qualification of the Venire .
Mr. HAY read a certificate from Dr. URSHAW, stating that Mr. JAMES HERDER's son is sick of a bilious fever and incapable of attending.
Mr. M'RAE then read a certificate from Dr. GREENHOW, showing that DAVID BULLOCK, Esq. one of the Venire was prevented by indisposition from discharging his duties.—Mr. B. was accordingly excused.
The clerk informed Mr. BURR, that he was at liberty to challenge such of the Venire as he might object to. Mr. BURR begged leave to inform the jurors who were within hearing, that a great number of them may have formed and expressed opinions about him, which might disqualify them from serving on this occasion; he expected that as they came up, they would discharge the duties of conscientious men, and candidly state all their objections.—The Deputy Marshal then summoned,
1. HEZEKIAH BOTTS.—Mr. BOTTS.—We challenge for cause. Have you ever formed and expressed an opinion about the guilt of Col. BURR? Mr. BOTTS. I have not, sir, since I have been subpoenaed.—Q. Had you before? A. I had formed one before in my own mind.
Mr. HAY wished that the question of the opinio counsel could assume a more precise and definite form. If this question were proposed to this panel and to every other man, he would venture to predict, there could not be a jury selected in the state of Virginia; because he did not believe there was a single man in the state, qualified to become a jurymen, who had not in some form or other, made up and declared an opinion on the conduct of the prisoner. The transactions in the west had excited universal curiosity; and there was no man who had not seen and decided on the documents relative to them. Do gentlemen contend, that in a case so peculiarly interesting to all, the mere declaration of an opinion is sufficient to disqualify a jurymen? A doctrine of this sort would at once acquit the prisoner; for where is the jury that could try him? Such a doctrine amounts to this; that a man need only do enough to draw down the public attention upon him and he would immediately effect his discharge. Mr. H. concluded with a hope, that the question would assume a more definite form; he should not pretend to decide the form on which it should be proposed; but it was a privilege to which every court is entitled, and one which the court had exercised, that had presided in the case of JAMES T. CALLENDER.
Mr. BOTTS considered it as a misfortune ever to be deplored, that in this country and in this case, there had been too general an expression of the public sentiment, and that this generality of opinion would disqualify many; but he had never entertained a doubt, until the prosecution had avowed it, that twelve men might be found in Virginia, capable of deciding this question, with the strictest impartiality. He still trusted that the attorney for the United States was mistaken; that the catastrophe was not completely fixed; and that every man in the state had not pledged himself to convict
Col. B. whether right or wrong. He was not present at the trial of J. T. CALLENDER; but all America had heard the question which was then propounded to the jurymen; and that was; whether he had made up and expressed an opinion respecting the guilt of the prisoner.
Mr. HAY would put Mr. BOTTS right in a matter of fact. The court would recollect that on the trial of CALLENDER, the question was not whether the jurymen had formed and expressed an opinion on that case generally; but on the subject matter that was to be tried, and couched in the indictment. The question then in the present case should be: Have you formed and expressed an opinion on the point at issue? that is, whether A. B. is guilty of treason? On the trial of CALLENDER, the court would particularly recollect, that Mr. JOHN BASSETT having objected to himself, because he had read the libelous publication, was actually overruled, because it was not on the book itself, but on the subject matter of the indictment, that he was called upon to say, whether he had ever expressed an opinion.
Mr. BURR declared there was a material distinction between that and the present case.—Mr. BASSETT's acknowledging that he had seen the book did not disqualify him from serving on the jury; in the same manner the person who had seen a murder would not be an incompetent juror in the prosecution for that crime. But if a man pretended to decide upon the guilt of a prisoner upon mere rumour, he would manifest such a levity and bias of mind as would effectually disqualify him. Mr. BOTTS however has not yet come out competently with his declarations. Let him be farther interrogated.
Mr. HAY observed, that the question would even be too general and vague, if it were even to be—"have you expressed any opinion on the treason of A. B." for the case stated in the indictment was infinitely more specific. It was treason in levying war against the United States at BLANNERHASSETT's island. Unless this particular allegation be proved, it defeats all the other parts of the accusation; and it was probably on this point that the juror had never made up any opinion.
Mr. MARTIN contended that it was the province of every jurymen to come to any cases with the most perfect impartiality; and more particularly in one, where life and reputation were at stake: that it was a libel upon Virginia, a blot upon the whole state, to assert that 12 men could not be found to decide such a case, with no other knowledge than what they had picked up from newspapers; that there was a material distinction between this and CALLENDER's case; that libel was a book in every man's hand; but does any jurymen in the present case pretend to know the testimony on which this charge depends? The gentleman proposes to ask the jurymen, whether he has made up an opinion on Col. B.'s treason; but it is extremely probable, that most of them know not what treason is; and though they may decide upon the guilt of Col. B. that they may be ignorant, whether it comes under the name and description of treason.
Mr. BOTTS quoted authorities in support of his opinion; 3 Bacon 358; a case from HAWKINS; the cases of SMITH and OGDEN; and Judge IREDELL's opinion in the case of FRIES.
The Chief Justice observed, that it might save some altercation, if the court was to deliver its opinions at the present time; that it was certainly one of the clearest principles of natural justice that a jurymen should come to a trial for life with a perfect freedom from previous impressions; that it was clearly the duty of the court to obtain such men; it were possible to produce them free from such bias; but that if it were not possible from the very circumstances of the case; if rumours had reached and pre-possessed their judgements, still the court was bound to obtain as large a portion of impartiality as possible; that this was not more a principle of natural justice, than a maxim of the common law, which we have inherited from our forefathers; that the same right was secured by the constitution of the United States, which entitles every man under a criminal prosecution to a fair trial by "an impartial jury." Can it be said however, that a man is an impartial jurymen, who has declared the prisoner to be guilty and to have deserved punishment? If it be said, that he has made up this opinion, but has not heard the testimony; such an excuse only makes the case worse; for if the man has decided upon insufficient testimony, it manifests a bias that completely disqualifies himself from the functions of a jurymen. It is too general a question to ask whether he has any impressions about Col. B. The impressions may be so light, that they do not amount to an opinion of guilt; nor do they go to the extent of believing, that the prisoner deserves capital punishment. With respect to Mr. BASSETT's opinion, it was true he had read "the prospect before us;" and he had declared that it was a libel; but Mr. B. had formed no opinion about J. T. CALLENDER's being the author. It was the same principle in the present case. If a jurymen was to declare that the attempt to achieve the dismemberment of the union was treason, it would be
no competent disqualification; but it would be the application of that crime to a particular individual—it would be the fixing it on A. B. that would disqualify him from serving in his case. Let the counsel then proceed with the inquiry.
Mr. BOTTS. Have you said that Col. B. was guilty of treason? Mr. BOTTS. No. I only declared that the man who acted as Col. B. was said to have done, deserved to be hung.—Q. Did you believe, that Col. B. was that man? A. I did, from what I had heard.
Mr. HAY. I understand then, that the question proposed in CALLENDER's case is to be overruled? Chief Justice . My brother judge does not recollect whether it particularly went to the indictment. Judge GRIFFIN.—I think the question was "relative to the matter in issue."
Mr. HAY. The very position that I have laid down. Chief Justice . The simple question is whether having formed an opinion not upon the evidence in court, but upon common rumour, a man is competent to decide upon the real testimony of the case. But in my opinion this very circumstance only disqualifies him the more. Mr. WIRT (addressing Mr. BOTTS). Did I understand you to say that you concluded upon certain rumours you may have heard, that Col. B. deserved to be hung?—A. I did. Q. Did you believe these rumours? A. I did. Q. Would you, if you were a jurymen, form your opinion upon such rumours? A. Certainly not. Mr. M'RAE.—Did you form and express your opinion upon the question, whether an overt act of treason had been committed at BLANNERHASSETT's island? A. It was upon other rumours; and not upon that , that I had formed an opinion.
Mr. MARTIN submitted it to the court, whether he could be considered as an impartial jurymen. The court decided that Mr. BOTTS be put aside.
2. JAMES G. LAIDLEY stated, that he had formed and expressed some opinions unfavourable to Col. B. that he could not pretend to decide upon the charges in the indictment, which he had not heard; that he had principally taken his opinions from newspaper statements; and that he had not, as far as he recollected, expressed an opinion, that Col. B. deserved hanging.—Mr. LAIDLEY put aside.
3. JAMES HAMILTON being challenged for cause and sworn, stated that he had formed and expressed an opinion from hearing him say, that Col. B. was guilty of treason, and in that particular line of treason, in which Col. B. stood charged, as far as he understood. Put aside.
Mr. BURR observed, that as gentlemen on the part of the prosecution had expressed a willingness to have an impartial jury, they could not refuse that any jurymen should state all his objections to himself; and that he had no doubt, in spite of the contrary assertions which had been made, that they could get a jury from this panel.
On Monday the 17th inst. the petit jury for the trial of AARON BURR was impanelled. The following are their names.
  Edward Carrington,  Reuben Blakey,    David Lambert,  Benjamin Grew,    Richard E. Parker,  Miss Bott,    Hugh Mercer,  Henry Coleman,    Christopher Anthony,  John M. Sheppard,    James Sheppard,  Richard Curd,  
Proclamation then having been made in due form, the Prisoner standing up; the clerk read the copy of the indictment, and afterwards addressed the jury in the usual form.
VIRGINIA DISTRICT. In the Circuit Court of the United States of America, in and for the fifth Circuit and Virginia District.
The Grand Inquest of the United States of America, for the Virginia District, upon their oath do present that AARON BURR, late of the city of New-York and state of New-York, attorney at law, being an inhabitant of and residing within the United States, and under the protection of the laws of the United States, and owing allegiance and fidelity to the same United States, not having the fear of God before his eyes, nor weighing the duty of his said allegiance, but being moved and seduced by the instigation of the Devil, wickedly devising and intending the peace and tranquillity of the said United States to disturb and to stir, move and excite insurrection, rebellion, and war against the said United States, on the 10th day of December, in the year of Christ, one thousand eight hundred and six, at a certain place called and known by the name of BLANNERHASSETT's island, in the county of Wood and district of Virginia aforesaid, and within the jurisdiction of this court, with force and arms, unlawfully, falsely, maliciously and traitorously, did compass, imagine and intend to raise and levy war, insurrection and rebellion against the said United States; and in order to fulfil and bring to effect the said traitorous compassings, imaginations and intentions of him the said AARON BURR, he the said AARON BURR afterwards, to wit: on the said tenth day of December, in the year one thousand eight hundred and six aforesaid, at the said island, called BLANNERHASSETT's island as aforesaid, in the county of Wood aforesaid, in
the district of Virginia, aforesaid, and within the jurisdiction of this court, with a great multitude of persons whose names at present are unknown to the Grand Inquest aforesaid, to a great number, to wit: to the number of 30 persons and upwards, armed and arrayed in a warlike manner, that is to say, with guns, swords, dirks, and other warlike weapons as well offensive as defensive, being then and there unlawfully, maliciously and traitorously assembled and gathered together, did falsely and traitorously assemble and join themselves together against the said United States, and then and there with force and arms did falsely and traitorously and in a warlike and hostile manner, array and dispose themselves against the said United States, and then and there that is to say, on the day and in the year aforesaid, at the island aforesaid, commonly called BLANNERHASSETT's island, in the county aforesaid of Wood, within the Virginia District and jurisdiction of this court, in pursuance of such their traitorous intentions and purposes aforesaid, he the said AARON BURR with the said persons so as aforesaid, traitorously assembled and armed and arrayed in a manner aforesaid, most wickedly, maliciously and traitorously did ordain, prepare and levy war against the said United States contrary to the duty of the said allegiance and fidelity, against the constitution, peace and dignity of the said United States, and against the form of the act of the Congress of the said United States in such case made and provided.
And the grand inquest of the United States of America, for the Virginia district, upon their oaths aforesaid, do further present that the said AARON BURR late of the city of New-York, and state of New-York, attorney at law, being an inhabitant of, and residing within the United States, and under the protection of the laws of the United States and owing allegiance and fidelity to the same United States, not having the fear of God before his eyes nor weighing the duty of his said allegiance, but being moved and seduced by the instigation of the Devil, wickedly devising and intending the peace and tranquillity of the said United States, to disturb and to stir, move and excite insurrection, rebellion and war against the said United States, on the eleventh day of December, in the year of our Lord one thousand eight hundred and six, at a certain place called and known by the name of BLANNERHASSETT's island, in the county of Wood and district of Virginia aforesaid, and within the jurisdiction of this court, with force and arms unlawfully, falsely, maliciously and traitorously did compass, imagine and intend to raise and levy war, insurrection and rebellion against the said United States; and in order to fulfil and bring to effect the said traitorous and compassings, imaginations and intentions of him the said AARON BURR, he the said AARON BURR afterwards, to wit: on the said 10th mentioned day of December in the year one thousand eight hundred and six aforesaid, at a certain place commonly called and known by the name of BLANNERHASSETT's island in the said county of Wood in the district of Virginia aforesaid, and within the jurisdiction of this court, with one other great multitude of persons whose names at present are unknown to the grand inquest aforesaid, to a great number, to wit: to the number of thirty persons and upwards, armed and arrayed in a warlike manner, that is to say, with guns, swords and dirks, and other warlike weapons, as well offensive as defensive; being then and there unlawfully, maliciously and traitorously assembled and gathered together, did falsely and traitorously assemble and join themselves together against the said United States; and then and there with force and arms did falsely and traitorously and in a warlike and hostile manner array and dispose themselves against the said United States, and then there, that is to say, on the day and in the year last mentioned, at the island aforesaid, in the county of Wood aforesaid in the Virginia district, and within the jurisdiction of this court, in pursuance of such their traitorous intentions and purposes aforesaid, he the said AARON BURR with the said persons so as aforesaid, traitorously assembled and armed and arranged in manner aforesaid, most wickedly, maliciously and traitorously did ordain, prepare and levy war against the said United States, and further to fulfil and carry into effect the said traitorous compassings, imaginations and intentions of him the said AARON BURR, against the said United States, and to carry on the war thus levied as aforesaid against the said United States, the said AARON BURR, with the multitude last mentioned, at the island aforesaid, in the said county of Wood within the Virginia District aforesaid, and within the jurisdiction of his court did array themselves in a warlike manner, with guns and other weapons, offensive and defensive, and did proceed from the said island down the river Ohio in the county aforesaid, within the Virginia District and within the jurisdiction of this court, on the said eleventh day of December, in the year one thousand eight hundred and six aforesaid, with the wicked and traitorous intention to descend the said river and the river Mississippi, and by force and arms traitorously to take possession of a city commonly called New-Or-

leans, in the territory of Orleans, belonging to the United States; contrary to the duty of their said allegiance and fealty, against the constitution, peace and dignity of the said United States, and against the form of the act of the Congress of the United States in such case made and provided.
HAY, Attorney of the United States for the Virginia district. Endorsed—A true bill—JOHN RANDOLPH. A Copy Tested. WILLIAM MARSHALL, Clerk.
Mr. HAY then rose to open the case, on the part of the prosecution. His speech was uncommonly luminous and instructive. He spoke upwards of two hours. As we have no time at present to report it in detail, we must be satisfied with a very short sketch of its principal points. Mr. H. expatiated at considerable length on the definition of the crime of treason. The question was, what constitutes the overt act of levying war against the United States? He stated that there was an immense interval between the first movements of a treasonable conspiracy and actual hostilities; that individuals might meet together and make arrangements for bringing forces into the field; this conspiracy was no treason; that they might go on to levy forces without treason; and that it had even been adjudged by the Supreme Court of the United States, that the travelling of these persons to a place of rendezvous was no treason; but that the crime of treason was constitutionally complete, when there was an assemblage of force at any place of rendezvous, which force was intended to be used for treasonable purposes before it was dispersed. He stated his reasons at great length for excluding from this definition, 1st, the possession of arms; and 2dly, the actual employment of the force; and showed that his definition of treason was complete without these ingredients, as well on the principles of common sense, as on the decision of the supreme court of the United States in the cases of BOLLMAN and SWARTWOUT, and also on British authorities.
He stated, that it was consequently incumbent upon him to show 1st, that there had been a treasonable design, and 2dly, a meeting to effect that design; that it would be proved to the jury that it was the design of the prisoner, not only to wage war upon the Spanish Territories, but to take possession of New Orleans, with a view of effecting that object, and with a further view of dismembering the union; that to facilitate his own designs, he had spoken disrespectfully of the government of his country, wherever he went; to the persons in the Atlantic States, he had denounced the want of energy in the administration, and asserted the facility with which the present government and liberties of the people might be overthrown to the people in the west, he had denounced the existence of that holy union which bound them to their brethren in the east; that wherever he went he attempted to scatter disaffection; that he had not only spoken in this spirit to the people of the west, but that writings had been published by one of his associates to disaffect that gallant people and prepare them for his plans; that to accomplish these plans, in the summer and fall of 1806, men were actually enlisted; boats built; provisions to an enormous amount purchased and ammunition laid in, that about 40 men had assembled at BLANCHERASSETT's island; that BURR was not there, because he had been warned not to go, although he had been his intention; that he had joined them when they had descended to the mouth of Cumberland river, that this joint force of about 100 men had then descended the river under the command of BURR and BLANCHERASSETT to a point, perhaps Bayou Pierre, where he first understood that all his preparations had been discovered through the means of the commander in chief; his letter put into the hands of the President, and it was then that he had expressed his surprise and indignation to a certain person at having been thus betrayed. That chimerical as these projects may appear, there was only one thing wanting to their accomplishment; the co-operation of the commander in chief of the American army, and that it was to his exertions, that the country is indebted for the disposition of this impending storm.
A short time after Mr. HAY had concluded, he was about to proceed to the examination of the witnesses: General EATON was sworn; when Mr. BURR rose and objected to this order of examining the witnesses. He said, that Mr. HAY had not stated the nature of Mr. EATON's testimony; but he presumed that it related to certain conversations at Washington. Mr. HAY. Our object is to prove by him what is contained in his deposition. Mr. BURR. Then we call upon them first to prove what the court has already established to be the course of proceeding, an overt act.—Why waste 6 or 8 weeks to no purpose; at great expense and trouble; and after all to know nothing which is relevant to the point at issue?
In argument, then ensued upon this question which detained the court till 7 o'clock at night. Messrs. ATTS, WICKHAM, LEE, and MARTIN advocated the necessity of proving the overt act. Mr. WIRT opposed the motion.
He first laid a new stress upon the decision formerly given by the court, relative to this same point, on the motion of holding Col. B. to higher bail; he stated that the order of evidence was a part of the law of evidence; that the court was to judge of the competency of evidence, and that it had right to stop any evidence, which they deemed immaterial; that it was of no avail to prove intentions, before an overt act had been established; that as in a writ of ejectment it would be ridiculous to begin with the boundaries before the title was proved, so it was improper to begin with
the declarations of Col. B. or with any conversation, until the overt act was shown; that these declarations could only be admitted as corroborative evidence; that it would be peculiarly hard on any individual for his whole life to be exposed in a court, every conversation which he had held, or every innocent declaration which he had ever made, before it was known whether any actual crime could be proved against him; that if the prosecutor was proceeding to develop the evidence as to intention only, the court had a right to stop him, and to require him to give evidence of the act itself; that if it was not so, he might be going on to charge a man accused of murder with a malignant intention, when the man said to be murdered was actually alive; or of Arson, when the house was standing. They cited a variety of opinions and cases: Judge PATERSON's opinion in the case of FRAIS P. 161.—VAUGHAN's case 5 St. Tr. p. 17-22.—MESSENGER's 2 St. Tr. p. 58. 8 St. Tr. p. 219.
Mr. WIRT contended, that from the first foundation of courts to this day, it was the practice for the prosecutor who was supposed to know the evidence best, to display it in his own way; and that it would be a disrespect to the attorney for the United States, to waive this practice on the present occasion; that the chronological order which the attorney was about to pursue, was the lucid order of nature herself; that the proper course for enlightening the minds of the jury was to take the conspiracy from its first birth to its consummation; would a man begin a tale at the end of it? Would an historian commence the American Revolution at the siege of York? That the role was to bring in nothing which did not touch the issue, but that the intention was an important feature in that issue. And how are the jury to be disposed of? The court knows, they have no right to keep from them any evidence touching the issue. If the prosecutor states that he is about to proceed to the intention, can the court say, that it proves not the overt act, and then send the jury out? PATERSON's opinion in FRAIS's case, p. 174. 5.—And who is to be the judge of the evidence to prove the overt act? The court. Is the court to stop the prosecution? Is then the court to usurp the right of deciding upon the evidence? As to the former decision of this court, there were two circumstances to explain it. The court wished to avoid poisoning the public mind by a needless display of evidence, and called upon the prosecutor to prove the overt act first. 2dly. The court was then both judge and jury. It might say when it was satisfied with the evidence, and when it might stop it: but the jury is now to sit upon the trial, and the court is robbed of half its character.
The Chief Justice will most probably deliver the opinion of the court this day (Wednesday.)
Adjourned till to-morrow 10 o'clock.
Half after 10 o'clock.
The Court has just decided that the attorney for the prosecution is at liberty to use his own judgment; and the court will arrest any evidence which does not appear at its introduction to be relevant to the point at issue.
Foreign Intelligence.
ENGLAND. LONDON, JUNE 8. At the Court at the Queens Palace, the 27th of May, 1807; Present, the King's Most Excellent Majesty in Council.
WHEREAS, it is expedient, that the liberty of Navigation and Commerce between his Majesty's subjects, and the subjects of the United States of America, should, for the present, continue in the same manner, and under the same limitations, as specified in the Act of the 37th of his pre-Majesty's entitled, "An act for carrying into execution the Treaty of Amity, Commerce, and Navigation, concluded between his Majesty and the United States of America, and in the Act passed in the 46th year of his Majesty's reign, for continuing the said Act of the 37th year of his Majesty's reign: his Majesty, by and with the consent of his Privy Council, is hereby pleased to direct, that all the regulations contained in the said Acts shall be duly observed, until other provisions shall be made respecting the matters aforesaid; and the Right Honorable the Lords Commissioners of his Majesty's Treasury, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein, as to them may respectively appertain.
(Signed) W. FAWKENER.
LAW INTELLIGENCE. MAY 24. (TAKEN FROM THE PATRIOT.)
The following case appears to us of great importance to the mercantile world, we have been at some pains to attain an accurate report of it, which we lay before our readers.
On Tuesday last a cause of very considerable importance was heard before Lord Ellenborough and the Master
of the Rolls at the Cockpit. It was an appeal from a judgment obtained in Jamaica by Messrs. Campbell and Whittle, against Messrs. Kirvans, of London, for upwards of £60,000 of Jamaica currency, the value of a cargo of sugars, consigned to and received by the defendants Messrs. Kirvans, which were destroyed by fire in Lingham's warehouses, on the 11th Feb. 1801. The sugars had been in these warehouses for several months, and had been insured against fire by Messrs. Kirvans for two several periods of three months each, without any orders from Messrs. Campbell and Whittle to effect such insurances; the fire happened after the expiration of the second three months, and the sugars were not then insured. The question was, whether Messrs. Kirvans were responsible for the loss, by reason of their not keeping the sugars insured. The Attorney-General and Mr. Stevens as counsel for Messrs. Kirvans, the appellants, took a technical objection to one of the counts of the declaration, upon which the jury have found their verdict, and after a very elaborate and ingenious argument, Lord Ellenborough and the Master of the Rolls, were of opinion, that the objection was fatal in point of form. His lordship suggested, that if the parties could agree to amend the declaration, and try the question in this country, it might perhaps be done at less expense than would be incurred in a new action to be commenced in Jamaica; but the counsel were not prepared to enter into any arrangement of that nature. Their lordships upon the ground of informality in the declaration, as expressly stated by the Master of the Rolls, ordered that the judgment should be reversed. This important question must therefore be considered to remain undecided.
JULY 4. There were no arrivals yesterday from the Continent, and we are of course without any further advices respecting the posture of affairs in the North of Europe.
In the English House of Commons on Friday, July 3d, Mr. Rose moved the Order of the day for the House going into a Committee on the American Trade Indemnity Bill.—Some conversation took place between Mr. Eden, Mr. Rose, the Chancellor of the Exchequer, and Lord Howick, in which the Noble Lord suggested, that a provision should be introduced into the Bill, authorising his Majesty in Council to suspend the American Trade Act, if the American Legislature should think fit to put in force the Non Importation Act.
GERMANY. HAMBURG, JUNE 6. The popularity enjoyed by the Earl of Moira in Great-Britain, is worthy of the most particular notice. It is the natural consequence of high regard which the earl has obtained by the wisdom of his speeches in parliament, by his generosity, and the splendor which surrounds him out of parliament, by his talents and military acquirements, and lastly, by his illustrious descent. Lord Moira also possesses the merit of being an Irishman, a merit which the inhabitants, of that island do not treat with indifference. The earl is descended by his mother, a Baroness Hengerford, from Henry De La Pole, Lord Montague who was beheaded in 1538, because he carried on a correspondence with his brother Cardinal De La Pole. Her mother was Countess of Salisbury, daughter of George Duke of Clarence, (brother of Edward IV) condemned to death for having revolted against his brother; he was a son of Richard Duke of York, who fell near Wakefield in 1460, in the wars of the white and red rose. His mother, Ann, heiress of Lionel, Duke of York, found guilty of a conspiracy and beheaded in 1415, who was a son of Edmund Duke of York, fourth son of Edward III.
The houses of the Earl of Moira contain a collection of portraits of his illustrious and royal ancestors. That which has been attempted by some, to recover a throne due to them, is no
proof that the Earl of Moira will also one day endeavor to enforce his right to the throne of England:—although this right would appear well founded, if as Mr. Horace Walpole has endeavored to prove the birth of Elizabeth (daughter of Edward IV) who transferred the claims of the House of York to collateral line to Tudor, (by her marriage with Henry VII) was really illegitimate; and if it be true, that Elizabeth Woodville was not the lawful Queen of Edward IV. because this Prince was already married with Eleanor Talbot, widow of Lord Butler, before he cohabited with Elizabeth Woodville.
All this however, affords reason to think that in case the discontent of the Roman Catholics, Dissenters, and a large majority of the people, burdened with taxes, and incessantly agitated by opposite opinions, the natural result of frequent changes of ministers, should one day force the English nation to expel the House of Hanover, (authors of the continental wars, carried on at the expence of the people of England) it would be easy to find in the country a descendant of William the conqueror, worthy of the sceptre of the celebrated Edward.
Far be it from us to contend, that such a thought ever entered the mind of the Earl of Moira; but should the House of Hanover in consequence of its Protestant fanaticism be compelled to renounce the English Throne, and should Great-Britain, tired of Foreign Princes then wish to place on her Throne a descendant of Egbert, and of the great Alfred, would it be in the power of the Earl of Moira to counteract or oppose the execution of that project?
[It is some evidence of the unrestrained liberty of the Press in England, that the above article had its range through the papers.]
ROME, MAY 6. Preparations are making here for the coronation of five saints. St. Peter's church is hung with silk stuffs. There is an immense multitude of strangers in this capital of the ancient world. From 30 to 40 piastres (dollars) are paid for a window or balcony which looks into St. Peter's square.—Upwards of 7000 passports have been sent to Naples alone, to persons who are coming to Rome to be present at the fete.
NOWA SCOTIA. HALIFAX, JULY 17. LEOPARD AND CHESAPEAKE.
We have been favoured with a few particulars of this interesting event, which place it in a very different point of light from that which has been thrown on it in the American papers.
Commodore Barron is said to have assured Capt. Humphreys, that his orders from his own Government were to receive no deserters—and that there were not any men in his ship who answered the descriptions; though it afterwards appeared, that more than 120 British seamen were on board her at the time; most of whom had been recently in his Majesty's service. An officer (gunner) who was killed, had been entitled to desert from the Chichester; and two seamen who fell, but whose names do not appear in the American account, were deserters from the Halifax. John Wilson, alias Jenkins Ratford, who was taken out of the Chesapeake, had been master-sail-maker in the Halifax, and, as a British seaman had received 30 guineas bounty on entering on board that ship when in this harbor. William Ward, Daniel Martin, and John Strawn, alias Story, also taken from the Chesapeake, were deserters from the Melampus; and have since declared that there were more than one hundred British seamen in the American frigate, Deserters from his Majesty's ships &c. on this station, and from British merchant vessels; who were not taken out by Capt. Humphreys, because his officers could not identify them.
The American papers mention only 3 men killed and 13 wounded:—The truth is, that 6 were killed and

21 wounded; and it is obvious for what reason the numbers were thus misstated. The men whose names are omitted, were proved to have been deserters from the British navy; and one of them, the officer (gunner) lately from the Chichester.
The facts being well ascertained, the candid reader, in America or any other part of the world, may be left to draw his own conclusions—Whether Commodore Barron has acted consistently with the orders of his own Government—or, whether, forgetting his dignified situation, he has stooped to evade and prevaricate?
Notice to British Seamen. —The American Committees have determined to retaliate upon all British Seamen, if the deserters who were taken in the Chesapeake suffer for their crimes:—That they will do so, if found guilty upon their trial, is not to be doubted; it therefore behoves all ENGLISH SEAMEN to take care of themselves; and by joining their own Country's Standard again, avoid an ignominious and unlawful death.
CANADA. MONTREAL, AUG. 10.
We learn that there are three full regiments on their way to Quebec; and that Montreal will be the head quarters of the 41st regiment, and the Canadian Fencibles; so that in case of any sudden attack from the United States, we shall not be found unprepared to give five thousand militia a warm reception.
Domestic Occurrences.
PENNSYLVANIA. PHILADELPHIA, AUG. 19. MONTEVIDEO RETAKEN.
CAPT. King, from Loguira (Carracas), in 19 days, informs, that an express had arrived there from Lima, with an account of the recapture of Montevideo, by the Spaniards, and of the destruction of the whole English garrison.
GOOD NEWS—IF TRUE.
A letter from London, dated July 2, 1807, says, "A body of merchants have waited on Mr. Manroe to inquire, whether he conceived it safe to continue to make shipments to the United States. He replied in the affirmative; and added, that a treaty conformable to the instructions from Mr. Jefferson was progressing, and he had no doubt would be agreed upon in a few days." This letter is said to come from a highly respectable source.
STATE OF NEW-YORK.
NEW-YORK, AUG. 21.
Extract of a letter from Capt. Edward Leigh, of the ship Britannia, to his owners at Liverpool, dated St. Thomas's, May 15, 1807.
"There is a circumstance which I omitted in my former letters, of a dangerous rock which I discovered, and which ought to be made known to all mariners coming to these Islands. The particulars I shall insert, taken from my own Journal:—
"MONDAY, APRIL 27."
"At ten minutes before 3 P. M. discovered something ahead, like a broken mast of a ship, with its end vertical; in 5 minutes, plainly saw it was a sharp pointed rock, sometimes covered; it was about 4 feet high, when the sea left it; there was a great swell at the time on the West side: could plainly perceive a large bed of rocks about 20 yards square. We were so close to it, that with difficulty we cleared it, and had the sea been smooth, we should inevitably have lost the ship, and perhaps our lives. Its latitude is 18, 9, 2, N. bearing from the South end, St. Bartholomew's, E. by N. 1-2 N. 14 leagues. At 6 P. M. saw the land above-mentioned. The above rock is not known by any persons in these seas."
AUG. 25.
On Friday last, Capt. Woodbury, on the south-west part of George's Bank was boarded by the British frigate Milan, who had a brig under convoy—the officer informed Capt. W. that they were from Halifax, bound to the Chesapeake, with live stock and provisions for the ships upon that station, as our government would not let them have supplies from the United States.
visions for the ships upon that station, as our government would not let them have supplies from the United States.
Letters from New-York say, Mr. Gallatin, has expressly avowed his opinion that a WAR with Great-Britain is inevitable; and that such is also the opinion of Mr. Jefferson.—For ourselves, we declare we have seen nothing in the President's Proclamation, or any other publications or measures adopted by him, that can justify the assertion;—and are apt to think that Monsieur Gallatin has expressed his wishes, which often influence opinions. The great body of the American People deprecate War; and desire, that all our differences with Great-Britain may be settled in a just and amicable manner;—that we should receive honourable reparation for all wrongs; and that the prosperity of their country, may not be interrupted.
MASSACHUSETTS.
BOSTON, AUG. 28.
FROM LONDON, JUNE 17, 1807.
"The government of the United States can expect no favours from the present Ministry."
"Gen. Armstrong was going to Bonaparte's H. Q. but for several reasons had concluded not to go. A respectable house in France writes to me, that they do not believe the negotiations with Spain which Gen. A. may be authorised to effect, proceed either successfully, or with much expedition. Indeed I think the United States are in a bad way with England, France and Spain. My correspondents in France advise you, in a most friendly manner, to lessen your trade.—It will require, say they, eighteen months to sell the accumulated mass of goods, in all quarters.—England has sugar and coffee enough, and will find means to get them into Holland, and every part of the continent."
Capt. Sevier, who has arrived at Newburyport from Antigua; reports, that previous to his sailing (August 3d) Admiral Duckworth arrived there from England, and had issued orders to the British cruisers on that station not to molest or interrupt American vessels.
Extract of a letter from Portland, dated August 25, 6, P. M.
"I address you with a heavy heart.—Our valuable friend, Commodore PREBLE, has this moment breathed his last. I have been with him frequently since my arrival here. He has never been much afflicted with pain, and in his very last moments not a struggle agitated his frame."
Arrangements, we understand, are making at Portland that Commodore PREBLE's obsequies may evince the respect of his fellow-citizens for his distinguished character and eminent services.
Commodore PREBLE's funeral will probably be this afternoon, when it is understood the colours of the vessels in this harbour will be exhibited at half mast.
AUG. 18.
From NEW-ORLEANS, July 20.
By the mail of Sunday evening we received New-Orleans papers to the 20th ult. The following is the most interesting article of their contents:
"The following is a copy of a charge delivered by the Hon. Judge Lisset, at the opening of the Court for New-Orleans on Monday last:—
"Gentlemen of the Grand Jury."
"By an act of the legislature of this territory, it is provided, that the judges of the county courts shall convoke, at least once every three months, a Grand Jury, for the purpose of making presentments of such crimes and offences as may have been committed within their respective jurisdictions.—The execution of that wise disposition, never was, perhaps, since the existence of this country under the government of the United States, more requisite than it is in the present circumstances. All ties of respect and submission to the laws and their ministers, seem to be slackened, nay almost destroyed. The
example not long ago exhibited by an authority which placed itself for some while, above the law, (an example always dangerous in a free government, even when justified by necessity,) has spread its contagion through every class of the people. Military men seem to have forgotten that their duty is to protect the citizens and the citizens themselves, forgetful of the confidence which they ought to place in their judges, have come forward, to demand redress in a manner equally insulting to the majesty of the laws, and to the dignity of the magistrate."
"It will be your province, gentlemen of the grand jury, to make severe presentments against such unlawful and tumultuous assemblies, instances of which cannot fail to be fatal to this country, by destroying the moral strength, which, in its political situation is the only barrier that can be opposed to criminal audacity, and which resides especially in the obedience to the laws, and in the support of the good citizens. Excesses of another kind, will be, I presume, laid before you, which if really committed, will engage your serious attention; and induce you to deliver the offenders to the hand of justice. Property is a sacred right, without which no society can exist, and the domicile of the meanest citizen, ought to be an inviolable asylum.—Whoever, therefore, dares to hurt either of those two grand privileges, commits an offence against public safety, and deserves the animadversion of the laws. The cause of such disorders will appear to you the more important, if you find it to proceed from those mistaken notions of philanthropy, which, under the color of humanity, have a direct tendency to overturn social order, and produce evils much greater than those which they would attempt to correct."
WARREN:
SATURDAY, AUG. 29, 1807.
Commencement at Brown University, in Providence, will be on Wednesday next.
A gentleman from Montreal, says, the government there was removing all the spare cannon down the St. Lawrence, for the defence of Quebec.—Some people too were sending their valuables to that city in expectation of an immediate war with the United States.
[N. Y. Gaz.]
We have seen a letter from a respectable gentleman in Halifax, dated the 8th inst. which says, that he (the writer) "had been assured by Admiral BARKLEY, that the unpleasant business with the Chesapeake might as well have happened in the Mediterranean as here, as he had no doubt that the same orders were sent out there." Believing as we do, that the orders originated with Admiral BARKLEY, we are of opinion, that the above letter-writer mistook the meaning of the Admiral, in this conversation. [ib.]
The British navy officers at Halifax, say, from their knowledge of American officers, that if Commodore BARK, TAUNTON, PREBLE, and others, had lost any of their vessels, by desertion, at Malta, Syracuse, or Gibraltar, and had been insulted by them on shore, as Capt. Lord Townshend was at Norfolk, they would have sacrificed 50 British lives to restore them; and that the American people would have justified them, and applauded their spirit. [ib.]
UNITED STATES NAVY.
Yesterday, says a Portland paper of the 24th inst., 9 Gun Boats, mounting one Gun, and manned with five men each! failed from this port for New-York, under the command of Lieut. LAWRENCE.
This formidable armament composes only about one fourth part of the marine force of the United States, now in commission within our own waters. What a prospect of success in case of a novel contest with England!!!
Fulton's Steam Boat. —Has performed a voyage from New-York to Albany, and back. The trip to Albany, 150 miles, was performed in 32 hours; and from Albany, in 30 hours, equal to five miles an hour. Throughout the whole way, the wind being ahead, no advantage could be drawn from the sails; and consequently the voyage was performed by the power of the steam engine.
We understand that the agent for the War Department, in Boston, has purchased a large quantity of Ravens Duck, of which soldiers' tents are now making.
Three Americans have been imprisoned in Quebec, for having endeavoured to entice two British sergeants to desert; at the same time, a Canadian was also committed for a like offence.
nearly three years, had been discharged by the Admiral.
Letters from Le Havre, dated latter part July, mention many prizes in that quarter upon our commerce. Vessels had been captured while in the act of letting go their anchors; others boarded in the offing, and mostly carried to Porto Cavello, and condemned upon some frivolous pretext. A pretty long low ship, yellow sided, no figure head, and a scoundrel, had just been boarded in the offing and carried off.
Female Academy at Bristol.
Miss Susan & Charlotte R. Smith,
PROPOSE to open, in this town, on Monday next, a School for Young Ladies , in which will be taught, the following branches of Education, viz.
READING, WRITING, ARITHMETIC, ENGLISH GRAMMAR, COMPOSITION & GEOGRAPHY, with the use of the GLOBE. Plain SEWING and MARKING, MUSLIN WORK and EMBROIDERY, DRAWING, PAINTING, MUSIC and DANCING.
The terms of Tuition will be reasonable.—Suitable places for boarding young ladies from abroad, may be had and at moderate prices.—The strictest attention will be paid to the deportment and health of the Pupils. Nothing will be omitted on the part of the Instructresses to gratify the reasonable expectations of Parents and Guardians.
It is unnecessary to speak of the pleasantness and salubrity of this town,—it has long been justly celebrated for both.
Bristol, July 31, 1807.
A QUANTITY of Ship BREAD to be sold at the Store of JOSEPH ADAMS.
Warren, Aug. 21, 1807. (n3w.)
NEW INVENTED CARDING-MACHINES.
THE Subscriber has lately had erected, by one of the first Workmen in the United States, at a great expense, to accommodate the Public, at a place known by KINGSLEY'S MILLS, in Swansey, NEW INVENTED CARDING MACHINES, (which will commence business in all next week) for the purpose of Picking, Carding and Breaking WOOL:—He renders his services to those who will please to favor him with their custom, and they may rely on the strictest attention and punctuality to all commands or orders.
EBENEZER COLE.
Such of his Customers, that wish it, may leave the Wool at my Store, in Warren, from whence it shall be sent to the Mill and brought back, gratis. JULY 31, 1807.
NOTICE is hereby given, That the Subscriber having been duly appointed Administrator, to the last Will and Testament of
MARTHA DAVIS, late of Warren, widow, deceased, and has taken upon him that trust by giving bonds according to Law.—All Persons indebted to said Estate are requested to make immediate payment and all those having demands, are desired to exhibit them for settlement.
ALLEN HOAR,
Warren, July 11, 1807.

a moment confounded, and having quitted his grasp of Nour Hali, she fled with distracted steps from the cottage.
"Shall I lose her thus?" cried he, hastening after her, "what signifies the death of a slave, who dared to impede my will." The flying maid hastened with feet that defied the wind, and perceiving two persons at a distance, she fled forward sinking exhausted at their feet.—Sered now halted in pursuit, his garments were tinged with the blood of a slave, and self-preservation turned his steps to his palace, where he brooded over his loss, and consoled himself for the outrage with the idea, that all his preceptions would be lost, when he should have past the present scene of existence.
The persons to whose succour Nour Hali was accidentally obliged, were Tekah and a merchant, whom the beauty of the evening had tempted to wander beyond the precincts of the city. Tekah was instantly struck with the graces of the suppliant, and raising her, with a smile, assured her of protection, and prevailed upon her to take a temporary refuge in his palace.
Having dismissed his friend, Tekah flew to the chamber, where he found the weeping fair.—He sought to sooth the grief which swelled her bosom by the kindest expressions; proposing to send to her residence for intelligence, requiring in the interval her participation in a trifling repast he had ordered of the most delicious viands.
Her beauty every moment impressed itself deeper into his heart.—He had hitherto avoided the female sex, lest his attention should be inclined from the accumulation of wealth; but all his resolves now melted away, like the dripping honey from the comb. He hoped, from the account of Nour Hali, that her lover was slain, and he trembled for the return of his messenger with as much anxiety as herself. He came, but his information was obscurity, the hut was without inhabitants, and the blood upon the ground remained. Nour Hali was inconsolable, she flattered herself that her lover was yet alive, and dreaded the increasing warmth of Tekah, whose expressions exceeded the limits of friendship.
For several days she remained imprisoned in the apartments of the women—She was visited alone by Tekah, and his offers were now urged with all the fervor of love, and the softness of a first and genuine passion. But professions, sentiments, and all the luxuries his situation allowed him to supply, made no impression on a heart already attached, and Tekah saw his offers despised and his love rejected.
Education alone had fixed a curb upon his rugged passions. He trembled at the crime, not from its mortal turpitude, but the dread of retribution. Here, however, was a female, reduced by a single event, totally within his power; she had rejected his offer of lawful union, and the fever of his mind was not to be allayed with disdain.—Lenient measures but encreased her opposition, and force he resolved to substitute.
He brooded her several days over this expedient, recoiling from the moment of execution, as he trembled lest the senses of the maid should be impaired by the shock of suspended terror. These considerations changed the medium of his purpose, and substituting a drug, he proposed, when her mind should be abated in inanity, to reduce her to his will.
Several days Sered sought in vain for Nour Hali, examining the slave markets, and prying into every abode, nor was her total seclusion less unaccountable than the disappearance of Nolah, whose body had been conveyed away by some secret agent. Unable to forget the beauty of her person, he spent hours on his terrace, which he traversed with painful agitation. Its situation overlooked the gardens of Tekah, and he beheld, in the cool of the evening, a female figure, whose air and mien reminded him of his loss.—
Transfixed to the spot, his eyes alone wandered after her, and his doubts gave place to certainty, when her angelic features were discovered beneath her veil, which the wind agitated at pleasure.
"The wretch," cried Sered, "he confines in his haram the woman whom my soul delights. He shall return her to my arms, or I will hurl ruin upon his head. He sent instantly to Tekah, requiring his presence upon concerns of importance; but all his arguments could not prevail on him to dismiss Nour Hali, and it was with difficulty Sered restrained himself from violence on the spoil.
Tekah left the raving Sered to determine some plan of vengeance himself. More than ever resolved on securing the reluctant maid, before accident should have power to tear her from his possession—he prepared a sumptuous collation, mingling with her sherbet the drug he had procured, and whose effects soon began to shade in torpor the senses of Nour Hali. A slave, the only female servant in his house, conducted her to her chamber, while Tekah hastened to take possession of his ill obtained prize. The first prayer of midnight was passed, when he advanced to the chamber of the slumbering virgin;—her cheeks were tinged with the vermilion of the rose, and innocence sported on her features. Tekah paused a moment in silent and trembling awe. His scruples and his fears rushed again upon his soul—"What a wretch am I?" muttered he, "shall I destroy all the hopes and tranquility of a bosom so serene?—Shall I become a monster, and be blasted by the frown of Omnipotence?—The gardens of paradise I could forego; for paradise possesses no sweet more perfect than this!—But shall I hazard eternal and inevitable destruction; shall I wake upon me the vengeance of inscrutable and unerring Alla? No, no, it must not be:—triumph, Nour Hali, thy virtue has conquered!"
At this moment a loud shout burst upon his ears. He retired from the chamber in disorder, when rising flames gleamed upon his sight, and cracking fire thundered around him. A slave whom he knew not, rushed towards him—"Save yourself," he cried, "your palace is in flames; follow me"—"First," cried Tekah, "duty demands me elsewhere. In your chamber you will find a valuable casket, preserve it. I depend on your honour." The slave seized the casket, and hastening towards the garden, met Sered in his way—who was already searching the house in pursuit of Nour Hali, hoping to convey her away in the tumult himself had caused, by firing the palace of Tekah.
The slave, who was no other than Nolah, (whom fate had conducted to the spot the moment the flames burst forth,) no looner perceived his former master in a situation where revenge could be received unresisted, than he plunged his dagger into his bosom, and hurled him down the steps, escaping into the garden.
Tekah with difficulty rescued the sleeping maid from the flames; but having conveyed her to a place of safety, he returned to overlook the ruin. The devouring element, agitated by a boisterous wind, had changed its direction, and the palace of Sered meeting its rage, was, in a few moments, levelled to the dust. Its iniquitous master was saved with difficulty from the tumbling roof and being insensible from his wound and bruises, was conveyed to the house of a neighbour, where, in his delirium, he accused himself of so many crimes, together with the present outrage, that it became necessary to inform the Cadi, who issued a writ of detention, till the affair should be more minutely examined.
The palace of Tekah had suffered only in the women's apartments; but the slave who had taken the jewels no where to be found, and a reward was proclaimed for his recovery; to which his indiscretion in offering the gems for sale, soon after led;
Sered appealed from the power of the Cadi, to an higher tribunal; and the Sultan resolved in person to witness the trial of a man, who had accused himself in the ravings of delirium.
The hall was extremely crowded, but Sered (though labouring under personal derangement) had recovered his reason; and there being no positive accusation, the sentiment of acquittal was about to be pronounced, when the dervises Vishni and Salem entered the hall.
Unmindful of the royal presence, they advanced through the crowd, and placing themselves at the foot of the throne, Salem bowed thrice, and began—
"Sovereign of kings; deign to receive instruction from the incidents before you: and ye people, attend the moral of this transaction, and be wise! Sered is guilty—because reason, without a dread of future punishment, is unable to restrain the violence of human passions:—his own vices have brought upon him his present sufferings; already is the work of retribution begun.—Tekah is innocent—not from inclination, but the force of education, which induced him to tremble at the consequence of crime. The first virtuous action of his life, arising from purity of intention, was preferring the safety of Nour Hali to his own, to the casket of jewels, and this action will be rewarded by the love of that amiable maid:—gratitude already fills her heart. Her lover, the weak-minded Nolah, was rescued from death by my care. It was I who sent him to warn Tekah of his danger; but the temptation was too strong; he fancied to escape detection, but the eye of Providence was upon him, and while he grasped the gems, he forfeited life and Nour Hali, who, from the moment she learns his perfidy, will despise and detest him.—O then, ye people! and thou, O Sultan! be assured, that if sometimes justice lifts the sword and poises the scale in this life, much more shall the next be accountable for the actions of the present!—Vishni, who stands there, wrapped in confusion, is an evil genii, who insidiously, and by representing man in false but glittering colours, dazzles and deceives your minds; believe neither him nor his doctrine." "And how," cried the Sultan, "shall we believe thee?"—"This," cried Salem, his eyes sparkling with heavenly fire, "this is the token of my truth!"
At that moment the hall was illumined with a blaze of impervious light. The forms of the dervises were lost in air; and on the spot where Vishni had stood remained only a heap of ashes.
G. WALKER.
YOUNG LADY, ON HER BREAKING A GLASS:—By her Brother.
Sister! in this shattered glass, The fate of many a pretty lass; Women, like glass, are frail and weak, Are apt to slip, are apt to break.
Ground, therefore, every step with caution, For frail as glass is reputation; Both broke to pieces in one falling, Forever lost, and past recalling.
SERED AND TEKAH: OR, THE TWO DERVISES.
(Concluded.)
THE following evening, when the sun was departed from the great desert, Sered again took his way along the banks of the Randerat, musing on the charms of Nour Hali, and meditating designs of possession.—No wind agitated the foliage, as he silently entered the grove; cautiously advancing, like the insidious serpent through the sheltering herbage. Before the door he paused to listen: the silver voice of Nour Hali was turned with peculiar harmony, not in singing pastoral ditties, but in discourse with a voice rougher and more sonorous—"Ah," cried Sered, to himself: the blood rushing to his face, "now I shall see what dog is preferred to Sered." He immediately entered and the timid maid trembling at his baleful sight, cast herself into the arms of her lover for protection.
"Quit this place," cried the young man, in an agitated voice, "let not my lord stoop to destroy the tranquility of his servants."
Sered was nearly choaked with passion, at this familiar remonstrance from one of his own slaves. He paused a moment, then with eyes glowing as the red vapour of the sandy waste, he cried out—"Nolah, is it you who interfere with the pleasures of your master? Take that refractory slave to my haram."
"She is a free woman," replied Nolah, "I dare not offer violence to one of her situation and sex."
"Miscreant, cried Sered, stamping and grasping his dagger, "who art thou that despisest my will? Stand aside, and let me conduct this reptile."
So saying, he grasped the maiden by the arm, and was dragging her from the hovel, when her lover unable longer to contain, endeavoured with gentle violence to rescue her. The passion of Sered having blinded his caution, he plunged his dagger in the breast of his slave, who fell prone at the feet of his mistress. Sered was for
JUST RECEIVED AND FOR SALE BY
N. M. Burr,
16 Barrels Brown SUGAR, 1,000 Feet finished OARS, SALT PORK, Dried and pickled Mefs BEEF, Hogs LARD, Indian CORN and RYE, Rye and Indian MEAL, Clean white fine SALT, 5 Keggs plugg TOBACCO, 18 chop.
Choice Cyder VINEGAR, 100 Straws TUMBLERS, 100 Wt. best Russia GLUE, 100 Wt. Concord HOPS, Round Turnip SEED, Logwood per Hund. very low. Gum Arabic 1st Chop, cheap. A new Two Horse Waggon at cost, A Coach and Harness on very accommodating terms of payment at a reduced price.
*July 17, 1807. T80
NOTICE is hereby given, That the Subscriber having been duly appointed Administrator to the last Will and Testament of DAVID SANDERS, late of Warren, deceased, and has taken upon him that trust by giving bonds according to Law.—All Persons indebted to said Estate are requested to make immediate payment; and all those having demands are desired to exhibit them for settlement.
ALLEN HOAR,
Warren, July 11, 1807.