The enquirer (Richmond, Va.), 1807-10-30 00:00:00

The Enquirer.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE...AT FIVE DOLLARS PER ANNUM... (PAYABLE IN ADVANCE.)
VOLUME 4.]
RICHMOND, FRIDAY MORNING, OCTOBER 30, 1807.
[NUMBER 50.]
ELLIS & ALLEN, ARE OPENING AN EXTENSIVE ASSORTMENT OF ALL FASHIONABLE GOODS, (Selected by one of the partners.) Received by the Caled from London and PRODUCE from Liverpool. —among which are— BEST London superfine and extra superfine Cloths, and superfine double and single milled Kersey- meres. Parent Prince's Cord. Royal parent Satin Velvets, Net Pantalettes, Quiltings, Toilets, Spanish, Mancilla, Cercassian Stripes, and rich tissue Silk, silk Quiltings, Black Florentines and Molekins for vests, Gentlemen's Vankeys, Worsted, cotton, silk and Angola Hose, Ladies' hose and worsted do. Plain cotton & laced Clocks do. from 3-2 to 9—strong, Black cotton and worsted ditto, Gentlemen's fashionable beaver and patent silk Hats, Hessians' Boots and dress Pumps, Elegant Cambric Jacquet Robes, Saracens, Crapes and opera and imperial Nets, Italian Silks and Chambrais, Cambrics and Mullins, Fawn, Crimson, Negrona & India Mantles, 6-4 & 1-4. Maroons of different colours, Spider Net Balloon, Redtop Lysia and Barawche Muffs and Tipplers, Ladies' best kid Shoes, Lymberick and York-Town Gloves, 4-4 Irish Linens, 5-4 Sheerings, Long Lawns, and some Irish Diaper and Damask table Cloths, Irish and French Cambricks, Brussel's Carpets and Rugs, Coatings and Cloths, Flannels, and ready made Great Coats, Pelisses, Surcoat Coats and Small Cloathes, &c. &c. &c. which they will sell very low for cash or on a short credit to good customers. Oct. 30. ep1m&caw1m.
JOHN SOUTHGATE, AT HIS STORE, OPPOSITE THE POST-OFFICE, Has just received an addition to his stock of DRY GOODS. ALSO, AN ASSORTMENT OF GROCERIES, &c. CROCKERY & CHINA-WARE; WHICH are offered low for cash, or barter for country produce. N. B. Best London SEINE TWINE and NAIL.S of all sizes. October 28. ep8t.
DOCT. DANDRIDGE Having taken the small tenement lately the property of Mr. Daniel Gordon of Manchester, purposed practicing PHYSIC & SURGERY in this town and its vicinity. Manchester, Oct. 24. ep8w.
NOTICE Will be held on Thursday the 5th Nov. 1807, in the Town of Manchester at the Dwelling-House of the late Joseph G. Brown, all his Estate, consisting of a HOUSEHOLD and Kitchen FURNITURE, a full set of Carpenters Tools, a Kilk of Bricks, one Horse and Cart, one Cow and five Sheep. The terms will be made known on the day of sale. Also, at the same time and place, will be sold nine NEGROES, until Christmas, 1808; among whom are, two good Carpenters, and one pair of Sawyers. It is requested that those who have claims against the said estate, will make them known, on or before the day of sale; and those who are indebted to said estate, either by bond or otherwise, will please make payment to the Administrators. MARY BROWN, Administratrix. JNO. HOWLETT, Administrator. October 16. 5t.
DODGE & COBB, Have just received a very general and elegant assortment of FALL & WINTER GOODS; Which are much lower than ever before sold in this city. October 20. (tf)
NOW LANDING AND FOR SALE, 20 hhds. Loaf Sugar 20 hhds. 1st quality brown Sugar 20 hhds. Rye Whiskey 25 boxes Cotton Cards 17 hhds. Antigua Rum 10 casks Malaga Wine 10 Tierces Prime green 2 ton Patent Shot. —IN STORE— 40 bags Green Coffee 50 hhds. N. E. Rum 20 bags Pepper 15 pipes 4th proof Cognac 20 boxes 8 by 10 Glass 10 cases Brandy 20 trunks Shoes 20 keys Hamilton's 2 ton Bar Lead Snuff. TERMS liberal, and made known on application to HENRY HOVEY. October 20, 1807. ep8w.
NOTICE The Creditors of Mr. George Greenhow, are hereby notified, that a Dividend will be made at our Vendue-Office, on Monday, the 5th of November next, where they are desired to attend with their accounts properly authenticated. TAYLOR & BROWN, Trustees. Oct. 20. ep8tNov.
WILLIAM MCCABE, WATCH AND CLOCK MAKER; Has moved from his former stand, which was near the Bell Tavern, to the well known stand opposite Messrs. Gambel's Store, and one door above Mr. Erskine's Dry Goods Store nearly opposite the col. Free School. W HERE all commands in his line will be promptly attended to and executed with fidelity and dispatch. He returns his sincere thanks for past favors, and hopes his attention to business will guarantee a continuance. He has on hand and will keep a supply of WATCHES, which he will warrant; likewise an assortment of Chains, Keys, and Seals of a superior quality. October 27. tf.
TUITION. Having engaged a gentleman of approved abilities as an assistant, the subscriber embraces the earliest opportunity to inform his friends in the city and vicinity of Richmond, that the additional number of ten or twelve students will be admitted into his Academy. He at the same time begs leave to acquaint the public in general, that he has moved his Academy to that large and commodious house next to the late Dr. Currie's on the main street, Shockoe Hill, where he continues to instruct the youths on both sides in the following branches and on the following terms, viz: Greek & French languages, per ann. 60 dols. Latin language, Mathematics, Geography, use of the Globes, English Grammar practically, Cyphering, &c. &c. at 40 dollars, to be paid quarterly. Exclusive of five dollars entrance money. JAMES A. OSWOLD, N. B. The Gentlemen and Ladies occupy separate rooms. October 27. law3w.
The Enquirer.
RICHMOND, 30th OCTOBER.
TRIAL OF AARON BURR.
MOTION FOR COMMITMENT.
Monday, October 5.
Examination of Evidence.
This day, Mr. Burr proceeded to put into execution his threats against gen. Eaton. Mr. Burr addressed the court:—I have understood, sir, that there are certain proceedings of a Court Martial, of which gen. Eaton is the subject, in which he was charged with offences, that would disqualify him as a witness. After a satisfactory search, I find that the papers were burnt in the War-Office. I have procured a deposition of the chief clerk in the War-Office to show that such is the fact. This is to establish the loss of the papers, with a view to let in oral testimony—Mr. Hay objected to this proceeding. Suppose that this deposition did actually establish the fact for which it was produced, yet why establish it in this court? Mr. H. said he should object to the production of the records of a Court Martial. He presumed that gen. Eaton's trial was of a military nature, for some neglect or violation of military duty; and not for any charge of a civil nature. Taking this fact for granted, he presumed that the court would not permit the introduction of the original records. The accused was at liberty to go into evidence as to the general character of a witness, but not as to any particular fact. Under such circumstances it was unnecessary to occupy the time of the court either with this affidavit or with parole evidence.—Mr. Burr. The affidavit proves that such papers were burnt in the War-Office. We shall prove by a witness, that such a Court Martial was held, and that general Eaton was found guilty of certain crimes, which would disqualify him as a witness in a court of Justice. We shall prove that he has been convicted by a court martial of crim en falsi ; and that the records of these proceedings were transmitted to the War-Office, where they were burnt. We shall then produce a witness to prove these charges. Then will arise a novel question; how far a man convicted of a crime, not in a court of Common Law Jurisdiction, is disqualified from serving as a witness in a court of Common Law, if it be such a crime as would amount to such a disqualification in a court of common law. When the court shall hear the proof, the question will then arise as to gen. Eaton's credibility and competency. We shall urge it as to both these points. We shall show, that the crimes were great enough to affect his competency, and if they were of an inferior dye, they would affect his credibility. Mr. Hay presumed that evidence might be at any time brought up to affect the competency of a witness, but that if it was intended to impeach his credibility, it could only be done on the ground of general character; and that no witness's credibility could be attacked by any particular charge, unless he had received previous notice, and was permitted to prepare for his defence.
After some discussion, the Chief Justice overruled Mr. Hay's objection. Mr. Baker then read the following affidavit: District of Columbia, Washington County ss.
Personally appeared before me, one of the Justices of the Peace of the United States in and for the country of Washington in the District of Columbia, John Smith, Chief Clerk in the War Office, who being duly sworn, deposeth and saith, that having searched the records and papers in the War Office, there are no records or proceedings of Courts Martial, or any papers or proceedings relative to the same, previous to the year one thousand eight hundred and one, and that he hath understood and verily believes, that all records and proceedings of Courts Martial, which were deposited in said office previous to the day of November, in the year one thousand eight hundred and one, were burnt with the office and a number of other papers on that day.—That having come into the office since the above date, he never saw any record or proceedings of a Court Martial held on William Eaton, and that there is now a record or proceeding of any such Court Martial now in the War Office to the best of this deponent's knowledge and belief.
Sworn before me this 24th day of September A. D. 1807. RICHARD PARROTT. (Annexed is the certificate of James Madison, Secretary of State, that the above R. Parrott is a Justice of the peace as above stated.)
COL. HENRY GAITHER:
Mr. Burr. Are you acquainted with general Eaton? A. I am. Early in '96.—Gen. Eaton. I presume I have a right to know what is to be proved by this witness. Mr. Wickham. With respect to gen. Eaton's right, that is out of the question. He forgets that this is a case between the United States and Mr. Burr. Mr. Burr. I have stated twice that col. Gaitner is to prove certain proceedings of a Court Martial. We shall prove the conviction of general Eaton for certain crimes; and we may perhaps go further and say, something as to his general character. Gen. Eaton. I am willing, sir, that the most minute acts of my life should be enquired into. But, sir, I have been taken by surprise. I did not suppose that the records were to be raffled, to sift things which happened beyond the flood. But, the records of that Court Martial should be produced here. The law in every case requires the best evidence. Mr. Wickham. It is unfortunate, that general Eaton did not know that the records were burnt. Gen. Eaton. You, sir, know that there are always a pair of the proceedings of a Court Martial. This man who arrested me, if he has done his duty, ought to have kept one copy; the Judge Advocate another; and a triplicate of them is filed in the Department of War. But, sir, if all these copies are lost, I will supply them, & though my copy may not be verbatim and minute, I will furnish the general contents. I waive my demand for the copy of the record, and if testimony be now introduced, I shall only claim the privilege of explaining, after the witness has concluded. After a few remarks from the bench, col. Gaitner proceeded.
In the early part of 1796, my acquaintance with capt. Eaton commenced on the river St. Mary's at a fort then building called Fort Pickering, where he then commanded. I commanded the troops, of the U. S. on the Oconee. On the information of capt. Duncomb, I had capt. Eaton arrested, and had a Court Martial. The trial was held—Mr. Burr. What offences were charged? A. I do not recollect. I was not present at the Court Martial. Mr.
Burr. State then as far as you do know. Witness. There was something about dealing in the soldier's rations and something about selling the public corn to the inhabitants of that part of the country. Mr. Burr. For his own profit? A. So the report ran. The number of charges against him I do not recollect; but he was found guilty, of some one or perhaps the whole. I had the proceedings signed by the President of the court captain Freeman; and capt. Eaton was suspended from command either for 3 or 6 months. Mr. Burr. What did you do with these proceedings? A. They were sent on to the Secretary at war. They were upwards of 100 pages. I do not know whether I confirmed the sentence or not. There were some letters from capt. Eaton requesting me not to send them on.—Gen. Eaton. I will show those letters produced. Mr. Burr. And what did you do with Eaton? A. He was sent on. A. He was to be under arrest for some months, after the confirmation of these proceedings. Many things were laid against him. Major commandant Freeman complained of his quarters being stowed in the night, and supposed capt. Eaton was the cause of it. I thought it best in consequence of these complaints, to send him on to the Secretary at war; he being of no use there so long as he was suspended. Mr. Burr. Was the sentence ever confirmed by the Secretary at war? A. I do not know. I never heard.
Mr. Hay. Will you be pleased to say, what charges you do recollect? A. I cannot repeat the charges. There was something about selling public corn to the inhabitants, and clothing his soldiers with nankineens which he had brought from Philadelphia, and on which he made a profit. However I never attended the court. I only arrested him. Mr. Hay. Can you form any conjecture as to the number of charges? A. I cannot. The whole record was not filled up with the charges; but they also contained the proceedings and capt. Eaton's defence. Mr. Hay. Do you know whether you confirmed the sentence or not? A. I do not recollect. But I believe I did not; from having received some letters from capt. Eaton insinuating that I would not do justice, at which I was much hurt. Q. And you do not know whether the Secretary at War confirmed the sentence? A. I do not. I never heard any thing more about it, until I heard of his being sent as Consul to Tunis. Mr. Hay. Then he was appointed to Tunis after all these proceedings? Mr. McRae. When an officer is convicted of a crime, it is not customary to cashier him? A. It depends on the nature of the offence. I have seen them sometimes cashiered and sometimes rebuked. Mr. McRae. Was it not regular for you first to have acted on this sentence? A. By the Rules and Articles of War, I might have done it; and so far indeed, until it touched his commission.
Gen. Eaton. Are you positive that the suspension of the court was for 3 or 6 months? A. I do not say, that the sentence ran for 3 or 6 months. There was a suspension for months or years. Mr. McRae. For years? There is a very great difference between years and months. Chief Justice. That is of no importance. Mr. McRae. It certainly shows the incorrectness of the witness's memory. Q. Did you say that gen. Eaton wrote you not to send the records to the Secretary at war? A. So I understood from his letters. He wanted a conference with me. Gen. Eaton. Were you confident whether this request was made before or after the trial? A. I am not confident. It has been a great while ago. Mr. Hay. Is it customary for the Secretary at War to send an answer, when a sentence is sent to him for confirmation? A. Yes.—but many letters from him to me never arrived and some that arrived were broke open. Q. And you sent gen. Eaton to the Secretary at War? A. Yes; a vessel was going from St. Mary's to Philadelphia. I wrote to capt. Eaton to come down, and sent him on to Philadelphia for further instructions. Mr. McRae. Did you hear from gen. Eaton afterwards? A. Just before he shipped himself off to Tunis, he wrote to me. Mr. Martin. Did the complaints cease, after he went to Philadelphia? A. Yes. We were perfectly tranquil. Mr. Wickham. Do you recollect any charge of putting an infant on the Muller Roll and drawing rations for him? A. No. Q. A little boy? A. Yes; a fifer. I thought it improper to have 2 fifers and a drummer on the roll. Mr. Wickham. What was his name? A. Donaldson or Danielson. Mr. Hay. Was this one of the charges before the Court Martial? A. No. Mr. Hay. Then you will answer no questions as to that. Mr. Hay. How long did you remain in the army after this? A. Till June 1802. Mr. Hay. Did you resign then? A. I got a letter from the Secretary at War, revoking my commission. Mr. Hay. Were you not yourself under arrest? A. Yes; by the civil authority, and then by the military. Q. At what time? A. In 1802. Q. Was nothing done in the military arrest? A. I considered my dismission as giving me liberty to withdraw; and I came off. Q. By whom were you arrested? A. By gen. Wilkinson.
Mr. Hay. What officers composed the court martial, that tried gen. Eaton? A. Major Com. Freeman President, capt. S. Tinney, capt. Nichol, and some other officers; I am not certain whether capt. Davidson and ensign McCann were the other members—Gen. Eaton. They were ensign McCann and lieut. Thompson. Mr. Hay. Did they remain in service? A. Freeman is now a major. Thompson is dead. McCann, I think, is in service.
CAPT. SAMUEL TINSLEY.
Mr. Burr. You were a member of the Court Martial that was held over gen. Eaton at St. Mary's? A. I was. Q. What were the charges? A. I recollect but one. Q. And what was that? A. For speculation: When general Eaton went there, he had brought round with him some nankineens, which he had made up into summer coats, and furnished to his men on a profit, as was supposed. Q. Was he found guilty on these charges? A. He was suspended from his command. Mr. Hay. Do you recollect, to which charge the sentence of the court applied? A. I do not. Mr. Hay. Do you know whether that sentence was ever confirmed? A. I never heard. Mr. Wickham. What was the general character of gen. Eaton in the garrison? was he generally respected? A. He was not generally liked by the officers. Q. Do you recollect any charge about public corn? A. I cannot distinctly. There was something said about it. I understood that there was some corn sold by gen. Eaton. Gen. Eaton. That is true. Mr. Wickham. We are
asking the witness. Gen. Eaton. I will give you that trouble, sir. Mr. Burr. The question is were the avails applied to his private profit? A. It was said. Mr. McRae. No, sir. Do you know any thing of it? A. I do not. Mr. McRae. How long was gen. Eaton suspended? A. For 3 or 6 months. Mr. Hay. You stated that the corn was sold by gen. Eaton's order; was it publicly sold? A. I do not recollect. Gen. Eaton. Was not the corn sold by the acting commissary of the garrison, Thompson; was it not sold through the Quarter-masters department? A. I cannot tell. Mr. McRae. Was it sold secretly? A. I will state what I heard; that a part of the corn was sold and applied to the use of part of gen. Eaton's family. So Thompson said.
GEN. EATON rose to speak. [Mr. Burr. Before General Eaton goes on, I will to know how he stands before the court, whether as giving testimony or as a party. If he is to be considered as giving testimony we may ask him some questions. If the court thinks proper to indulge him in any observations I have no objection.] General Eaton. I understood by the opinion of the court expressed a few days ago, that explanations, in the situation in which I am placed are admissible. Chief Justice. But you will confine yourself to explanations only.
Gen. Eaton proceeded. In the fall of the year 1795, I received an order from the Secretary at war to take a command on the St. Marys, being then a Captain on the military peace establishment. Col. Gaitner at that time commanded the regulars on that station; and James Seagrove was Indian agent for the Southern nations. Reports from these gentlemen represented to the government of the United States, the people of Georgia as disaffected insurrectionists and disorganizing:—That they were, in the back country under the command of Gen. Clarke preparing an expedition against East Florida. They represented gen. James Jackson as the head or patron of this disposition of citizens. They described the Indians as hostile disposed and the Spaniards as balancing between dispositions of war and peace. [Did I state that my orders from the secretary at war were distinct, and special.—I accepted the command with distinct and special instructions from the secretary at war.] These same reports recommended the establishment of a trading factory on the waters of the St. Marys, and also recommended that a military post be stationed there, with a view of averting the Indians or arresting them if necessary, of keeping the Spaniards in check, and an eye of vigilance towards any disorderly citizens of Georgia who might attempt to make aggressions on the territory of a friendly neighbour. Early in the month of January 1796—I arrived at Coleraine a post on the waters of the St. Marys with directions and special instructions from the secretary at war pointing directly towards these objects; and shortly after took my post at the head of three companies of infantry. I ought to mention that in passing through Savannah, I wait on Gen. Jackson, and communicated to him the two first objects of my command. He apprehended no danger; but said, that in case of need, he would order to my assistance any number of militia, which circumstances should require. This, I confess, surprised me not a little, and gave me reason to suspect the accuracy of the information of Seagrove and Gaitner. But I still concealed from gen. Jackson one of the objects of my command, which was to keep a watchful eye on the citizens of Georgia. I much disliked the position assigned to us by Seagrove, on the waters of the St. Marys, as a military post. The trading house, in freshness, was below high water mark. There were no military sites near it, and the circumjacent country was a low, pitch-pine barren. The water was bad, being that of the river St. Mary's.
Though there had been some commotions on that frontier, yet I found the Indians friendly, the Spaniards peaceable, and the citizens of Georgia tranquil, except some internal dissensions concerning the Yazoo grants. The post at Coleraine was designated by Seagrove as the best military position on the waters of the St. Marys. I reconnoitred the country up and down the river; and nine miles above that post, by land, I found an elevated site, good encamping ground, and fair springs of running water. The reports which my duty required me to make contrated these relative positions, and relative facts, and were so diametrically opposite to what had before been represented, that I soon found myself in collision with Seagrove. I had discovered that the position recommended by Seagrove was his own private property, and that he owned thirty thousand acres of land adjoining:—and I was told (but this I do not assert as a fact) that col. Gaitner was in partnership with him. Col. Gaitner visited me at my post in the month of Feb. I think: and, among other friendly things, offered me a partnership, in a purchase which he had made to the Yazoo grants, on advantageous terms. This I declined: as I disliked that business in all its shapes. It occurs to me also that Seagrove, about the same time, proposed to me, as an inducement to remove my family and settle in Camden county, to accept as a compliment, four or five thousand acres of land in the neighbourhood of Coleraine. I told him, jocosely, but supposed he understood me, that he did not bid high enough.
In the summer following, whether in July, or August, I cannot say, commissioners arrived who were appointed by the government of the United States to treat with the Indians, to settle certain boundaries, and disputes about boundaries which had not before been adjusted. About that time the misunderstanding between col. Gaitner and Mr. Seagrove and myself became very distinct and visible; there was not much intercourse between us; and I was not very desirous to become a partisan among the officers, as every body knows the advantage which great men have on such occasions. This commission was composed of gen. Pickens, col. Hawkins and George Clymer. They requested me to act as secretary to the commission; and two of them, I think gen. Pickens, and col. Hawkins took lodgings in the block house which I occupied.
After the termination of the negotiations with the Indians, these two gentlemen proposed to reconnoitre the country, expressing much dissatisfaction with the position at Coleraine. I rode with them in different directions and at different times, and at length shewed them the position nine miles above Coleraine which I have before mentioned, called Trader's Hill. This
they surveyed as far as they could by ocular survey, and viewed it very attentively. They seemed much satisfied with it, and spent the greater part of the day there at the spring. On our return to our quarters, col. Hawkins asked me for a copy of my letter to the secretary at war, describing the relative position of these two posts, and also what I had stated as to the situation of the other objects under my command. I shewed him that copy. He read it attentively, and making an apocrypha to me said, "I think, sir, I will now inform you that the commissioners have private instructions to ascertain the truth of certain controversies between you and certain gentlemen high in trust here; and I have the pleasure to inform you that we shall bear testimony of the truth of all your statements." I coolest I considered this as a great gain, if not a triumph over those gentlemen Seagrove and Gaitner; &c, as such, I took of it.
I heard much of the observations of the two gentlemen of whom I have spoken. Seagrove said that Eaton must be got off this place; Gaitner replied—"leave that to me." He could not remove me by his own order and referred to a court martial as his dernier.
Unwilling to suffer the embarrassment of an arrest and trial, I wrote to col. Gaitner and proposed an interview.
Whether he condescended to answer my letter or not I do not remember. But I was soon after arrested on five several charges; either of which, if supported would be sufficient to cashier the best officer on the service. I cannot give those charges in their regular order, but I can give them, with their specifications.
First general charge.—Disobedience of orders. Specification. Disobedience of the orders of col. Gaitner, with respect to some police of the garrison, in which he had no right to interfere. But the specification was not reported, and on it, as well as the general charge I was acquitted.
Second general charge.—Neglect of duty. The specification, amount, and result of that charge the same as the first. I was acquitted. Q. What was the specification of that charge? A. Some little arrangement in the garrison as to the men.
Third general charge.—Speculation. Specification. In paying the arrearages of goods taken from the factory; and in supplying them with certain articles of clothing. It appeared in evidence that these arrangements were with the unanimous vote of the company; and tho' much pains had been taken, but one solitary soldier could be found to say that he was dissatisfied, notwithstanding every one voted for the measure. My object was to give the men clothing suited to the climate, without any private views whatever. The same arrangement had been made by every commanding officer there, and with the approbation of Gaitner. On this general charge—I was acquitted.
Fourth general charge.—Peculation. Specification. In selling public corn. Admitted the fact, and shewed in evidence by the testimony of two commissioned officers, that this corn, about twenty-five or thirty bushels, was perishing on my hands, and was sold by the verbal order of col. Gaitner, given in their presence, and the avails placed in the quarter-master's hands, for the purpose of procuring hospital supplies.
Acquitted, on the general charge.
Fifth.—Fraud. Specification. For having retained from the garrison certain rations of flour due as arrearages, and storing them in the magazine. The fact of retaining the rations, and storing them in the general magazine, I also admitted, and shewed in evidence, that I retained them to meet a claim of the contractor, for an equal number of rations used or destroyed by the soldiers, when he had laid in provisions unfit for use. The soldiers being without corn, or flour, I lent to the contractor advising him of it. He wished me to use some damaged flour, which I refused; but the soldiers, from necessity, were compelled to open several barrels, and select such as could be used. This occasioned a considerable loss, which the contractor wished me to bear. I absolutely refused; and he instituted a suit against me. When the provisions arrived, I ordered the contractor to provide a number of rations for the soldiers equal to those to which they were entitled, when he had left them without wholesome provisions. On his refusal, I retained that number for the benefit of the soldiers, and had them stored in the general magazine. I was acquitted on that charge.
For what good reason I know not, or for what good purpose I see not, except like Felix to shew the Jews peculiar favour; I was sentenced to be suspended from command only, for two months. The proceedings of the Court Martial were sent to col. Gaitner, whose duty it was to decide upon them. Finding that his object was not attained, he did not decide upon the sentence, from what spirit of benevolence I know not; but he kept me in a burning sun, confined within the walls of my own fort, for more than a month, without letting me know the sentence of the court. At length he informed me by an order, that I was to repair to the seat of government and receive further instructions. As I had suffered myself to be arrested by his order, I was compelled to obey, and went round to the seat of government. I presented myself to the Secretary at War, and begged to know what standing I had, as respected my rank. He said, we have been made acquainted with the unhappy misunderstandings which have existed in Georgia; and we consider you as we always have done. (Mr. Hay. Who was the Secretary at War? A. McHenry.) The sentence never was approved off; and President Washington pronounced on the whole proceedings, that they were a tissue of perfection and wickedness; as I was told by a gentleman who heard him use the expression.
To throw some little light on the declaration of col. Gaitner, that I was appointed to a foreign command, I will observe, that, at my own request I was permitted to resume my command on the St. Marys. After my orders to return to Georgia, I was detained for the purpose of attending a court martial which was to set at Fort Millin, until the extraordinary session of Congress, and until Blount's conspiracy exploded. I was then employed by the government to apprehend certain of his associates. During which session, or about that time, our treaty with Tunis arrived, and was not fully approved by the senate. It was ratified with the exception of three articles. A proposal was made to me by the secretary of state, to take an embassy to Tunis to ratify that treaty, and to accept of

a consular agency. As I never had any predilection for a military peace establishment, I engaged to go on that service. But before I left the seat of government I saw Scragg removed, and the post at St. Mary's left with a foreign command, which may account for the subsequent tranquility of the place. Since which, Mr. Gallier has been permitted to retire in Artois . Mr. Burr . Did you assign any date to the court martial which sat at Fort Mifflin ? A. I cannot. Mr. Burr . Was it in 1786? A. If I am correct in the extraordinary session of Congress, which I think was in 1787, I am correct as to the court martial. After I was ordered to Georgia, I remained some time to see a member of the court martial. But before I could make my arrangements to leave the seat of government, the extraordinary session of Congress commenced. Mr. Burr . Was it in the same year and pending the extraordinary session of Congress that you were employed to seize Romaine and others? Was silence imposed upon you by the secretary as to the seizing of Romaine ? A. I cannot say distinctly. Though secrecy might have been enjoined, yet I have no objection to state the manner of the arrest of Romaine .
Mr. Burr to Col. Gallier . Was speculation countenanced with the soldiers? A. No; in no instance. Mr. Burr . Did you order the corn to be sold? A. I knew nothing about the selling of the corn, or any thing about it. Mr. Burr to Gen. Eaton . On which charge were you convicted? A. On some specification of a general charge. On every general charge I was acquitted. You know the nature of a general charge. You know, too, that with the stern and just character of general Washington, he would keep no man a day, in office who had been guilty of any of the charges exhibited against me. Mr. Burr , to Col. Gallier . When was Scragg removed? A. The latter end of the time year 1786. He was removed in consequence of a treaty with the Indians making some variations in our boundaries. Col. Gallier . Gen. Eaton , has said a great many things that I knew nothing about, and never heard of before. As to land in partnership with Scragg, and reports to the government, I am a total stranger to either circumstance. I recommended strongly to the secretary at war a removal of the military post from Coloraine , and recommended Trader's Hill . I found capt. Eaton , and capt. Tinney at Coloraine when I arrived there. Mr. McRae to Col. Gallier . How long were you at Coloraine before the arrival of gen. Eaton ? A. He was there before me. Mr. McRae . Did gen. Eaton go there with orders from the Secretary at war? A. Yes, I suppose so. Mr. McRae . You suppose gen. Eaton had no hand in choosing the place? A. I suppose not.
SIRAS DINSMORE. Mr. Hay . Were you in New Orleans when gen. Wilkinson arrived there in November last? A. I was. Mr. Hay . Did he make any communications to you? A. He made a very full and general statement of the situation of the country, and of his apprehensions of approaching danger. Mr. Hay . How soon after his arrival? A. I think on the 26th or 27th of November. He arrived there on the evening of the 25th, and made his communications to me very shortly after his arrival. Q. Were those communications made under any injunction of secrecy? A. They were. Q. Were you acquainted with the state of the public mind at New Orleans at the time of the arrival of Gen. Wilkinson? A. I discovered nothing unusual about that time. Q. What was the state of the public mind after the approach of Burr was announced; did there appear to be a considerable party disposed to favor the views of Col. Burr? A. A considerable party appeared to be in favor of Col. Burr, and were much opposed to the measures of General Wilkinson. Q. What appeared to be the general impression on the minds of the citizens, and what was their conduct before and after Gen. Wilkinson exposed the plans of Col. Burr? A. Before the disclosure of those plans, it was a general subject of enquiry as to the conduct of Gen. Wilkinson in taking post at New Orleans; and many censured the measure. About that time several members of the Western World appeared, in which many severe arraignments were cast on Gen. Wilkinson and others; which, after the disclosure made by Gen. Wilkinson at the government house, occasioned very considerable commotions among the citizens. It became a general topic of conversation in the coffee houses, the hotels, and even in the streets—I will go further, that there appeared to be a large proportion of the mercantile interest in favor of General Wilkinson's conduct, some censured and some doubted. Gen. Wilkinson considered it as my opinion, having previously made a full disclosure of the dangers apprehended, and of the measures which he had adopted. I did give my advice in favor of seizing every man whom he found opposed to his measures. This was after the development of the state of affairs by General Wilkinson. [Mr. Martin . And that not to be depended upon. Mr. Wirt . That will be a subject of discussion hereafter. Mr. Martin . I know that, Mr. Wirt . (In a lower tone of voice) to Mr. Martin . You have a good deal of that kind of thing. Mr. Hay . Did you see Col. Burr at Washington, in the Mississippi Territory ? A. Yes. I received a verbal message from him, by an unknown person, and returned an apology for not waiting on him that day, but went to see him the next day. I met him in company, but he solicited no private interview, and I had none with him. Mr. Hay . Was there any circumstance which particularly attracted your notice? A. No. I never saw him till he was in the hands of the civil authority. Mr. Hay . Do you recollect whether in New Orleans and while general Wilkinson was there, intelligence frequently came down the river flagging the approach of col. Burr and his party? [Mr. Wilkinson objected to the witness speaking of mere reports, as being nothing better than hearsay evidence.] Mr. Wirt contended it was admissible evidence; and that it was proper to show the state of the public mind arising from those rumours which were generally circulated to justify the strong measures which were taken. The Chief Justice said that neither hearsay nor rumours could be regarded as legal evidence; but if there be the slightest shade of difference in the testimony, that of rumour, in such a case as the present, was the most tolerable. A. There were frequent reports to that effect. Among other rumours, Mr. John Clay , a respectable merchant of New Orleans, came to gen. Wilkinson's quarters on the morning of the 8th or 9th of December, and offered to see the general; whom shown to him, he observed in my presence, I felt it my duty, generally, to inform you that I have received a letter from Kentucky informing me that col. Burr has seized on the arsenal in Kentucky, (I think near the mouth of Kentucky river) and has armed himself with all the arms and ordnance found there deposited. A few minutes after, governor Clarke came in and said, general, I have received certain information on which I can depend, that a squadron of the British fleet is cruising off the Bahamas . Mr. Hay . Have you ever been on service with gen. Wilkinson? A. Not in a military character. Mr. Hay . Have you ever in a civil? A. Yes. Mr. Hay . What was his general reputation as to integrity? A. I never knew anything as to his integrity; but what was pretty infallible as his conduct came within my own knowledge, it always appeared to me to be perfectly correct. Q. How long have you known general Wilkinson? A. I was a little more than five years since I first knew him. I have seen him in some service with him for months together in the field, while we were engaged in running the Natchez boundary line. Mr. Hay . Have you ever discovered any thing which betrayed a want of patriotism in gen. Wilkinson? A. No. His patriotism was of the most ardent kind, such as I wish to possess myself, and could with every other ci-
tlizen to possess. Mr. Hay . Did he ever write to you about raising a military corps? A. Yes. But that was predicated on the idea of a rupture with Spain. Mr. Randolph . Have you got the letter? A. I do not know. I have several letters from General Wilkinson, which I have not; but I have not examined whether this particular one is among them or not. Mr. Randolph . What is the date of the letter? A. 1805. Q. What induced you to suppose that there was a probability of a war with Spain at that time? A. From interviews with the general in the year 1803, and subsequent correspondence with him till 1805. The first was occasioned by the doubtful state of our negotiations with Spain; The second from the detention of a part of the ceded territory. From many circumstances it was supposed a rupture was inevitable. Mr. Randolph . What was the space of the territory in dispute? A. From the parallel of latitude 31 degrees north, to the Gulf of Florida, and from the Mississippi to the river Perdido . Col. Burr . Did Gen. Wilkinson offer you a reward for apprehending me? A. I think four or five thousand dollars were offered in behalf of the government. Q. When was that offered? A. Some time in December last. Q. Did you undertake to effect it? A. I did, as far as was practicable and expedient. Q. What was that offer predicated on an order of the government, or was it the first of the general? A. I do not know. Q. Did he justify you that he had authority for making the offer? A. I think he did. Q. When did you leave New Orleans? A. On the morning of the 9th or 10th of December. Mr. Baker . When was the offer made? A. Just about that time. Col. Burr . Did you send an order to the Choctaws to take me? A. I carried myself the proclamation of governor Williams to the Upper Choctaws, and employed runners to carry proclamations, with instructions to intercept the path in every direction, and wrote to the agent in the Chickasaw nation to the same effect. Mr. Wirt . What do you mean by saying that you undertook to arrest col. Burr as far as was expedient? A. I meant that if I should have found him at large, I should have taken him, but not out of the hands of the civil authority. Q. Where there not officers sent up to take him? A. Yes, and I was instructed to co-operate with them; but he being exactly where Gen. Wilkinson willed him, in the hands of the civil authority, I advised the officers to return, and they separated. Col. Burr . Were you to seize me privately? A. Yes; if practicable. Col. Burr . Was I not reputed to be at the head of an army by gen. Wilkinson? A. Yes; and by other too. Col. Burr . How then were those men to take me!—Col. Burr . When were those officers sent? A. I can inform you when I first saw them, which was on the first of February. Col. Burr . Of the orders of the officers you know nothing? A. Only what I saw, an order from Commodore Shaw to Lieutenant Jones to receive you. Col. Burr . You said the officers returned on your advice; did you see them recite; or do you know when they left that part of the country. Had they separated before I left the town of Washington? A. I cannot tell when you left there, but the last time I saw them was on the 5th of February at Natchez . Col. Burr to Commodore Shaw . I understood that you received orders from gen. Wilkinson? were those orders from the government? A. I think they were the result of an arrangement between governor Clarke and gen. Wilkinson. I did not know at that time, that I was subject to the orders of general Wilkinson; but always understood that I was to co-operate with him. I considered it as governor Clarke took the responsibility I was to co-operate, and that the orders were given conjointly with gen. Wilkinson. Col. Burr to Mr. Dinsmore . Did gen. Wilkinson express any doubts of the militia? A. He expressed no doubts of the Crooks; but he doubted the ingenuous group which constituted the citizens of New Orleans. Col. Burr . Did he doubt the civil authorities? A. He did entertain doubts of the judges. Mr. Martin . Did he express any doubts of governor Clarke ? A. He had no doubt of the integrity of governor Clarke and of his attachment to the government. He said they had at one time been on such terms as not to act together, but he was in hopes they would unite. Mr. Martin . Did he doubt governor Mende ? A. Yes. Because he did not co-operate with the General, and refused to furnish his quota of men. Mr. Hay . Did gen. Wilkinson doubt the patriotism of governor Clarke ? A. He was far from doubting his patriotism, but said he wanted friends. Mr. Martin . Did he doubt James Brown ? [Mr. Wirt objected to such a charge of interrogation, as indecent and improper. Mr. Martin defended it on the ground, that, from the conduct of gen. Wilkinson, it would seem that men even high in authority could not be trusted.]
LEXMERE HARRY
Introduction as a witness on the part of the U. States.
On the first evening of the arrival of col. Burr at the town of Washington, after his submission to Mr. Mende , I was introduced to him by col. McKee . Col. Burr , col. McKee , James Callier and myself, were the only persons present. Soon after my introduction, the subject of the expedition was introduced on the carpet. In the course of conversation, Mr. Callier or myself observed, that if he (col. B.) had gone over to Washington county on the Mobile, and impressed upon the minds of the people there, that his enterprise was a secret one against the Spaniards and with the sanction of our government, he might have procured men and armed vessels enough to have taken the town of Mobile , at which place he would have got a sufficiency of arms and ammunition to have kept possession, or armed vessels to convey his troops to wherever place he pleased. Col. Burr then began to inquire into the situation of the Mobile, and of Washington county and perhaps of Pensylvania; but devoting the difficulties to which the people of Washington county were subjected from the actions of the Spaniards and their unfriendly disposition towards us. To which col. Burr made this reply; that he was surprised that the people had never attempted to do themselves justice; that he had seen with regret their memorials to Congress read with contempt and neglect; while they were reading, the members would be tracing their feet, and they were no sooner read than the house passed on to some other business. He then said, that the government having neglected them, it was a natural right and ingrained on the constitution, for the people either to erect a government of their own, or to take protection under such other government as would promise them a happier situation. He was surprised, that the people of Washington county had not done it before.
Mr. McRae . Had Burr previously informed you of the nature of the enterprise on which he was going? A. He had not. But it was the general rumour, that he was going against the Spanish colonies. Some of his partisans at least held out this idea, and declared that there was nothing meditated against the U. S. Mr. Hay . Did Burr express himself with any earnestness in this conversation? A. He did, with great emphasis. Mr. Hay . Are you a member of the Legislative Council of the Mississippi Territory? A. I am. Q. From what part? A. From the county of Washington, and Mr. Callier represents it in the H. of Representatives. Mr. Hay . Do you recollect Mr. Robert New ? A. No. Q. Did he defend the river with col. Burr? A. I do not understand. Q. Was he in company with col. Burr? A. He lodged in the same room, and they seemed to be in the habits of the strictest intimacy. Mr. Hay . Did Mr. New make you any proposition? Mr. McKee objected to this question. What is Mr. New conduct to col. Burr ? Mr. New is a gentleman of respectable connections in this part of the country. If it be necessary, why not directly proceed against him, instead of thus employing his conduct to eliminate col. Burr ?—Mr. Hay . Mr. New , for an agent of col. Burr , and concerned in this enterprise. I wish to show by this witness, that Mr. New offered to tell him a number of mullets. As to Mr. New being a respectable man, it is a melancholy fact, that there were a number of men who were then respectable embarked in this enterprise, and who will have to regret to the last day of their life, that they have been thus deluded.—Col. Justice to the Witness. Do you know whether there was any connection between Mr. Burr and Mr. New ? A. I know nothing positive about it. They appeared to be very
intimate, and Mr. New frequently went on col. Burr 's business. He did not deny that he came down the river as one of the associates in an enterprise, with the objects of which I am not particularly acquainted.—Mr. Hay . There is the strongest presumption to believe, that there were the identical arms that were brought down the river.—The Chief Justice permitted the question to be put. Mr. Hay . Had you any treaty with New about arms? A. There was: but we never completed it. We had been for several days on a contract for a quantity of provisions, which was brought down in the boats called col. Burr 's boats. He said that the provisions were not his private property, but that he was agent for the owners, between whom some matters were to be adjusted respecting them. On the Sunday before col. Burr left the town of Washington, and after the boats had been searched for arms, New asked me, whether I would not like to purchase a parcel of guns. I asked him how many there were. He answered about 40 or 50; or between 40 and 50; and as elegant muskets and bayonets as ever I saw. There was some difficulty about them. He would not deliver them, but would leave them in a place where I might find them. He offered them to me at a price which I consider I only about one third of their value. He said, that they were now of no use to them, and that it was better to get something for them than nothing. I observed to him jocularly, that they could not have been of much use in settling the Ouachita land. He said that I was much mistaken if I thought that the men whom I saw engaged in this enterprise were going on so dull a business as that of settling a new country; that they were generally too well fixed at home to embark in such an enterprise; but that the settlement of the Ouachita was a good idea to hold out to the world; and it seemed to go down very well.
Mr. Burr objected to this evidence. How could the conversations of others legally affect him?—On this point a desultory debate arose. The Chief Justice conceived that the declarations of all the party who were at the mouth of Cumberland, as to the intention of the expedition, were admissible evidence. Cross-Examined.—Mr. Burr . Did not you and Mr. Callier express very strong sentiments concerning the right of the people to redress themselves? A. We did express ourselves in that manner and spoke of the difficulty of restraining the people from attacking Mobile . Q. Do you recollect the resolution of your Legislature on this subject? A. I do. Q. Did not that contain the same sentiments which you ascribe to me? A. Not particularly. Q. Did you vote for this resolution? A. I believe so.
Here Mr. Wickham read the following affidavit: The affidavit of JULIAN DEPESTRE of lawful age, Saith: I have no knowledge of col. Burr ever entertaining any designs or intentions against the peace of the United States nor against New Orleans, nor against any other part of the United States. Nor have I any knowledge of his having any designs against any part of the dominions of the king of Spain, so long as that power should keep at peace with the United States.
In the last days of July 1805, in one of my visits to col. Burr in Philadelphia, I communicated to him my desire to make a tour in the Western country to seek for an advantageous situation for my family. Col. Burr told me that if I could be ready he would be glad to accompany me; and that if I could be at Bedford by the tenth of August, we would spend there a few days, and then proceed by Pittsburgh , adding obligingly, that he would introduce me to some of his friends, who probably would be the most proper persons to direct me in some requisition; I agreed, and the 14th of August I met col. Burr at Mr. Connellburg , and continued in his company till the 24th or 25th of September, that I left him a few miles the other side of Cilicothe .
We spent about seven or eight days of the time I was with col. Burr at the Springs of Bedford , then we went to Pittsburgh where I was introduced by him to gen. O'Hara . The 22nd of August we went to Mr. Morgan , half way we met with his two sons, the eldest and the youngest, who came, sent by their father to welcome col. Burr and accompany him to his house, there we dined and passed the night; next morning we went to breakfast to Washington. Mr. Morgan 's eldest son accompanied us; again after breakfast we parted and continued our journey. When we travelled in the back part of Virginia and in the state of Ohio, I saw several men coming, some in their name, some in the name of several others to col. Burr ; they generally told him that they had under flood, that there would be a Spanish war, and that he was to have a command, in which cases they came to offer themselves, manifesting the pleasure they would have to serve under his orders: col. Burr would always hear what they had to say, and answer them in my presence, and I must say, that so long as I travelled with him he never avoided my presence to speak to any body; in general his answers to them were, that there was no such thing as a war till now, and that he had no kind of commissions of government; but that if it happened that there should be a war, which he thought would be the case, that he would make every thing in his power to take an active part in it, and that if he succeeded, he would be very glad to command such brave men—I saw them all go back very well pleased with him; it was about that time that on my observation to col. Burr , if he had really a mind to take a part in a Spanish war, if there was one, that he asked me if in that case I would accept service in the army of the U. States, or, if the views of government should not extend to conquest, in a private enterprise to be composed of volunteers, adding that such expeditions were permitted by the laws of the United States in case of war—I answered him all at once, that if he had credit to procure me such situation in the army as would suit me, I was very willing; he then replied, that he understood it so.
We arrived at Marietta the 25th August, and the 27th we went to visit Mr. Bleennerhasset on his island—we dined and passed the night there; the 29th we came back to Marietta, and the 29th we took the road to Cilicothe , where we arrived the 31st. The 24th of Sept. I left col. Burr about 20 miles from Cilicothe , he pursuing his journey to Cincinnati, where I declined going with him, having an intention of visiting Upper Louisiana, and fearing my time was already too short; from that time I have not seen him (except a moment at Louisville) where I had spent a few days with my friends; that was about the 16th of Sept. At my return about the 20th of Oct. I found him again at Lexington, busy and much engaged with old papers and others; he told me he had made the purchase of the Ouachita lands of which he had spoken to me, and offered to accommodate me with as much as I pleased for the same price it cost him; I acknowledged this mark of friendship; but told him that I declined for the moment, because I wanted to go to see and provide for my family; he then asked me if I had renounced to take a part in the Spanish war, if there was one; I told him that there was none yet, that even it was my opinion there would be none, but that in case there should be one, if he was pleased to send me word of it, and of the situation in the army he would have obtained for me, I would be on the spot as soon as himself; he agreed I was right, but told me he believed there would be a war, and he hoped that I should stay a day to take his letters. I agreed, and the next day
sent me a letter for Mr. H. B. Latrobe , which I delivered at my passage at Washington City.
The deposition on Cross-Examination on the part of col. Burr being asked the following questions of fact, viz:— Q. Did you, when at Morgan 's, hear col. Burr talk of any military expedition, or of a separation of the Western States from the Union? A. No, except during the dinner, when old Mr. Morgan began once or twice to speak about the rumours of a separation of the Western from the Eastern States; but col. Burr seemed not willing to engage in such conversation, and did all he could to get rid of it, seeming more pleased with the conversation of the ladies. Q. Were you generally near col. Burr , or frequently engaged. Did you see him engage in particular conversation during that visit? A. I heard the Morgan 's give their testimony, and I do not know for my part, when such long conversations could take place; it was not before me, and col. Burr was but very little time absent from me; after dinner I left him with the company, and with old Mr. Morgan in the garden, where col. Burr came and joined us with the ladies, about 15 minutes after; we were together all the remaining of the day, in the walks we took, and visits we made, except when I was absent, col. Burr took the candle, & went out the doors for a few minutes, and then came back to his bed. Q. Did you hear col. Burr , during the time you was with him, talk of a separation of the Western from the Eastern states? A. Never; I only remember that in almost all the houses we stopped to, people would often engage a conversation with us upon that subject; but col. Burr would always laugh at the idea. Q. Did it appear to you that he was or he was not seriously interested in making some new establishment in lands? A. His project of purchasing lands on the Ouachita was a more general topic of our conversation when we were travelling, and he seemed anxious to prevail upon me to engage in it. Q. In what state of mind was then old Mr. Morgan ? A. We were told that he had been of late very sick, and he appeared to me quite in dosage. (Signed) JUL. DEPESTRE.
City of Richmond, ff. Personally appeared before me Edward Carrington, a magistrate for said City, the above named Julian Depestre, and made oath that the foregoing affidavit by him subscribed is true. Given under my hand this 18 Oct. 1807. E. CARRINGTON.
CURSORY REFLECTIONS. At the close of the important trial which has so long agitated our city, our readers may very naturally call upon us to deliver our own opinions. To discharge this duty we once more take up the pen. The subject is complicated and extensive. We shall attempt to seize its leading features and present them in the form of cursory reflections: These reflections will naturally touch on three great portraits: that of Aaron Burr : The Chief Justice , of the U. S. and Gen. Wilkinson . There is nothing which we have to submit to our readers, which may not very properly fall under one of these heads.
NO. I. PORTRAIT OF AARON BURR.
"Who noble and, by noble means attains, That man is great indeed—"
Is such the greatness of the man who stands before us? Is such the character of the transactions, which have been lately unfolded to the world? Let us analyse both his ends and his means to see what pretensions they can give him to the character which the Poet has described. This trait uniformly marks his conduct and design; that he never is contented with a lower result, so long as he can aspire to the highest. The mines and riches of Mexico are tempting objects; but even the wealth and splendor of the Mexican empire, when viewed through the long tract of water and wood which he would have to pass, and the d—ers which were to be encountered, are lost an ecclipted in the superior lustre of a throne, erected at New Orleans, and stretching his sceptre over the Western States. From every thing which we can collect, as well from his own declarations where he dared to unbosom himself, as the more unguarded avowals of his less artful accomplices, A. Burr must have had three objects in view:
To separate the Western from the Eastern states. To invade Mexico, or To effect a temporary settlement on the Ouachita .
The first was the foremost in his hopes and first in the period of its attempted accomplishment. The second was but to turn into a new course the very same means which he had collected, & the very passions which he should have excited for the attainment of the first. And the last, was to have been at once the asylum of his despairing ambition, and the germ of new schemes, where it "hulld in grim repose expects its evening prey."
Take the principal points of the evidence as they have been disclosed during this examination, and see how they bear us out in these conclusions.
The examination of Gen. Eaton before the court, and in the presence of the very man whom he arraigned at the bar, establishes the truth of his deposition beyond the shadow of a doubt. "Let us wait to see Eaton confronted with Burr ," was the former cry of Burr 's friends. "Let us see what Eaton will dare to say before him, or whether Burr will dare to contradict him." Yet this important confrontation is over, and what is the issue of it? We have seen gen. Eaton standing in the very front of A. Burr , and under the flashes of that terrible eye which like Medusa 's head was to have turned him into stone; But we have seen Eaton rising with the spirit of conscious truth and re-echoing the same charges against A. Burr without hesitation, and without the slightest alarm. We have seen A. Burr , withering under the consciousness of his guilt, and his bleached countenance betraying the agitations of his soul. We have seen Eaton persecuted, by the cross questions of legal ingenuity, but we have seen him turning upon his assailants, and bearing them down, with the consistency and truth of his story. After this who can doubt, that Burr was just as discontented with his situation, and as sanguine and aspiring as Eaton had represented him; that so long as he was doubtful of Eaton 's dispositions for his purpose he amused him, with the tale of the Mexican project; but after having thus left the pulse of his virtue, after having thus attempted to ascertain, how far his temper was leavened enough to acquiesce in this lawless scheme of plunder, and believing at last that he was unprincipled enough for his purposes, that he then began to open to him his favorite and grander scheme of aggrandizement. He asked to him, of dismembering the union, of the sale with which he could separate the Western from the Eastern States, and the founders of a throne at Orleans. He did not reveal these ideas as if they had as if they had just been hatch'd, or as if they would be lightly relinquished. Far from it. He dwelt upon his means. He named individuals whom he had selected for his purpose, and he was prepared to answer every objection which he might be made to their accomplishment. As to this, who is there sceptic enough to doubt, that this man was at heart a traitor?
His interviews with Mr. Stoddert point to the same conclusion, though with this material difference: that while he manifested the same discontented spirit, and the same contempt for the weakness of the administration which he was afterwards forced to respect, and the same idle confidence in his own means and talents, he did not dare to avow Mr. Stoddert 's ear with the details of his plans. He did not deliberate New Orleans as the point where he should make his attack; he did not name the persons whom he had chosen for his accomplices, and he seemed to disclose his ideas not as if they were such as he meant to execute, but as those that might be successfully attempted by some daring genius. The reason of this distinction is obvious. He knew that Mr. Stoddert was a man of too much virtue, and of too little means to become an accomplice. Gen. Eaton , on the contrary, was young, he was bold, he had shown a military turn, and his virtues had not yet been probed by Burr .
At Pittsburgh, while he was on his route to the Western Country, and under the hospitable roof of the venerable George Morgan , he displays the same bent of mind. In truth, wherever he goes, he is defined like the snail to leave his slime behind him. It would seem impossible for the mind of man, when seriously bent on any favourite idea, to prevent its bursting forth in continued and indirect indications. Burr 's mind was full of war, of arms, of military achievement, and the diffusion of the flutes. And what were his conversations, and conduct? They were precisely such as might have been expected from this disposition. He could not see a strong man, without considering him as a soldier, and willing that he had a thousand such fellows. His conversation with the young Mr. Morgans before he reached their father's house, his conversations at and after dinner, breathe this predominant spirit. The same plans haunt him at midnight, and he defends at 11 at night with the candle in his hand to the chamber of old Mr. Morgan ; for what? Mr. Morgan 's ardent virtue stopped his communications, and prevents us from having the full benefit of the disclosure, but there is every reason to believe that his intention was to make the father an instrument in the ruin of his son, & exact from him his consent that this noble minded son should go along with him in his "unfathomable" project to the West. But why should we dwell upon such scenes as these? The whole air of his conversations, at Morgan 's, and next morning at Washington, was such as was calculated to draw down upon him the worst suspicions of all the Morgans , and to induce them to give the first information to government of his nefarious designs. The complaint Mr. Julian Depestre , may indeed deny all these things. But what weight should be given to that man's word, or vigilance of observation, who has to oppose the united testimony of the Morgans , or who upon being asked, whether New-York might not be taken with 500 men, could complacently bow assent?
Let us proceed another step in the investigation of this evidence. The next point where we are able to fix this wandering spirit is on Bleennerhasset 's island. Here it plays the same part; at least it may calculate the cause by its consequences. Three days after Burr leaves the island, Bleennerhasset publishes the Querist . Two circumstances are here calculated to blend Mr. Burr with the guilt or folly of these writings. 1st. That Bleennerhasset , the author, was the notorious accomplice of Burr , and 2dly, That the sentiments and very chain of arguments were so familiar to those which a witness had a short time before heard from the lips of col. Burr , that upon being asked who he supposed to be the author: he very fagely replied that Burr had had a hand in the ideas, and that Bleennerhasset had put them into style.
These writings speak for themselves. No man that reads the Querist can mistake the disposition or design with which they were composed. Writings which display to the people beyond the Alleghany, the imaginary disadvantages of a union with the Atlantic states, which attempt to shew them in how much better condition they would be placed under a government of their own, which persuade them that it is not only a natural right, but a right ingrained upon the constitution to provide for their own distinct welfare, whoever can mistake the temper of such writings as these from such men, & at such a time, might as well pretend to doubt whether the Declaration of Independence or Common Sense were calculated to promote the revolution of America. No man can doubt them, and no one can pretend to doubt but he who is an accomplice of Burr .
And here it is not improper to give all the weight which they deserve to Bleennerhasset 's sincere & repeated declarations. From the complex and uncertain code of the law, these declarations may not be received in a court of justice to bear against Burr , but common sense is enabled to recognize such an absurd distinction. There are sufficient reasons to satisfy any man, that Burr and Bleennerhasset were joint accomplices in a joint undertaking, and that however Burr may have imposed upon the credulity of Bleennerhasset in setting before him the extent of his means, that he fairly represented to him the nature of his plans. Let us then gather these plans from Bleennerhasset 's declarations, and what are they? Wherever he ventured to be the most frank, his schemes were of the grandest character.
It was not to settle the Ouachita land; nor was it to carry conquest to Mexico; but it was to seize the treasures and arms of Orleans, and by locking up that mouth of the Mississippi to produce a dissolution of the union and to establish an independent empire to the west of the Alleghany. And to whom were these declarations made? not to such men as Elijah Jones , not to men whom he knew to trust; but to such as the Hendershows , and to them too not in the sportive sallies of his mind; but in the solemnity of retirement, and after he had previously exacted from them a pledge of secrecy. With all that childish garrulity which has been ascribed to him, the simple Bleennerhasset could sometimes make distinctions. He was not so fortunate as Burr in always keeping himself concealed behind the curtain, but like him, he sometimes knew where to be silent. Like him, too, he sometimes mistook his man as he did in the case of the respectable Hendershows .
Combine with these circumstances Swartwout 's declaration to Gen. W. that there must be some seizing at N. Orleans; the discontented temper of many of the inhabitants of the city; their disposition for a change of government; and the number of friends whom he had there enlisted; recollect the aspiring genius of the man, his desperate fortunes and his vain hope

that the commander in chief and the army would join in with him, and it is impossible to resist the conviction that he would have seized New Orleans if he could. But where his exact plans we know not; but we may at least get at some of them, by which he might have flattered his course. He might have supposed that he had force enough to defend New Orleans. He might have passed Fort Mafac and the fort at Chickasaw Bluffs without much opposition. When arrived at New Orleans, he might have expected the aid of Wilkinson and army and of many and perhaps most of the inhabitants of that city.
His plan at this point, is not to be mistaken. If his force was large, if the army were sincere in his support; if the inhabitants of New Orleans were prompt and explicit in their attachment, Burr would have insured the business of rebellion. He would have invited adherents from all quarters. He would have looted the confiscated treasures of this city upon them, and perhaps he would have tried whether by locking up the mouth of the Mississippi, or restricting its navigation, he might not have forced the people of the upper country to have acquiesced in his usurpation. Such would probably have been his plan, or if these things had not turned out so favourable to his wishes, he would then have proceeded with his enterprising; collected arms, provisions and adherents, and attacked Mexico through a few points as Vera Cruz, or up the Red River. For he frequently contended during his trial that his boats were well fitted for going up the stream.
If such were Burr's plans, was not Burr a traitor at heart? But he did not commit the overt act, he was not guilty of levying war against the U. States. Perhaps it may be so, that even under this view of the subject, he saves his life at the expense of his reputation. He may still continue to breathe upon the earth; but what of that? like Cain, he has a mark, that lasts for ever.
We shall hereafter inquire in our discussions on the conduct of the Chief Justice, whether the overt act of levying war was committed at the mouth of Cumberland river. We certainly do not approve of the criterion which the Chief Justice has laid down on that point.
This mass of evidence is sufficient to convince us that the dismemberment of the union was the first and favorite object of A. Burr, and that he never would have looked on the conquest of Mexico, but in consequence of a fear that he should be disappointed. That object was the next nearest to his heart. The host of witnesses who were introduced have proved his attachment to this enterprise; but "this was one" by his advocates "which he would never have meditated but from the prospect of an approaching war with Spain; and never would have executed but in consequence of that war's taking place."
In this we agree with his advocates; that if he had been disappointed in seizing Orleans, and war had been declared by the United States against Spain, that he might then have attempted to turn his preparations into that channel. Perhaps they will agree with us in this; that if he had such an enterprise in view, the tottering state of our affairs with Spain was calculated to advance that object, by enlisting recruits in its service. But in this we join issue with his advocates; that if there had been no war from the U. States, he himself would have attempted to have waged it against Spain on his own account. His friends deny this position and point to the settlement of the Quachita as the ultimate object of his preparations. This last epithet indeed truly expresses our own opinion of his plans. Can any impartial man believe that he would have retired to the Quachita until he had executed all his other plans? Were his means adapted for agriculture or war? was his party composed of families or young men? Were they possessed of muskets and bayonets, or ploughshares and hoes? Were they provided with seed corn or dried meat? But why carry our questions further? Was the man who conducted them better calculated for a farmer or commander? Was the ardour of his desperate ambition to be sooner gratified in the bosom of retirement, and amidst the peaceful harvests of the field, or amidst the din of arms and by mowing off the heads of the Mexicans?
But if these presumptive reasons are not sufficient to remove every doubt, there are three direct facts which must be irresistible. Look at the declarations of Blennerhassett to Peter Taylor. Read the conversation of Comfort Tyler in Blennerhassett's Portico. Look at the testimony of Emanuel Henry who proves that Robert A. New, Burr's intimate friend and the only Virginian we are proud to say who was found under Burr's banner, did actually ridicule the idea of a Quachita settlement; said that it was a good idea to hold out to the world and that it seemed to go down very well.
The man who can resist this force of evidence, must have indeed inherited the soul of an anti-Sceptic.
And is the settlement of the Quachita completely out of the question? Did Mr. Burr never intend to visit his land? why then did he pay so much money to Col. Lynch for it? To this we reply that he did not pay much money to Col. Lynch as appears from his evidence, even admitting that there was a perfectly fair contract between them; and 2dly, that the veil which he purchased for his other enterprises was well worth the money which he paid for it, and 3dly, That had those enterprises succeeded, he might easily have repaid himself from the banks of Orleans or the mines of Mexico. We agree with his advocates in this, that Col. Burr would have retired to the Quachita as an asylum, but not until all his other schemes had been blasted. How long he would have remained there, is beyond our conjecture, but the probability is, that the Quachita would have been a germ and not the grave of his ambition, and that being thus planted in the wilderness between Mexico and Orleans, he would have called around him the most desperate and enterprising men from all quarters, and then struck such a blow as would have left him master of his means and his wishes. Thanks to the vigilance and energy of the government which has so far defeated his machinations!
Here let us pause. We shall hereafter pursue this subject in relation to this man's means, to the consequences which are likely to arise out of his conduct, and to the lesson which it should teach us.
Do not Bollman's confessions to the President amply confirm this idea.
WASHINGTON, Oct. 27.
It will be perceived by our Congressional Journal that the national legislature have assembled without the least delay. On Monday on counting the members of the House of Representatives, one hundred and seventeen were found to be present, and one delegate from the Mississippi territory. In the Senate twenty five members were present. Such a prompt and general attendance manifests the zeal and attention which may be expected from the new Congress.
It is with regret we learn that Mr. Mason, the former Speaker of the House of Representatives, is disabled from taking his seat in the House by a severe indisposition.
Congress.
HOUSE OF REPRESENTATIVES.
MONDAY, Oct. 26.
This being the day fixed by the Proclamation of the President of the U. S. for the meeting of Congress, a majority of the members of both Houses convened at the Capitol.
The assistant clerk of the House of Representatives having called over the names of the members, announced 117 members and one delegate to be present.
He then enquired if it were the pleasure of the House to proceed to the appointment of a Speaker, which being determined in the affirmative, the members proceeded to ballot for that officer, Messrs. Curtis, Helms and John Campbell being named tellers.
The tellers, after examining the votes, reported that 117 were received, and Joseph B. Varum, a representative from the state of Massachusetts, having 59 of them, was declared to be duly elected.
The votes were given as follows, viz:
Table with 2 columns: Name, Votes. Joseph B. Varum 59, John Dawson 4, Charles Goldsborough 17, John Smilie 2, Burwell Bassett 17, Benj. Talmadge 1, John Mather 8, Timothy Pickin 1, Thomas Blount 7, Roger Nelson, 1.
The Speaker being conducted to the chair, by Mr Van Cortlandt and Mr. Allison, addressed the House as follows:
Gentlemen of the House of Representatives, You will please to accept my most grateful acknowledgements for the honor which by the suffrages of my fellow members you have conferred upon me. I am sensible of my own inability to perform the important duties you have been pleased to assign me, in the most desirable manner; but relying on your candor and readiness to afford me your aid, I accept the trust. And be assured, gentlemen, that it will be my assiduous endeavor to discharge the duties of the office faithfully and impartially; and in a manner which in my opinion shall be best calculated to meet your wishes and afford me the consolation of an approving conscience.
The House next proceeded to the election of a Clerk. The same tellers which had been appointed on the former election having been named by the Speaker on this, the members proceeded to ballot. In the result of the votes, that of one of the members had, by mistake, voted twice, this being, after a few deliberatory remarks, was set aside, and a fresh one taken, the result of which was as follows:
Table with 2 columns: Name, Votes. J. W. King 16, Nicholas B. Vanzandt 14, Patrick Magruder 5, James Elliot 1. No person having a majority of votes, another balloting took place, the votes of which were, N. B. Vanzandt 52, W. Lambert 7, P. Magruder 28, T. Hansford 4, J. Elliot 15, C. Minifie 1, J. W. King 10.
A third balloting was about to take place, when Mr. Randolph rose, and observed that he never felt more reluctance in addressing the House than on the present occasion; but a sense of the duty which he owed to that body, and which he should always endeavor to fulfil to the best of his ability, impelled him to speak. He perceived among the candidates for the office of clerk of that House—a high and honorable trust—a person who came before him in such a shape, and under such circumstances, that were he to withhold the information, which he was about to give, from the House, and this person should be elected, he could not answer for the neglect. The person to whom he alluded had a plurality of votes on the last ballot. This person, the teller before the last, was Clerk in the office of Mr. Beall. There was an order of the House that the doors should be closed. The Clerk is a sworn officer, bound not to divulge the proceedings of the House on such occasions. He did his duty; but the assistant clerks did not perform theirs. They posted themselves at the gallery door, where, it was found, on examination, that every word could be as distinctly heard as on the floor of the House. These clerks heard the debates which took place, and the person to whom he alluded was one of them. Mr. R. said he had heard repeated some of the expressions which he had used in the House, before he reached his lodgings at George-Town. This person came to him afterwards and apologized for his conduct. Here Mr. Vanzandt (the clerk alluded to) making a motion of his head, signified that he dissent from the truth of this allegation. Mr. R. said he perceived that what he had said was contradicted, and he was about to sit down. The Speaker desired him to proceed. He said he must decline entering into a contest of this kind, and added only, that a person who was capable of violating his duty in a subordinate trust, certainly ought not to be elected to the important office in question.
Mr. Allison thought the House ought to adjourn in order to afford an opportunity of examining into this matter, and made a motion to this effect. This motion was negatived.
The propriety of postponing the appointment of a Clerk till to-morrow was suggested, in order that the House might proceed with other business. A motion made for this purpose was negatived.
The Speaker informed the House that he had received a letter from the person officiating as Clerk, which he was requested to lay before the House. The letter was read by the Speaker. It desired permission to be heard at the bar of the House, in order to disprove the assertions which had been made by the member from Virginia in respect to the writer's conduct at a former session.
Mr. Smilie hoped no order would be taken upon this letter. He thought the request to be heard at the bar of the House a very extraordinary one, and if listened to might form a dangerous precedent.
The House proceeded to another balloting for Clerk, the result of which was,
Table with 2 columns: Name, Votes. Patrick M. Gruder 52, James Elliot 27, Nicholas B. Vanzandt 16, Julius W. King 9, Theodorus Hansford 5, William Lambert 8. Fifty-nine votes being necessary to a choice, another balloting was immediately had, when Patrick Magruder was declared to be duly elected, he having 72 votes. The votes given to the other candidates were not announced.
The House then proceeded to the qualification of its members. The oath of office was administered to the Speaker by Mr. Van Cortlandt and the Speaker qualified the members and the clerk.
A message was received from the Senate, informing the House, that they had appointed Mr. Anderson and Mr. Bradley a committee to join a committee of that House, in waiting on the President of the U. S. to inform him that they were formed and ready to receive any communications which he might have to make to them.
On motion, a committee of the House of Representatives was agreed to be appointed to join the Committee from the Senate. The following gentlemen were named by the Speaker to form that committee, viz. Messrs. Bassett, Gadsborough, and Mather.
Mr. Randolph moved, that the rules of the last session be considered as the rules of the present session, until otherwise determined. Agreed to.
The House adjourned at about half past three till 11 o'clock to-morrow.
Tuesday, Oct. 27.
Mr. Bassett, from the committee appointed yesterday to wait upon the President of the U. S. to inform him Congress was formed and ready to receive any communication he might have to make to them, reported, that he would make a communication to the two Houses by message at 12 o'clock this day.
Accordingly at 12 o'clock the message of the President was delivered by his Secretary (a copy of which is inserted in to-day's paper) which, after being read, was committed to a committee of the whole House on the state of the Union, and 1000 copies ordered to be printed.
An election took place for a Sergeant at Arms, which, after two balloting, issued in favor of Thomas Dunn.
Thomas Claxton was appointed Door-Keeper without opposition, and Jesse Edwards, assistant Door-Keeper at the first ballot.
Mr. Dawson moved the appointment of the Standing Committees; but a difference of opinion arising whether they should be named by the Speaker as heretofore, or elected by ballot, the appointment was postponed till to-morrow. Further particulars of this day's proceedings will be given in the next National Intelligencer.
FATE OF PORTUGAL.
The detention of the Portuguese vessels by Bonaparte, seems ominous of much danger to the future independent existence of that nation. It cannot, with justice, be regarded as a measure of precaution, calculated to insure compliance with the demand of the French government to exclude British commerce from the Tagus. The enormous power of one party, when contrasted with the imbecility of the other, leaves no room to doubt of immediate and ready compliance with such a demand. We can only therefore suppose the measure intended to intimidate; that Portugal comes within the limits of those vast plans of territorial changes entertained by one enemy. Plans which, so far from being impeded by the hostility of other powers, have hitherto been most rapidly carried into effect during a state of warfare.
London paper.
It is a curious fact, that Great-Britain takes annually from Russia not less than 30,000 tons of tallow; 35,000 tons of hemp; 15,000 tons of flax; and 140,000 barrels of tar, besides iron, canvas, and other naval stores to a great amount. A like supply could not be procured from all the other nations in Europe. They could not supply her demands for a single month.
Captain Gardner, arrived at Baltimore, from La Guira, informs, that he was boarded off the Cape, by the ship of war Bellona, and had a DANE pressed; the boarding officer stated, that they had orders to press all DANES and SWEDES.
IMPORTANT REFLECTIONS.
We are forcibly impressed with the justice of the following observations on the temper of the times, extracted from a quarterly work, (The Edinburgh Review,) which was lately noticed by us with commendation. We have long been of opinion, that a fermenting spirit of discontent exists in the middle and lower classes of society, which is but too likely, at no very distant period, to explode. The observations in question, form a part of some masterly sketches on a weekly writer, whose sincerity lies in error, and who is confident only in virulence.
(Boston Gazette.) In his contempt for the Legislature, and his despair of public virtue or energy, Mr. Cobbett, we believe, has rather fell well than fashioned the impressions of those for whom his publications are intended. There is a very general spirit of discontent, distrust, and contempt for public characters, among the more intelligent and resolute portion of the inferior ranks of society. We can see, as well as Mr. Cobbett, the seeds of a revolution in the present aspect and temper of the nation; and though we look forward to it, we trust, with other feelings and other dispositions, we are not the less sensible of the hazard in which we are placed. We anticipate little from such an event, but general degradation and misery: we have stepped beyond the limits of our duty, to express our horror at the suggestion; and have constituted our feeble aid to resist or to undervise those who may have been misled by different anticipations. At the same time we cannot be blind to the tendency of public opinion; and are afraid that, in the event of any great emergency or disaster, no reasonings, and no motives of prudence, will be sufficient to uphold the established forms of the Constitution, unless some effort be made on the part of Public Men to wipe off the imputations which are now thrown upon their characters—to show that, in a great crisis, they can forget party and prejudice, and self-interest—and that they have either talents to form plans adequate to the emergency, and resolution to carry them into execution—or magnanimity to retire from a situation, to the duties of which they are unequal, and to give place to those, upon whose firmness and prudence and talents the nation can rely with assurance. We do not think that this would be done, by making Sir Francis Burdett, First Lord of the Treasury, and Mr. Horace Tooke Secretary for the Home Department. But much must be done, and more desired from—before they and their advocates are disarmed of their most effectual means of delusion."
From the Bordeaux Echo de Commerce, Aug. 29.
PARIS, Aug. 22, 1807.
"Yesterday the Corps Legislatif, was received by his majesty on the Throne, surrounded by the princes, ministers, grand officers, and officers of the household. The legislature were introduced to the audience by his excellency the grand master of ceremonies, and presented by his excellency the vice grand master."
Mons. Fontaines, the president, addressed the throne as follows: "Sire—The legislative body comes to deposit at the feet of the throne the address of thanks which it has voted unanimously, for the conqueror than the pacificator of Europe." (After noticing the splendour of the campaign) it proceeds:
"We turn now to spectacles more comforting—we prefer to follow you to the borders of that river, where, without hostile array, two barks bear two emperors, and with them, the destinies of the world! Memorabile! Memorable day! Day (unique!) alone in the history of all ages! Those two armies in presence of each other, contemplate with astonishment an interview so pacific, after combats so murderous—and suddenly 400,000 soldiers, Russians and Brazilians, Scythians and Sarmatians, Germans and French, throw down their arms, when the two greatest foreigners of the earth advance towards each other, to regulate themselves the fate of their empires, and present each other their hands in token of reconciliation. Alexander and Napoleon approach—war ceases to rage—and one hundred millions of men are in repose." "The future interests of Europe will depend on these august conferences, of which the young heir of the Czars was worthy."
Baltimore, October 24.
Arrived, the Happy Couple from Bourdeaux—We understand that the captain reports that batteries were erected by the Danes and French on both sides of the Great Belt, with the intention of acting against the British ships which guarded the passage, and that a French army of 50,000 men were ready to pass over to Zealand at the first opportunity, to compel the British to raise the siege of the Danish capital. Part of the subsidies of Copenhagen were reported to have been burnt by order of the Danish commander, Peyman. We find this corroborated in our Paris papers, by an article under the head of Kiel, August 21.
The captain is also represented to state, that Bonaparte had a conference with the King of Spain on the confines of his kingdom, and that the French army of 40,000 men, collected in the neighborhood of Bayonne, had marched for the reduction of Portugal.
The circumstance of there being no account of the surrender of Copenhagen at Bourdeaux on the 12th of September, when capt. Lovell, of the Happy Couple, left there, furnishes ground for belief that the capital of Denmark, did not yield on the 24th Aug.
We have received Paris papers to the 24th September. They do not contain any articles of news of much importance. The Argus gives the Moniteur of the Danish government, which we are only prevented from inserting by the fullness of our columns. It is dignified and firm, and presents the unprincipled outrage of Britain in full blacker colors than those in which it has been yet depicted. We shall insert it in our next number. Le Brun, a distinguished member of the Institute, and Portalis, minister of public worship, have lately died at Paris. A Frankfort article of the 27th of August says, that the emperor of Russia, in consequence of the conduct of the English, had given orders for all the men of war at Cronstadt to be immediately fitted out; that it was generally believed that Russia would espouse the interests of Denmark, and declare war against England; that Russia had invited Sweden to renounce her alliance with England, and that should she refuse to comply, a Russian army would enter Swedish Finland for the purpose of attacking that province.
Nat. Int.
Congress assembles on Monday next—Among the many important measures to be taken up, are the following:
1. The hostile conduct of G. B. in our own waters. 2. The situation of our impressed seamen in the British fleet. 3. The conduct of the British agents and emissaries among the Indian tribes. 4. Measures of defence. Among which may be considered— a. Regulations for the promotion of, and establishing resources for domestic manufactures. b. Laws for levying certain duties on articles of foreign import, which can be produced with proper encouragement in our own country. c. Laws appropriating adequate funds for the furnishing of ammunition, and suitable forces for an extensive and active defensive war. d. Appropriating for the furnishing 4000 pieces of brass artillery, with their carriages, harness, equipments, horses, &c. for flying artillery. e. Appropriating for 50,000 rifles. f. Appropriating for 50,000 fables, fuddles, bridles, and pairs of pistols for cavalry. g. Provisional authority to call into service the quotas of the several states for the several services. h. Laws providing for an alteration of the existing system of military discipline, & for adopting the system of defence to the modern improvements, in the art of war. i. Laws authorizing the executive on the commencement of hostilities to form a local staff or board for conducting the details of war, and for providing the necessary topographical charts and disciplinary instructions, rosters and forms for the various sections of the public force when called into actual service. k. Provisions for camp equipage and utensils for field works for 120,000 men.
These various duties will necessarily occupy the attention of congress soon after the opening of the session.
The relations with Great Britain, as they stand in reference to negotiation, will no doubt greatly influence the degree of preparation and the period at which the laws for making the preparation go into effective activity.
This preliminary knowledge will no doubt be in possession of congress either on the first recess or some subsequent communication of the executive.
Aurora.
The Hon. Samuel W. Dana, lately appointed to represent the state of Connecticut in the Senate of the U. States, has declined the appointment, and the Hon. Chauncy Goodrich has been appointed in his place.
FREDERICKSBURG, October 29.
Further Particulars respecting the Fire.
To those who are acquainted with this town and feel an interest in its welfare, and whose sympathy is excited towards its citizens by the late awful dispensation, which has reduced a great part of it to a heap of ruins, we have concurred it a duty to give the following particulars. The fire commenced at the only situation, perhaps, in the whole town, as the wind blew, capable of producing so immediate and of course so destructive effects. A small house which stood on the opposite side of the street and a ware-house occupied by Mr. William Taylor, immediately below the first house, were the next in flames, and from these it passed on the fourth side as far as Mr. Henderson's, destroying every building on the main street. Here it was happily arrested—had it communicated to Mr. Henderson's buildings the destruction of the main street, it is supposed, would have been inevitable. On the north side its ravages were unfortunately much greater, and comprehend every building from the late Mr. Roe's corner to Mr. Lear's inclusive, the next corner above Mrs. Heath's, both on the main and water streets, including forty-five dwelling houses, besides stores, ware-houses, &c.
The persons with families, who, in four short hours were driven from their habitations by this destructive element, to seek a shelter amongst their neighbours and friends, were—the late Mr. Wm. Stannard's, where the fire began, Messrs. John Crump, Geo. Cox, John Welch, Richard Garner, Wm. Porter, Richard Parish, David Smith, Charles Stewart, Jas. Sater, Wm. Wells, Samuel Davis, John Richards, Richard Coyle, John Gray, Adam Cooke, Walter Gregory, Mrs. Fisher, Leonard Adams, John Costkey, John Mark, Wm. Smock, Morgan Sweny, John Weddemeyer, John Lear, and many others not recognised, with several others of people of colour. The destruction of property was great indeed, some lost their all—The sympathy and benevolence of the citizens are excited to its utmost limits, and much
has been done and is still doing, for alleviating the distresses of the sufferers; and we trust the generous sentiment will be at least as extensive as the applications. Virg. Har.
October 27.
ANOTHER FIRE!!
Last evening about seven o'clock, we were again alarmed by that most awful of all sounds, the cry Fire! Fire! It proved to be in a large Warehouse and stable, owned by Capt. Robert Lewis, situated on the back street, about 60 yards to the westward of this office—Providentially the evening was unusually calm, and the building was confined without further damage.—Gerald Evans, a free man of colour, has been committed on suspicion of letting the stable on fire.
The British frigate Thames, and Diana, having on board seven millions of dollars, were, spoken on their passage from La Vera Cruz to London, the 1st of this month. Norfolk Ledger.
NORFOLK, October 27. The French frigate Le Ghibli, which has been lying at Craney-Island for many months, sailed for France on Sunday last. Herald.
GERARD BANKS.
HAS IT IN VIEW TO ESTABLISH A NEW SPAPER,
IN RICHMOND, TO BE PUBLISHED TWICE A WEEK:—THE TITLE—
THE VIRGINIAN.
THE EDITOR has been always attached to Republican principles. The present administration, in his view, is well calculated to ensure the happiness of the people; and any administration which may succeed, provided the same general course, will be supported. Foreign and domestic details will be noticed. Besides this, the public will, after time, be apprised of the affairs of the public administration, and particularly of the causes of the Bank; its managers, its influence, its defects and imperfections. The Antifederalists of this dangerous influence will be used; he espoused. This course will be pursued with a temper and firmness, which will yield neither to the blandishments of friends, nor the frowns of power. Stock-jobbing and Provocation, Twin Demons, will be exposed wherever they appear.
500 Subscribers at 5 Dols. for annum each, one half in advance, are necessary to the commencement of the Paper. RICHMOND, October 30. GERARD BANKS. esq.
ROYSTER & BOHANNAN.
Here just received a general assortment of GROCERIES.
—AMONGST WHICH ARE— TWELVE Hundred Bcks Liverpool Salt, 100 Bds W. India Rum, 10 do. N. England do, 10 do. Sherry, 10 do. Lisbon, 10 do. Malaga, 8 Bds. Teneriffe, 24 Bds. Sugar, 14 do. Leaf do, 50 boxes N. Y. Candles, 20 do. best yellow Soap, 100 reams wrapping Paper, 50 do. writing do, 200 Bbls Almonds by quantity, 12 boxes Chocolate, 50 crates well assorted, 12 boxes Glax Ware, 12 boxes Coffee, 30 tiers Whiskey, 10 chests Y. Hyson Tea, 10 do. Imperial do, 20 bags Coffee, 1 case Cutlery Ware, well assorted, Powder, Shot, Window Glass assorted, Copperas, Leiper's Snuff, Prunes, 50 boxes Spanish Segars, Muddled by box. ALSO—An assortment of Stone Ware; together with a number of other articles, which they will sell lower for Cash, country produce or good acceptances in town. October 30. Lawd.
FOR SALE,
FIFTEEN SHARES in the James River Company. Twenty do. in the Manchester Turnpike. ALSO—Virginia Land Warrants. THOMAS NORVELL, Lawd. October 30.
MAHOGANY & LOGWOOD.
For Sale, at public auction, on FRIDAY, the ninth day of November, at 2 o'clock: THE CARGO of the Brig George, Janus Cox master, a cargo of superior quality MAHOGANY & LOGWOOD in full lots to suit the purchaser. All funds under 300 dols. notes at 60 days, above 300 dols. 2, 4, and 6 months. Approved endorers will be required. JOHN COX, v. M. Esq. October 30.
TWENTY DOLLARS REWARD.
LOST OR STOLEN, THE LAST EVENING, A SMALL RED MOROCCO OVAL POCKET BOOK, containing about one hundred & eighty dollars in Bank Notes. Among which was a Cape Four Note of 100 dollars, dated Wilmington and signed by John Hooper, President of said Bank: Six ten dollar notes of the United States' Bank, and the rest of different Banks in Virginia. Whoever has found said Pocket Book and will deliver it to Mr. James S. Snithers, Eagle Tavern, full receive the thanks of the owner, the above reward, and no questions asked. Richmond, October 29. St.
FOUND,
On Monday last, in the Street, A VIRGINIA BANK NOTE of 20 dollars, Apply at the Office of the Enquirer. October 30. 2t.
HOUSES FOR SALE OR RENT.
THE Subscriber is authorised to Rent or Lease several commodious TENEMENTS on Shockoe Hill, belonging to Maj. Wm. DuVal, and to the estate of the late Gen. J. Wythe. Some of these Tenements are well calculated for stores, others for private dwellings. He wishes to sell or lease several valuable TENEMENTS in the neighbourhood of his late residence, the prices of which will be moderate and time given for the payment.—For particulars enquire of Mr. Wm. Dawson, or to WM. PRICE. Richmond, October 30. Lawd.
NEGROES FOR SALE.
By virtue of a Deed of Trust, executed to us by Edwin Land, in order to secure the payment of a certain sum of money therein mentioned, to Grief Truly: Will certainly be sold for cash, at the late court-house, on Thursday the 20th of November next, (it being court day) TWO NEGROES. JNO. T. LEIGH, THOS. PERKINSON, Esqrs. Amelia, Oct. 24. Lawd.
PRINTING. IN ALL ITS VARIETY, EXECUTED AT THE OFFICE OF THE ENQUIRER. A GENERAL ASSORTMENT OF BLANKS, FOR SALE AT THIS OFFICE.

Europe.
FROM THE LONDON MORNING CHRONICLE.
DIFFERENCES WITH AMERICA.
TO THE EDITOR.
Sir—Though the present difference between this country and America may not be of a very serious nature...
There are two points here to be considered:—1st, whether a nation whose seamen have gone over to another nation...
It may be proper here to observe, that in a question of right, whether it relates to sea or land, every nation must be considered as on a footing of perfect equality.
The question of abstract right then, lies in a very narrow compass. Natural justice is the same between individuals.
But a just right may be exercised in a very wrong manner; and the manner is here the chief consideration.
But it may be objected that this doctrine would go to overturn our right of search in every instance.
This writer assumes what is neither true in itself nor can be granted in argument in a qualified form.
We find that Great Britain acts upon these principles where it favors her, and only violates them where they are to her disadvantage.
and an odious method is justified by its necessity. But with regard to our seamen, the case is totally different.
The late attack on the American frigate, therefore, cannot be defended. That we had a right to have our seamen...
The situation of this country with regard to the ocean is unparalleled. If we were to sit quietly in our ports...
At a time when almost unexampled moderation is so peculiarly necessary, it is unfortunate that an act should have been committed...
Domestic.
Extract from the minutes of the trial at Halifax, of WARE, MARTIN, and STRACHAN, three of the crew taken from the Chesapeake.
Lieut. Dreighton of the Melampus sworn. Q. Do you know what the prisoners came into the service?
A. Yes—Wm. Ware and Daniel Martin were taken out of the American brig Neptune, in the Bay of Biscay...
John Strachan, born in Queen's county, state of Maryland, America—admits to the perfectly true what is stated of his entering for the Melampus...
VALUABLE PROPERTY FOR SALE. In pursuance of a Decree of the High Court of Chancery, for the Richmond District...
THAT commodious and well situated HOUSE & LOT, on the main-street in the city of Williamsburg...
THE COMMISSIONERS. Sept. 1. sawt29th 1awt18d Sept 4thd.
FOR SALE. THE TRACT OF LAND whereon I now live, containing two hundred and forty-one acres...
JOHN FORE. P.S. There is no doubt but there is Coal on the aforesaid Lands, as a great lign has been discovered.
LOST. THE SCRIP for one share of the Stock of the Bank of Virginia, in the name of the subscriber...
TWENTY DOLLARS REWARD. Ran away from the subscriber on the eleventh of this month, LIKELY Negro Man, named DAVID...
CHRISTOPHER ROBINSON. Cumberland county, Oct. 23. oaw4w5.
THE SUBSCRIBER RESPECTFULLY thanks those who have hitherto favored him with the tuition of their sons...
TO BE SOLD. At Hanover Court-House, on the 4th Wednesday in November next...
A TRACT OF LAND, belonging to the estate of the said dec'd, containing between 5 and 600 acres...
WILL BE SOLD. To the highest bidder, on Wednesday the 2d day of December next...
TWENTY-FIVE NEGROES, on a credit of one, two and three years. The above Negroes are uncommonly valuable...
FOR RENT. And possession given Christmas next for a term not less than three nor more than seven years.
MY TAVERN and the plantation thereunto adjoining, in the county of Mecklenburg, about one mile from Lady Skipwith's...
NOTICE. ALL persons having claims against the estate of John Sandridge, deceased, are requested to bring them forward...
NOTICE. A PETITION will be presented to the next General Assembly of the Commonwealth of Virginia...
WILL BE SOLD. By the subscriber, at Public Auction, on Monday the 2d day of November next...
THE SALE of the above PROPERTY, is postponed 'till Wednesday the 4th day of November.
THE RENTING the above two-thirds of LAND, is postponed 'till Wednesday the 4th day of November.
FALL GOODS. TOMPKINS & MURRAY, Are now opening in the House opposite the Post-Office...
CLOTHS, Cashmers, Toilets and Hats, all of a very superior quality. Also: an elegant assortment of Fashionable Robes, Muffs, Laces, &c.
WANTED, FOR THE ENSUING YEAR, AN OVERSEER—None need apply but one who can come well recommended for honesty, sobriety, industry...
DRUMS, Fifes, Swords, Belts, Nots, Epaulettes, Stock and Cocksacks, to be had at Esau Salivan's Jewelry Store.
At a Court held for Henrico County, at the Court-House, the ninth day of September, 1807.
Joseph Wheatly & Company, Compts. against George Duncan and Lazarus Joseph, Defts.
A Copy. Teste. Sept. 22. ADAM CRAIG, c. c. ep2m.
FALL GOODS. KIRBY, DRAKE & TAYLOR, Are now receiving by the ship Rolla from London...
TWENTY DOLLARS REWARD, Will be given to any person, who will deliver to me, in the County of Orange...
FALL GOODS. RICHARD BROOKE, Has just received an elegant assortment of GOODS...
WILLIAM TEMPLE, Has received by the ship Hensbell from Liverpool...
THE SUBSCRIBERS HAVE JUST RECEIVED A SUPPLY OF COLOGNE MILL-STONES...
WILLIAMSBURG RACES. On Wednesday, the eleventh day of November next...
THE JOCKEY CLUB PURSE of four hundred dollars, four mile heats. On the second day, the PROPRIETOR'S PURSE...
THE JOCKEY CLUB PURSE of four hundred dollars, four mile heats. On the third day, an elegant Saddle, Bridle, Whip and Spurs...
THE JOCKEY CLUB PURSE of four hundred dollars, four mile heats. On the fourth day, a Sweepstakes for Mules...
WILLIAM MURPHY, Trustee. Sept. 12. eptl.
RICHMOND TURNPIKE COMPANY. At a meeting of the Directors of the said Company, on Saturday the 10th of October, 1807...
NOTICE IS HEREBY GIVEN, THAT a PETITION will be presented to the next Virginia Assembly...
JUST RECEIVED, A GENERAL ASSORTMENT OF DUTCH BOLTING CLOTHS, OF SUPERIOR QUALITY.
FOR SALE BY J. DARMEDATT. October 23. d
EDUCATION. A PERSON who for many years has been engaged as an instructor of Youth, wishes to undertake the same line of business...
Land in the State of Ohio FOR SALE. THE subscriber wishes to sell a Valuable Tract of LAND, in the State of Ohio...
RAN AWAY on Saturday last, a bright mulatto man named HARRY JACKSON, about 25 years old...
JOHN ALCOCK, Informs his friends and the public at large, that he has just received, and is now opening, next door to Messrs. Proffer and Monroe's warehouse...
WILL BE SOLD, At Public Auction, on the 12th day of December next, at the door of the Eagle Tavern...
FOR SALE. THE subscriber is desirous of selling his PROPERTY in this City.
SAMUEL MYERS, Has removed his Counting-Room to the Brick Warehouse fronting the Basin...
NOTICE IS HEREBY GIVEN, THAT a PETITION will be presented to the next Virginia Assembly...
NOTICE IS HEREBY GIVEN, THAT the said Common Hall will proceed, at the next monthly meeting...
NOTICE IS HEREBY GIVEN, THAT the said Common Hall will proceed, at the next monthly meeting...
NOTICE IS HEREBY GIVEN, THAT the said Common Hall will proceed, at the next monthly meeting...
NOTICE IS HEREBY GIVEN, THAT the said Common Hall will proceed, at the next monthly meeting...
NOTICE IS HEREBY GIVEN, THAT the said Common Hall will proceed, at the next monthly meeting...
NOTICE IS HEREBY GIVEN, THAT the said Common Hall will proceed, at the next monthly meeting...
NOTICE IS HEREBY GIVEN, THAT the said Common Hall will proceed, at the next monthly meeting...