Virginia Argus (Richmond, Va.), 1807-02-10 00:00:00

VIRGINIA ARGUS
[XIVth YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1337.]
RICHMOND:—PRINTED (ON TUESDAYS AND FRIDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum—paid in Advance.]
TUESDAY, FEBRUARY 10, 1807.
[12 1-2 Cents Single.]
RICHMOND PRICE CURRENT.
   CORRECTED WEEKLY.     TOBACCO, $ 6 00 CASH.   WHEAT, 1 17 do.   FLOUR, superfine, 6 50 do.   FLOUR, fine, 6 00 do.   CORN, 5 00 do.   HENP, clean, (per ton) 186 67 do.   IRON, 120 00 do.   BACON, none. 00 do.   PORK, 6 00 do.   WHISKEY, 54 do.  
Sales at Auction.
On Friday the 13th instant, at the Office of the subscribers, will be SOLD, for the benefit of the creditors of Mr. George Greenhow, all his
STOCK of GOODS,
Consisting of a general assortment of Hardware and Cutlery, and of Cloths, Casimires, Coatings, worsted and cotton Hose, Manchester Stuffs, Dimities, Wildbore, Durants, &c. &c. &c. &c.
Six months credit will be allowed on all purchases exceeding $50, for which negotiable notes with approved endorsers will be required.
TAYLOR & BROWN, Trustees For the Creditors of George Greenhow. Feb. 4, 1807.
By virtue of a deed of trust executed to us by Thomas Randolph of Amelia, to secure a debt to Randolph Harrison, William Skipwith and William Randolph, to which they have become responsible as securities of the said Thomas Randolph to Gaines Goode—We the subscribers, will sell, to the highest bidder, on credit till the first day of next January, at the dwelling house of the said Thomas Randolph, on Monday the 16th day of February next, all the CORN on the said plantation, together with all the STOCK of CATTLE, SHEEP and HOGS; also four MULES & one black COLT. Bond and approved security will be required of the purchasers with interest from the day of sale, but if punctual payment is made the interest will be remitted.
William Bradley, John G. Daniel.
January 26th, 1807. tds
Notice.
THE creditors of Henry McClatchy, are requested to lodge their claims properly authenticated, with either of the subscribers, on or before the first of next month, as on Tuesday the 10th, prox. a final dividend of the estate will be made, by
THOS. GILLIAM, } Trustees. ALLAN POLLOCK, }
Feb. 6, 1807. tdm
THE FAMOUS IMPORTED HORSE, CITIZEN, Remarkable for his uncommon beauty and great strength; fifteen hands one inch high, so highly celebrated for his own, as well as his colts' bottom, will stand the ensuing season at my stable in Chesterfield county. The terms will be made known in due time.
THOMAS GOODE. Jan. 23th, 1807. tf
For Sale.
AT Cumberland Court, on the 23d day of the present month, being court day, the subscriber will offer to the highest bidder, for cash,
30 1-2 Acres of Land,
Lying half a mile below the courthouse, on the Buckingham road, and immediately opposite the tenement lately occupied by Samuel Adams; this tract was sold by me some time past as trustee to a deed executed by the Messrs. Deanes, to Joseph Gallego, esq. upon condition that no deed would be executed until the payment of the purchase money was made. Mr. Adams became the purchaser, and being unable to comply, and anxious to discharge the said debt, has requested me by a power duly executed on the 24th day of December last, to sell the same, and the proceeds in the first place to apply to the discharge of a bond now due, of his to the said Gallego, and the balance after deducting the necessary expenses, to place to the credit of a judgment in the county court of Powhatan, Gallego vs. Adams and others. Mr. E. W. Trent is authorised by me to attend to this business. M. B. POTTER. Feb. 5th, 1807. tds
Just received and for sale at this Office, War in Disguise
Answer to War in Disguise An enquiry into the present state of the origin Relations of the union, &c. &c. The Literary Magazine and American Register, for October, 1806 The History of Napoleon Bonaparte, Emperor of the French The Revolutionary Pictarch, or Memoirs of the Bonaparte Family Carr's Stranger in Iceland, Stranger in Russia, and Northern Summer.
Lesueur & Saunders
Are now receiving and will constantly keep a large supply of
Bar-Iron & Castings,
Of superior quality.
Feb. 2d, 1807. tf
LANDS for SALE.
THE Subscriber will dispose of TWO SMALL
Tracts of Land,
in Powhatan county, detached from the one on which he lives, upon very reasonable terms:—One of them containing four hundred and twenty acres, lies immediately in the fork of the North & South branches of Fine Creek, partaking of the flat land of both, to the amount of about thirty acres.—This land is rich; above one half is in woods; and mostly of that of the first rate tobacco land. About one hundred and twenty acres of that which is cleared, is now under cultivation and produces Corn and Wheat uncommonly well. There is on this tract, a comfortable Dwelling-House, lately built, two rooms below and two above, with a fire-place in each room, also some Negro Houses, and other convenient out Houses. Possession may be had next fall, with the privilege of sowing wheat thereon in proper time. Any person inclined to view the land, may have it shown to them by Capt. LITTLEBERRY STOWALL, who is living on the premises.—Part of the money will be required in hand, and the balance in twelve months from this date.
The other TRACT lies near the Buckingham road, on the North side, about four miles below the courthouse; known by the name of TOWN HILL; and possesses the most beautiful and elevated site in the lower county, presenting to the view several ranges of mountains. This place, from its situation, was never known to fail of fruit; besides, a number of Old Fruit Trees of various kinds—there is lately planted thereon, an Orchard of Peach Trees, and another of Apple of choice Fruit. This tract, contains two hundred and seventy acres, about one half in woods, has a comfortable Dwelling-House thereon, two rooms below and two above, with a fire-place in each room below. This land is no less valuable for its fertility, than for its healthy and delightful situation, and the advantage of Fruit. A great bargain may be had in this tract on the same terms of the other.—This land will be shown to any person by Mr. SLEAP, living on the premises.
If these tracts of Land, are not sold before April Powhatan court, they will be offered for Sale, to the highest bidder, when the terms will be particularly made known. W. BENTLEY. Powhatan county, Jan. 20th, 1807. tf
Lost.
ON Tuesday night the 27th ult. a BOND, on Nelson Flournoy, with Daniel Flournoy, security, dated 14th December, 1805, for £72 8, due 14th December, 1806, payable to John Laprade, ex'r of Martha Laprade.—Also, two five dollar Bank Notes. The said Nelson Flournoy is hereby forewarned paying the said bond to any but the subscriber; and any person delivering the bond and notes to him, living in Chesterfield county, shall receive Five Dollars reward. JOHN LAPRADE. Feb. 3, 1807. 3t5
Notice.
ALL persons having claims against the estate of the late Richeson Booker, of the county of Amelia, are requested to bring them forward properly authenticated, in order that they may be paid.—And those that are indebted to the said estate, are desired to make immediate payment, as no indulgence will be given. This notice will be plead in bar against all debts that are not brought forward by the first day of May next. FRANCIS ANDERSON, Ex'r. Amelia, February 3d 1807. w2H
THE LADIES' AND GENTLEMEN'S POCKET ALMANAC, FOR 1807,
IS JUST RECEIVED & FOR SALE AT THIS OFFICE.
The Ladies' Book Contains, An Almanac, ruled pages for memorandums, observations and engagements, also for monies received, paid or lent, for every day in the year, select pieces in prose and poetry, new & celebrated songs, a marketing table and several useful tables.
The Gentlemen's Book Contains, An Almanac, ruled pages for memorandums, and cash accounts. Government of the United States, Executive, Legislative and Judiciary, Commissioners of Loans and Agents for Invalid Pensions, Federal courts of Law, Departments of the Federal Government, Land Officers, Patents, Ministers, Consuls, &c. to and from foreign nations, Military establishment, Table of the pay and subsistence of officers, of the Navy, List of officers of the Navy, Marine corps, Navy agents, Navy yard at Washington, List of the whole naval force of the United States, Duties payable by law, extract from non-importation act, list of officers of the Customs, Light Houses, several useful tables. December 24.
Blank Bills of Lading For sale here
CONGRESS.
HOUSE OF REPRESENTATIVES
MONDAY, JAN. 26.
DEBATE.
In the House of Representatives on the bill to suspend the privilege of the writ of Habeas Corpus, for a limited time in certain cases.
(CONTINUED.)
MR. EPES. When I feel a decided hostility to a principle it is not essential to me in what form I meet it. Decidedly opposed to the principle of this bill, I shall vote against it in all its stages, and cannot but hope that the motion of my colleague to reject it will prevail. By this bill we are called upon to exercise one of the most important powers vested in Congress by the constitution of the U. S. A power which suspends the personal rights of your citizens, which places their liberty wholly under the will; not of the executive magistrate only, but of his inferior officers. Of the importance of this power, of the caution which ought to be employed in its exercise, the words of the constitution afford irresistible evidence. The words of the constitution are "The privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it." The wording of this clause of the constitution deserves peculiar attention. It is not in every case of invasion, nor in every case of rebellion, that the exercise of this power by Congress can be justified under the words of the constitution. The words of the constitution confine the exercise of this power exclusively to cases of rebellion, or invasion where the public safety requires it. In carrying into effect most of the important powers of Congress, something is left for the exercise of its discretion. We raise armies when in our opinion armies are necessary. We may call forth the militia to suppress insurrection or repel invasion when we consider this measure necessary. But we can only suspend the privilege of the habeas corpus "when in cases of rebellion or invasion the public safety requires it." Well indeed may this caution have been used as to the exercise of this important power. It is in a free country the most tremendous power which can be placed in the hands of a legislative body. It suspends at once the chartered rights of the community, and places even those who are the act under military despotism. The constitution however having vested this power in Congress, and a branch of the legislature having thought its exercise necessary, it remains for us to enquire whether the present situation of our country authorises on our part a resort to this extraordinary measure.
The enquiry is confined within very narrow limits. The power can only be exercised under the constitution "when in cases of rebellion or invasion the public safety may require it." Our country is not invaded. We have only therefore to enquire whether there exists in this country a rebellion? And whether the public safety requires a suspension of the habeas corpus. Of the existence of the rebellion or combination against the authority of the U. S. there can be no doubt. As we have on our table a detailed account of its origin and progress. I shall confine my observations solely to the latter part, whether the public safety requires a suspension of the habeas corpus for its suppression. In the communication now on our table from the executive, we have been informed it is at the militia of Ohio, Kentucky, Tennessee, of the Mississippi and Orleans territories, have been ordered out. That general Wilkinson was at Orleans on the 10th of December with his troops from the Sabine, which from other information we know to consist of one thousand effective men. These are the resources of the nation now in active operation. What is the force of the conspirators? By the same document we are informed that some boats, accounts vary from five to double or treble that number, and persons differently estimated from one to three hundred, had passed the falls of Ohio to rendezvous at the mouth of Cumberland river, with others expected down that river. From the same document it appears that the force which comes down Cumberland river amounts to two boats, in one of which is Aaron Burr. From this statement it appears that the largest circulation as to the actual force of the conspirators, is three hundred. But when we know the propensity of human nature to magnify accounts of this kind, we may fairly infer that the whole force does not exceed one hundred and fifty men. To oppose which we have one thousand regular troops and the militia of Ohio, Kentucky, Tennessee, of the Mississippi and Orleans territories. Is there a man present who believes (on this statement) that the public safety requires a suspension of the habeas corpus? This government has now been in operation thirty years—during this whole period our political charter whatever shocks it may have sustained has never been suspended. Never under this government has personal liberty been held at the will of a single individual. Shall we in the full tide of prosperity, possessed of the confidence of the nation, with a revenue of fifteen millions of dollars and six hundred thousand freemen able and ready to bear arms in defence of their country, believe its safety endangered by a collection of men which the militia of any one county in our country would be amply sufficient to subdue. Shall we, sir, suspend the chartered rights of the community for the suppression of a few desperadoes—a small banditti already surrounded by your troops—pressed from above by your militia—met below by your regulars, and without a chance of escape but by abandoning their boats and seeking safety in the woods. I consider the means at present in operation amply sufficient for the suppression of this combination. If additional means were necessary I should be willing to vote as many additional bayonets as shall be necessary for every traitor. I cannot, however, bring myself to believe that this country is placed in such a dreadful situation as to authorise me to suspend the personal rights of the citizen, and to give him in lieu of a free constitution the executive will for his charter. I consider the provision in the constitution for suspending the habeas corpus as designed only for occasions of great national danger. Like the power of creating a dictator in ancient Rome, it prostrates the rights of your citizens and endangers public liberty. Like that it may on some very extraordinary occasions prove salutary, but like that it ought never to be resorted to but in cases of absolute necessity, or to use the emphatic language of the constitution "when the public safety requires it." Believing that the public safety is not endangered, and that the discussion of this question is calculated to alarm the public mind at a time when no real danger exists, I shall vote for the rejection of the bill in its present stage.
MR. VARNUM said if he was of opinion with the gentlemen from Vermont and Virginia, he should vote for the rejection of this bill; but he entertained a different opinion, and unless he heard something to change it, he should vote differently from them. He did not believe the constitution restricted the power of the government to suspend the privilege of the writ of habeas corpus to cases where the country was shaken to its centre. There were no expressions in it to justify this inference. Its terms are "The privilege of the writ of habeas corpus shall not be suspended, except when in cases of invasion or rebellion the public safety shall require it." Will gentlemen deny that there exist in the U. S. at present a rebellion? I presume not, said Mr. V. it is too notorious to admit of doubt. Will they deny that the conspiracy has been formed with deliberation, and has existed for a long time? Is it not evident that it has become very extensive? If then this is the case, and the head of the conspiracy has said that he is aided by a foreign power; if this is true, are we justified in considering the country in a perfect state of safety until it is brought to a close? I conceive not. I consider the country in a degree in a state of insecurity. and if so, the power is vested in the Congress of the U. S. under the constitution, to suspend the writ of habeas corpus. I am also apprehensive that we shall not be able to trace the conspiracy to its source without such a suspension. We have had an instance in which the head of the conspiracy has been brought before a court of justice and where nothing has been brought against him. It is not my wish to insinuate that any court or public functionary is contaminated by this conspiracy; yet it is possible, that this may be the case, and the very existence of the conspiracy must depend on tracing it to its source. I am not disposed to advocate sanguinary punishments, but I think they ought to be exemplary in regard to the chiefs of the conspiracy; for which purpose we ought to adopt those measures which will lead to a full discovery of those concerned in it. I am sensible that the government of the U. S. has not hitherto resorted to this measure; but I know a particular state of the union who did consider the measure necessary, in the case of an insurrection which occurred within her limits, and I think it very doubtful whether that insurrection would have so happily closed, if it had not been for her suspension of the writ of habeas corpus. Have we had any insurrection or rebellion in the United States like this? We have had one insurrection in Massachusetts, but whence did it arise? Not from a design to subvert the government, but from the burthen of taxes—taxes which perhaps exceeded those laid in any country since the formation of society. I do not mean by these observations, by any means to justify that insurrection, and I believe, from the circumstances with which I am acquainted, that the insurrection which took place in Pennsylvania did not go to the subversion of the government. But let us look at this conspiracy. While the nation from one extreme to the other enjoys a degree of prosperity and happiness unparalleled in any other nation, and not a single individual within our limits has any reason to complain of oppression, an insurrection is fomented, subversive of the government and destructive of the rights of the people. It appears to me that this insurrection is the most aggravating of all insurrections which history gives us an account of. There is not the least oppression or the least pressure of circumstances to induce any individual to rise up against the government of his country; and it consequently betrays the greatest turpitude of mind in those who either lead or unite in it. For these reasons I think it ought to be traced to its source, and I think it very doubtful whether this can be effected, without in the first instance suspending the habeas corpus. Will gentlemen say that any innocent man will have a finger laid upon him, should this law pass? No—there is no probability of it—it is scarcely possible. But even if it be possible, if the public good requires the suspension of this privilege, every man attached to the
government and to the liberty he enjoys will be surely willing to submit to this inconvenience for a time, in order to secure the public happiness. The suspension only applies to particular crimes, the liberties of the people will not therefore be touched. I do think a great responsibility will rest on this branch of the legislature in case they refuse to pass this act. Suppose the head of this conspiracy shall be taken, in a district of country where no evidence exists of the crime charged to him, and he shall consequently be set at liberty by the tribunals of justice—where will the responsibility rest but upon this branch of the legislature? It is too great for me as an individual member to bear. I shall therefore vote for this bill under the impression that it will not have the injurious effects that some gentlemen seem to apprehend, and that it will only more effectually consign the guilty into the hands of justice.
MR. R. NELSON. As the motion to reject the bill meets my most hearty approbation, and as I consider it involving a great national question, I cannot reconcile it to my duty to give a silent vote on it. I shall however, in order to avoid an unnecessary consumption of the time of the House, offer my remarks in as concise a compass as possible. I shall first consider the nature of the writ of habeas corpus; afterwards examine its effects, not only on the individual, but on the community at large, taking into view the mode of proceeding under it, to show, as I conceive, that no danger can ensue, on the refusal to pass this bill.
What is a writ of habeas corpus? It is a writ directing a certain person in custody to be brought before a tribunal of justice, to enquire into the legality of his confinement. If the judge is of opinion that the confinement is illegal, the person will of course be discharged; if on the contrary from the evidence, he shall be of opinion that there is sufficient grounds to suspect that he is guilty of some offence, he will not be discharged. Now to me it appears that this is a proper and necessary power to be vested in our judges, and that a suspension of the writ of habeas corpus is in all cases improper. If a man is taken up, and is denied an examination before a judge or a court, he may, although innocent in this case, continue to suffer confinement. This in my opinion is dangerous to the liberty of the citizen. He may be taken up on vague suspicion or may not have his case examined for months, or even for years. Would not this bear hard upon the rights of the citizen?
Let us turn over leaf, and see how the government stands. If the person accused is legally committed, or if it shall be proved that he had committed any offence, the judge will say that he shall not be released. If he has committed an offence there can be no grounds for this suspension because without such suspension he will not be discharged because it does not follow that inasmuch as a man has a right to demand that he be brought before a judge by a writ of habeas corpus, he shall therefore be discharged. He is only bound to examine him, and if he finds there is strong reason to believe he has committed a crime, he may remand him to confinement.
This is a writ of right, which ought to exist under all governments on earth. What right? The right of being examined by the tribunals of his country, to determine whether there is any ground for the deprivation of his liberty. Is this a right which ought to be suspended merely to gratify the apprehensions of gentlemen? I think not. The framers of the constitution have said "The privilege of the writ of habeas corpus shall not be suspended, except when in cases of invasion or rebellion the public safety shall require it." Well, but says the gentleman from Mass. can any one deny that this is a rebellion? It may perhaps be, but I think it does not deserve the name of a rebellion—it is a little, petty, trifling contemptible thing led on by a desperate man, at the head of a few desperate followers—a thing which might have been dangerous, if the virtue of the people had not arrested and destroyed it. But admit that it is a rebellion. Will every rebellion justify a suspension of the writ of habeas corpus. The constitution says "The privilege of the writ of habeas corpus shall not be suspended, except when in cases of invasion or rebellion the public safety shall require it." Does then the public safety require this suspension? Does the constitution require it? And under present circumstances confining a man in prison without a cause—There is no danger, the enemy is not at our door—there is no invasion—and yet we are called upon to suspend the writ of habeas corpus. This precedent, let me tell gentlemen, may be a ruinous, may be a most damnable precedent—a precedent which hereafter may be most flagrantly abused. The executive may wish to make use of more energetic measures than the established laws of the land enable him to do—he will resort to this as a precedent, and this important privilege will be suspended at the smallest appearance of danger. The effect will be that whenever a man is the head of our affairs, who wishes to oppress or wreak his vengeance on those who are opposed to him, he will fly to this as a precedent—it will truly be a precedent fraught with the greatest danger—a precedent which ought not to be set except in a case of the greatest necessity—indeed I can hardly contemplate a c. s. in which in my opinion it can be necessary. In my opinion this is a measure which ought never to be proposed unless when the country is so corrupt that we cannot even trust the judges themselves. This I consider the cause of the frequent suspen-

tion of this privilege in England. Wherever the whole mass of society becomes contaminated and the officers of the judicial court are so far corrupted as to countenance rebellion and release rebels from their confinement, it may be then time to say they shall no longer remain in your hands—we will take them from you. But I apprehend there is no such danger here, and I repeat it, we are at once creating one of the most dangerous precedents and passing one of the most unjust acts that was ever proposed.
(Debate to be continued.)
MASSACHUSETTS' LEGISLATURE.
SENATE, January 22, 1807.
Agreeably to assignment, the Senate went into committee of the whole, Hon. Mr. Hastings, in the Chair, on the ADDRESS to the President of the United States, reported by the Committee on the subject. After debate, the question to accept the reported draft, was carried 21 to 15—The Committee then rose; and the President resumed the chair, when after debate, the question to accept the report of the committee of the whole, passed Yeas 21, Nays 15.
HOUSE OF REPRESENTATIVES.
ADDRESS TO THE PRESIDENT.
Agreeably to assignment, at 11 o'clock, the house took into consideration the Address to the President of the United States, as it came down from the Senate, and after a very lengthy and animated debate, which continued till after 4 o'clock, P. M. the question of concurrence was taken by Yeas and Nays—when there appeared 175 Yeas, and 105 Nays—Republican majority of seventy.
The late hour at which the question was taken, necessarily obliges us to defer publishing the names of the members on this interesting question till Thursday.
A proper decorum also prevents the publication of the Address, until after it is on its way to the seat of government.
(Chronicle.)
LEGISLATURE OF GEORGIA.
IN THE HOUSE OF REPRESENTATIVES.
Saturday, Dec. 6th, 1806.
On motion, unanimously resolved, That this Legislature composed of the immediate representatives of the people, by them elected to declare their will, viewing the blessings and distinguished political benefits derived in a state and national capacity, from the impartial, wise, and judicious administration of Thomas Jefferson, President of the United States, embrace this opportunity of expressing their full and entire confidence and approbation of his official conduct.
At the present momentous crisis, when the civilized nations of the Old world, to whom we are bound by the ties of interest or political friendship, are convulsed, and either engaged in the prosecution of destructive wars, or forming coalitions which threaten the destruction of nations and dynasties; it is of the utmost importance that our political barque should be directed by the hand of a master, in whose integrity, discretion and wisdom, the people of these United States, can with safety rely. We therefore in the name of the people of Georgia, request that Thomas Jefferson will devote four years more of his life to the service of his country, in order more permanently to establish those principles of political liberty, which is the boast and glory of Republican America.
Resolved unanimously, That his excellency the governor, do, without delay, transmit a copy of these resolutions to our members in Congress, by them to be presented to our fellow citizen, Thomas Jefferson.
BEN. WHITAKER, Speaker.
A true copy from the journal,
Attest,
HINES HOLT, Clerk.
Read and concurred in unanimously.
EDWARD TELFAIR,
President of the Senate.
WILLIAM ROBERTSON,
Secretary.
EXECUTIVE DEPARTMENT, (Geo.)
Louisville, Dec. 6th, 1806.
Presented, read, and approved of,
JARED IRWIN, Gov.
Teste,
JAMES BOZEMAN, Sec.
BALTIMORE, Feb. 3.
Judge, alias Thompson, apprehended some time ago for forgery, on the Bank of Baltimore, we understand received his sentence on Saturday last; seven years employment on the public roads. It is stated that he pleads guilty.
February 4.
AMERICA & GREAT-BRITAIN.
We are credibly informed, that the arrival of Mr. Monroe, is daily expected by government. It is said that our treaty with Great Britain has been amicably concluded—that this happy result was produced by a spirit of conciliation, and by mutual concessions.—Fed. Gaz.
WASHINGTON CITY, Feb. 2.
Extract of a letter from a gentleman in Paris, Kentucky, to a member of Congress, dated 3d January, 1807.
"An act has passed to prevent unlawful warlike enterprises, designed to prevent the expedition of col. Burr. After the arrival of the President's proclamation, J. H. Davies having gone to the falls, discovered Burr's flotilla in motion, and at the Rapids a number of boxes were put on board in their size and shape resembling such as usually contain musketry and cartridges. Some things were also put on board resembling artillery. He wrote an official communication to the governor containing the intelligence, which with a letter from the Secretary of War was inclosed in a confidential message to the House of Representatives, who were immediately engaged part of three days with closed doors. During that time we passed the law last mentioned. This proceeding on account of its secrecy in this country, created a great agitation in the public mind. Mr. Graham, the Secretary of Orleans, was examined
before us in a committee of the whole, with closed doors. Parties of militia were immediately posted, by order of the governor, above Limestone, at Louisville and in Livingston county. From all the information we could collect (as the injunction of secrecy is removed) the following facts appear certain: That some agent near Pittsburgh, Blennerhasset at Marietta, Comfort Tyler from the Eastward, some influential person in Georgia, two men in this state (their names unknown) have conspired with Burr, each to raise a certain quota of men, armed with arms, to descend the river at a fixed period, on some extraordinary enterprise; but their real object is to us unknown, and their destination yet enveloped in obscurity. Conjectures are various; some say Orleans, others Mexico is the scene of action."
Extract of a letter to a member of Congress, from Limestone county, Kentucky, Jan. 8, 1807.
"Burr and his associates are much excited in this country."
Extract of another, to the same, dated Louisville, Jan. 6.
"It has been reported yesterday by some gentleman coming from the Tennessee country that col. Burr was stationed on Cumberland island, and busy in organising his recruits, and that he was very much disappointed in the number, which is very short of his expectation. A few thousand men, commanded by trusty officers, could soon clear the Western country of the clan."
We have received New-Orleans papers to the 1st of January. They contain no articles of interest, except a long address to the public by Edward Livingston, vindicating himself against the charge of implication in Burr's conspiracy, made by Gen. Wilkinson. The address closes with the following affidavit:
EDWARD LIVINGSTON, of the city of New-Orleans, counsellor at law, being duly sworn on the Holy Evangelist of Almighty God, doth depose, that he hath never had any communication, written or verbal, direct or indirect, with Aaron Burr, or any other person whom he knows or has reason to suspect, to be concerned with him in the plans now said to be carrying on, hostile to the union, laws, or constitution of the United States, relative to any such plans, and that he is utterly ignorant of the existence of any such schemes, on the part of the said Aaron Burr, or his adherents, except from the public papers, the communication of gen. Wilkinson, and the voice of public report.
(Signed)
EDW. LIVINGSTON.
Sworn this 26th day of December, 1806, before me.
DOM. A. HALL, District Judge of the United States for the Orleans District.
February 4.
On Monday the SUPREME COURT of the U. States, commenced its sittings in this city.
Letters have been received from New Orleans as late as the 2d of January. These state the arrest of lieut. Small, on a charge of being engaged in Burr's conspiracy, and that six boats had passed Natchez, after an examination.
Letters are received in this city from Nashville, as late as January 15th. They contain nothing material relative to Burr's conspiracy except the universal execration in which the conspiracy and its author are held in the state of Tennessee. The same sentiment exists, and we feel the pride of an American in being able to say so, throughout the whole extent of the western country.—Nat. Intel.
There is not, we believe, the least foundation for the paragraphs taken from British prints, intimating a rupture of the negotiations between the United States and Great Britain.—ib.
United States
Messrs. Bollman & Swartout.
The following opinions were delivered on the 30th ult. in the Circuit Court of the district of Columbia, on the motion to commit the prisoners.
Chief Judge CRANCH delivered the following opinion:
It is the opinion of a majority of the judges that Erick Bollman and Samuel Swartout should be committed for trial for the crime with which they are charged. It is also the opinion of a majority of the judges that they should not be admitted to bail at present.
Upon the motion heretofore made to this court by the attorney of the United States, for a warrant to arrest Dr. Bollman and Mr. Swartout upon the charge of treason against the U. States, I thought myself bound to dissent from the opinion of my brethren on the bench, because I did not think that the facts before us, supported by oath or affirmation, showed probable cause to believe that either of the prisoners had levied war against the United States.
After further deliberation, and a more mature examination, both of the evidence and the law, my doubts are very much confirmed.
In times like these, when the public mind is agitated, when wars, and rumors of wars, plots, conspiracies and treasons excite alarm, it is the duty of a court to be peculiarly watchful lest the public feeling should reach the seat of justice, and thereby precedents be established which may become the ready tools of faction in times more disastrous. The worst of precedents may be established from the best of motives. We ought to be upon our guard lest our zeal for the public interest lead us to overstep the bounds of the law and the constitution; for although we may thereby bring one criminal to punishment, we may furnish the means by which an hundred innocent persons may suffer.
The constitution was made for times of commotion. In the calm of peace and prosperity there is seldom great injustice. Dangerous precedents occur in dangerous times. It then becomes the duty of the judiciary, calmly to poise the scales of jus-
tice, unmoved by the arm of power, undisturbed by the clamor of the multitude.
Whenever an application is made to us in our judicial character, we are bound, not only by the nature of our office, but by our solemn oaths, to administer justice according to the laws and constitution of the U. States.
No political motives,—no reasons of state can justify a disregard of that solemn injunction.
In cases of emergency, it is for the executive department of the government to act upon its own responsibility, and to rely upon the necessity of the case for its justification; but this court is bound by the law and the constitution in all events.
When therefore the constitution declares that "the right of the people to be secure in their persons," "against unreasonable seizures," "shall not be violated," and that "no warrants shall issue but upon probable cause supported by oath or affirmation," this court is as much bound, as any individual magistrate, to obey its command.
The cause of issuing a warrant of arrest, is a crime committed by the person charged. Probable cause, therefore, is a probability that the crime has been committed by that person. Of this probability, the court or magistrate, issuing the warrant, must be satisfied by facts supported by oath or affirmation. The facts therefore which are stated upon oath, must induce a reasonable probability that the acts have been done which constitute the offence charged.
The question whether a crime has been committed is a question partly of law, and partly of fact.
What acts constitute the crime, is a question of law.
Whether those acts have been done, is a question of fact.
The crime charged in the present case is treason against the U. States.
The question of law is, what acts constitute that crime?
The 3d sec. of the 3d art. of the constitution of the U. S. says, that "treason against the United States, shall consist only in levying war against them, or, in adhering to their enemies, giving them aid and comfort."
As it is not contended that the prisoners are guilty under the second clause of the definition; if guilty at all, it must be of treason in levying war against the United States.
To a man of plain understanding it would seem to be a matter of little difficulty to decide what was meant in the constitution by levying of war; but the subtleties of lawyers and judges, invented in times of heat and turbulence, have involved the question in some obscurity.
It is not my intention, at this time, to say how far the expression ought to be limited, nor how far it has been extended. It is however to be hoped that we shall never in this country adopt the long list of constructive treasons invented in England by the worst of judges in the worst of times.
It is sufficient to say that the most comprehensive definition of levying war against the king, or against the U. S. which I have seen, requires an assemblage of men, ready to act, and with an intent to do some treasonable act, and armed in warlike manner, or assembled in such numbers as to supercede the necessity of arms.
The advocates for the prosecution have not, as I understand, contended for a more unlimited definition than this.
It is unnecessary, and perhaps would be improper for me at this time, to say more on the question of fact, than, that in my opinion, there is no probable cause, supported by oath or affirmation, within the meaning of the constitution, to charge either Dr. Bollman, or Mr. Swartout with treason by levying war against the U. S.
From some of the doctrines urged on the part of the prosecution, I must, most explicitly, declare my dissent.
I can never agree that executive communications, not on oath or affirmation, can, under the words of our constitution, be received as sufficient evidence, in a court of justice, to charge a man with treason, much less to commit him for trial.
If such doctrines can be supported, there is no necessity of a suspension of the privilege of the writ of Habeas Corpus, by the authority of the legislature.
As it is admitted that such communications can be evidence on the trial, and as an opinion on that point, therefore, cannot be considered as prejudging any question which can occur in a subsequent stage of the prosecution, I have thought proper to be thus explicit on that point. To have said less, I should have deemed a dereliction of duty.
The substance of JUDGE DUCKETT'S opinion.
Mr. D. said he should not make many observations in addition to what he had remarked on granting the district attorney's motion, for a warrant to arrest the prisoners on the charge of treason. Nor should he make any professions of scrupulous attachment to the right of personal liberty on the citizens of our country; because, if the whole tenor of his conduct through life, had not evinced such attachment, he felt assured that no professions on his part could on this point secure the confidence of the public.
He concurred in the sentiment, that no reasons of state, no political motive should be suffered to influence in the slightest degree the decision of the present question; but while on the one hand, a due regard should be paid to the right of personal liberty in the citizen, he should not be entirely forgetful of the duty we owed to the public, of preserving the constitution and government of the country.
That on the question then before the court, he would observe, as he had done when the warrant issued, that he would at that time give no opinion, as to what constituted a levying of war within the definition of treason in the constitution of the United States. That it appeared to him unnecessary, if not improper to do so, as he might be called upon to decide the law, in reference to the facts that might appear on the trial of the prisoners.
That the only question then to be decided was, whether there was probable cause supported by oath or affirmation, as required by the 6th article of the amendments to
the constitution, to induce a belief that the prisoners were guilty of the crime for which they had been arrested. This question he said had been deliberately considered by the court before the warrant issued, and he thought every thing in this inceptive state of the business, was regularly an ex parte proceeding; he therefore had been against permitting counsel to argue on any question, except, whether the offence was bailable, and whether under the circumstances, the court in their discretion ought to bail. They had, however, been allowed to argue in effect to the utmost latitude against the propriety of having issued the warrant. To this argument he had given the strictest attention, and could observe with Mr. Fitzhugh, that it would have been well addressed to the jury, if the prisoners had been upon their trial. It had however produced no alteration in his opinion, as he still thought there was probable cause appearing to the court to authorise the commitment of the prisoners for trial.
To determine this question said Mr. D. let us take a short view of the evidence.
The depositions of general Wilkinson prove unquestionably, the connection of the prisoners with col. Burr in carrying into effect one common intent or plan, and their knowledge of this view. They indeed shew from the acts of the prisoners and their own confessions, their immediate agency in the furtherance of this scheme. If then it can be shewn, that Mr. Burr has probably committed treason, their agency and connection with him, while possessing this knowledge of his treasonable views, create the same probability against them, as in the same treason all in this stage of the business must be considered principals. What then was the intention, the quo animo with which Mr. Burr's expedition was undertaken? This by general Eaton's deposition, is proved to be the separation of the western from the Atlantic states, and the establishment of a monarchy there, of which Mr. B. was to be the sovereign. It is probable he had another object in view, the invasion of Mexico; but this does not appear to be distinct from his treasonable plan of dismembering the union. This treasonable intention is also stated in the confessions made to general Wilkinson by one of the prisoners. In the pursuit then of this object we find that Mr. B. had actually commenced the expedition, and that he expected to be at Natchez with an armed force at a certain period. It appears too, from the confessions of the prisoners themselves, that Mr. B. was levying a large body of armed men, and what may go far to prove their knowledge and agency in that business is, that the officer who was to command the first five hundred men is stated by name. One of the prisoners also says that he had written to col. Burr for provisions. Should these circumstances, of themselves, not amount to overt acts of levying war, upon which question Mr. D. said he should at that time say nothing, yet when taken in connection with the situation of the country, the state of alarm existing among the people, and the active preparations of defence against an expected attack, they furnished strong prima facie evidence that they had been followed up by the commission of other acts on the part of Mr. Burr and the prisoners, that would amount to a levying of war within the strictest definition of the terms. Nor is there any thing in the testimony said Mr. D. that can positively exclude the inference of an active co-operation on the part of the prisoners in the different measures that are probably imputable to Mr. B.
Mr. D. then remarked that an observation made by himself on issuing the warrant, seemed not to have been correctly understood by the prisoners' counsel.
He had not said, that in the present case it was necessary to resort to public documents to aid the depositions in furnishing probable cause for the arrest; but he would not now observe as he had then done, that although the depositions did to his mind establish a probable cause on which he could act, yet that this probability was strongly corroborated by the message of the President and other public documents on the subject. That even admitting that the 6th article of the amendments to the constitution which provides against general warrants, may require an oath or affirmation before any warrant can issue, yet he could not subscribe to the doctrine, that the circumstances showing the probable cause, must in all cases be contained in the oath or affirmation itself. If this principle be once considered correct, it would indeed when taken in connection with the necessity contended for in the present case, of proving on a question of committal the positive existence of the offence charged, be the worst precedent, as it regarded the public safety, that could possibly be established, though at the same time it might be the most convenient cloak for treason that could be invented. Under this doctrine, even an authenticated record shewing the conviction of Mr. B. of treason, could it be produced on the present question, would be deemed inadmissible in corroboration of the probable cause contained in the affidavits.
Mr. D. concluded by observing, that he was opposed to bailing the prisoners, for although the evidence might also have charged them with a misdemeanor in setting on foot an expedition against a nation at amity with the United States, yet as they had been arrested on a charge of the highest offence against their country, nothing but their persons could be considered an adequate security to the public.
NORFOLK, Feb. 2.
Capt. Webb, of the schooner Catharine Shepherd, in 15 days from Antigua, informs, that a vessel had arrived at that island from Barbadoes, bringing intelligence, that by an arrival at the latter island from England, it was stated that the Prussians and Russians had formed a junction in great force, and that after a most bloody battle, which had lasted for three successive days, the French were entirely defeated, and surrounded with Bonaparte in Berlin. In giving this intelligence, the only part that we would vouch for is the correctness of the report, as to Capt. Webb, but we cannot without other data, as to time and place give full credit to this information, altho' intelligence might have been received at Barbadoes as late as the 1st of December, or even later.
A gentleman who came passenger in the
Catharine Shepherd, says, that the above account reached Antigua from St. Croix, and that he thinks the date of the Europe accounts were to the 10th of December. (Ledger.)
February 5.
The British ships of war Bellona, capt. Douglas, and Triumph, capt. Hardy, of 74 guns each, and the Mermaid frigate, which have been at anchor in Hampton Roads for some time, sailed early on Tuesday morning in great haste, in consequence of information received of a pilot being put on board an 80 gun French ship on Saturday last. It is generally supposed it must be admiral Villeneuve's ship the Foudroyant from the Havana. If so there is very little chance of the British coming up with her, as she is considered the fastest sailer in the French navy.
Mr. Alexander, another of Burr's associates, apprehended at New-Orleans by gen. Wilkinson, arrived at Annapolis on Sunday last, and immediately proceeded under a military guard to Washington.
By Yesterday's Western Mail.
KNOXVILLE, Jan. 21.
Extract of a letter from a gentleman in Gallatin (Tenn) to his friend in this town, dated January 16, 1807.
"The people of Sumner & the adjoining counties are volunteering fast to pursue Burr, and stop him in his career if possible. Captain Bradley, and captain B. Martin have both enlisted full companies, and are ready to set out at a moment's warning."
"A number of the first characters in the Union are suspected for aiding Burr, and being concerned in his plot. It is said general Wilkinson is making preparations to receive him at Orleans, and give him possession of that city and its forces."
NASHVILLE, Jan. 10.
Various reports are afloat relative to the force descending the river under col. Burr—some say 600, some 800 men. However, it is sufficient to say, that his expedition has caused considerable bustle throughout the western country, as well as in this neighborhood. We hear from some of the upper counties in this district, that the minds of the people are very much agitated.—We are informed that the major general commanding the second division of the militia of this state, has received advices from the secretary of war, stating that the aspect of public affairs, require, that he should have a certain portion of the militia under his command, in readiness to march whenever necessity should need it. The order with which they have volunteered is truly characteristic of that patriotism of which our country boasts, and will stand a pledge to our Atlantic brethren that when the interests of our common country is endangered, our lives and property will be sacrificed in its defence. We understand that the militia will be reviewed to-day by the Major General.
LEXINGTON (Ken.) Jan. 17.
Accounts from the mouth of Cumberland state, that col. Burr, with about 80 or 90 well armed men, which constituted his whole force, descended the river from that place on the 28th December. One account says, that on the morning of that day, he had all his men drawn up, and harangued them eloquently. He informed them that the avowed object of settling the Onachetta lands, was only designed as a reception, whilst his real object was far more important—That it was not yet time to divulge his plans; but that he should do so in a very few days—That this object was honorable, and the prospect bright of making independent fortunes for his followers. Another account, in which we place greater reliance, says, that his men were drawn up in order, on the day above mentioned, for the avowed purpose of hearing a disclosure of his plans; but in consequence of the attendance of many neighboring citizens, he informed them that the development must be delayed for a few days, when he would give them full information on that subject. He then told them, that those who were unwilling to proceed on the enterprise, were at liberty to return; upon which they gave three cheers, and unanimously declared their determination to proceed.
The accounts further state, that col. Burr had been down to Massac, and was escorted up by some of the United States' troops.
FRANKFORT, (Ken.) Jan. 15.
REPORTS.
The number of reports that are in circulation respecting the situation of the expedition headed by col. Burr, and the seeming conditions which some of them present, has almost induced us to pass them unnoticed; but when we reflect on the situation of the public mind, and the anxiety of the people to hear, through any source, from the expedition, we are compelled to forego that determination, and give them to our fellow citizens as we receive them, nor pledge ourselves for their correctness.
A report is in circulation, that col. Burr was at the mouth of Cumberland river, the 27th day of December last, and had assembled in all, 300 men. This we deem highly probable, as the Nashville paper states, that col. Burr left there on the 22d December.
It is also said, that col. Burr's bills on the eastward, will not be paid; if so the town of Lexington, alone, will lose more than 50,000 do's. Eight thousand dollars of his notes, discounted at the bank of Lexington, have been paid already. His bills and notes are payable at 120 days. He gave as a reason for drawing at that distance of time, that his money was in New Orleans; and it would take that length of time to get it sent round to the eastward. Query—Might he not have calculated on taking N. Orleans, and with the money in the bank, &c. meet his notes to the eastward.
DANVILLE, (Ken.) January 6.
By a young friend lately from Louisville, we learn that the militia (volunteers) under general Winlock of Shelby stationed at and near that place, keep a very strict watch, examining every person who arrives. Two well dressed men, unwilling or unable to give a satisfactory account of themselves, are under close confinement. Some boys, full of young men, had passed before the arrival of the militia; and several others have been stopped, two of which cut cable at night, passed the falls, and cleared it. For the more effectual guard of the stream, a number of men, and some pieces of cannon, are stationed on the adjacent islands.

Certain individuals, leaving their families without notice, have suddenly disappeared, and are supposed to be on the way to Orleans. Our informant adds, that reports, mere reports, stated Col. Burr to have been arrested on his way down; and that several of his boats have been detained at different places on the river. From other sources it appears that a Mr. Blanquet, said to be an Irish royalist, is on the river below, while his family is in one of the boats which have been taken up at Cincinnati.
Foreign.
LONDON, Nov. 24.
The mass of calamitous intelligence which is our unhappy fate to communicate this day is beyond any thing that has preceded it in these times so fruitful in disasters. — Courier.
SURRENDER OF HOHENLOHE—CAPTURE OF STETTIN AND CUSTRIN.
The opinion we expressed on Saturday, that Hohenlohe had been forced to capitulate is but too true; he has been forced to surrender with his whole corps. After the affair of Zedlitz which he was forced to avoid the road to Templin, where Murat had arrived before him. He then proceeded to Prenzlau, a town at the northern extremity of a lake, on a direct road to Stettin. The Prussians and the French advanced guard reached it nearly at the same time, on the 30th ult. As soon as Murat came up, he gave orders to charge the Prussians in the suburbs of the town while his cavalry attacked the Prussian flank and turned the town. The attack on the suburbs was victorious, and the French were successful in driving the Russians into the town—Murat immediately summoned them to capitulate. A capitulation was agreed upon, and Hohenlohe's corps, consisting of 16,000 infantry, 6 regiments of cavalry, and 74 pieces of cannon, surrendered. Prince Augustus, the brother of the gallant prince Louis, killed at Saalfeld, and the prince of Mecklenburgh Schwerin, were amongst the generals made prisoners. On the 29th another column of 6000 men was forced to capitulate to the French general Milhaud, at Passewalk. This Prussian column seems to have been part of Hohenlohe's army.
Advancing with his division, Murat's right wing summoned Stettin, which surrendered without making any resistance, though it is represented to have been in a good state of defence—160 pieces of cannon were found in the garrison; and the number of prisoners taken was 6000. Whilst the right wing had made itself master of Stettin, the left extended itself towards Anklam and Demmin.
At Anklam another column of Prussians about 4000 strong, were forced to capitulate, and on the first Murat's head quarters were at Demmin, with the view of attacking a Prussian column under the command of the Prussian general Billa, who seems to be retiring into Swedish Pomerania. It appears from this as if we have hitherto been under a mistake in supposing that it was either the duke of Weimar's or Bucher's corps, that had retreated into Swedish Pomerania. Both those corps left Rhenberg on the morning of the 29th, and the duke of Weimar to have remained there on that day. Bernadotte was on that day at Furstenberg, and it was supposed the duke would be unable to cut his way thro' him. Blicher with 7000 men, would, it was supposed, fall into the power of Lasnes or Murat. Abandoning however all idea of making good their retreat to the Oder, Blicher and the duke are said to have made a retrograde movement, with the view of regaining the Elbe, but the French had calculated upon this movement, and had taken measures accordingly. Whilst these events were taking place upon the left bank of the Oder, Davoust had advanced to Custrin, which seems to have surrendered with as little resistance as Stettin, though it is said to have been well provided for a defence—the garrison consisted of 4000 men. The easy capture of Custrin will surprise all military men—it is situated in the middle of a morass—no approaches can be made without the greatest difficulty; and it would have been in less danger from any attack of a besieging army than from famine. The French are thus in possession of all the course of the Oder from Custrin to its mouth. They have also, it is said, advanced into Poland—whilst the Bavarian and Wirttemberg troops, under Jerome Bonaparte, are proceeding into Silesia. Louis Bonaparte is advancing into Hanover, and Mortier into the electorate of Hesse.
Such is the substance of the 22d, 23d, 24th, and 25th bulletins, contained in the French papers to the 12th; the Dutch to the 16th, communicate some further and later accounts, but they do not appear to be official. They state that Magdeburg had capitulated, which we can hardly believe. The last French bulletin states merely, that Ney is about to invest it. Murat, according to these Dutch papers, was expected at Lubec on the 6th to attack general Blicher. General Blicher! It was said that he was retreating towards the Elbe. The Swedish corps which had occupied the Lüneburg territory had forced their way into Lubec on the 3d to embark for Stralsund, which they had nearly completed on the 5th.
Where the king of Prussia is, is not ascertained. Lucchesini's mission to Bonaparte is said to have failed, and now the Dutch papers report, that the king of Prussia has solicited an interview with him. It is clear that Bonaparte is determined to treat his Prussian majesty with much more harshness than he did the emperor of Germany; it seems almost as if he had formed the resolution to dethrone him altogether, and partition the Prussian territories amongst his generals, or plant a branch of his own family upon the throne of the great Frederick.
As to the Russians, we have no accurate accounts of them—they are mentioned, indeed, in the French bulletins, but it is rare to indulge an insulting menace and prediction that destruction awaits them if they dare to meet the French. They do not seem to have joined the Prussians.
In one of his bulletins he says—"That England would make no peace—but she shall make it, and France will include
more coasts and states in her federative system." In a proclamation to his troops he says—"We will be no longer the sport of a treacherous peace, and we will not lay down our arms until we have obliged the English, those eternal enemies of our nation, to renounce the scheme of disturbing the continent, and the tyranny of the seas. We apprehend it to be Bonaparte's intention to cajole or compel Denmark into an alliance with him, for the purpose of attempting to block up the Baltic against us.
On the 29th November the French troops took possession of Hamburg; confiscated immediately every species of British property found therein: and put all the English merchants in arrest.
The elector of Hesse Cassel, duke of Brunswick, duke of Mecklenburg, and prince of Orange Fulda, had all been deposed—General Legrange was appointed governor of Cassel; and the king of Holland had taken Hanover. The French had not entered Swedish Pomerania; but had made 1500 Swedes prisoners, near Pomerania and had menaced Denmark.
Every measure indicates Bonaparte's fixed determination to annihilate the Prussian dynasty. General Clark has been appointed governor of Prussia provisionally, and all the fortresses from Erfurth to Stettin were to be strengthened, for future safety. The king of Prussia had passed the Oder, with about 15,000 men; and was supposed to be making for Koningsburg, the old capital of his kingdom.
Considerable apprehensions are entertained by the court of Copenhagen respecting the designs of the French. It is true that Denmark has not since the commencement of the revolution, taken any share in the wars against France, and the active part which she took in the northern confederacy against Great Britain in the year 1800, might naturally be supposed to exempt her from any danger of an attack from France. But all this will weigh but little with Bonaparte, when put in competition with his favorite object, viz the shutting the sound against our commerce;—and we have no doubt that we shall very soon hear of a peremptory application from him to the Danish government upon that subject. It was even confidently stated yesterday evening, that government had received positive confirmation of the demand having formally been notified at the court of Copenhagen.
Catle Nuovo, the strongest fortress in the mouths of the Cattaro, has been taken by storm by the French under general Marmont. He has published a proclamation, inviting the inhabitants of Cattaro to give up that place to him, and threatens to treat them severely if they were found fighting on the side of the Russians. It is extremely probable, therefore, that by this time the whole of Cattaro, is in the hands of the French.
By letters from Jena, Weimar, and Leipzig, the completest tranquillity is said to prevail; all disorder has ceased and the citizens mount guard alternately with the French soldiers.
The lectures of the above universities have, as we have before stated recommended; the students who have fled have been recalled, and assured by the emperor Napoleon, that he is determined to protect the sciences and learning in every quarter of his empire.
The designs of the French were known at Hamburg thirty-six hours before they entered that city. The greater part of the English property was therefore embarked, and the vessels containing it were in perfect safety!
In consequence of this gloomy intelligence, the funds experienced a depression. Omnium fell to par, and Consols depressed in a proportionate degree.
From the Baltimore Federal Gazette To the politeness of a gentleman, just arrived from St. Thomas, we are indebted for the latest intelligence from the Republic of Hayti. The papers furnished, contain an account of the operations down to the 27th December inclusive—on which day the new Republican Constitution was adopted. This constitution, and the epigraphic address prefixed, shall be presented to the readers of the Gazette without further loss of time than is necessary for a correct translation. We have only time this evening to furnish the following.
On the 5th December, 1806 general Christophe appeared on the shores of Port au Prince, with an army of about 10,000 men to compel the body of people assembled together, to frame a constitution to appoint him king or of Hayti. On his arrival there, he sent in a flag of truce, and desired to have a conference with general Pichon, commander at Port au Prince, who went out to meet him with what soldiers he had; and instead of a conference, as soon as Pichon came within gun shot of him, his men were fired on by Christophe; when a short engagement ensued, in which there were some officers and men killed on both sides. Pichon got into Port au Prince, and kept Christophe from committing any material depredations on the town: As his army was but few in number, he thought it most advisable to act only on the defensive, and not pursue Christophe, after having driven his troops out of town at the end of which they had entered it.
Dispatches were immediately sent by Pichon to all parts of the South, where they have dominion, for troops, arms, ammunition and provisions, and on the day following, there was not a mile to be found, or scarce a man that could bear arms in the town of Jacmel—all had repaired to Port au Prince, to join Pichon's army, carrying with them provisions and ammunition for the occasion. Several skirmishes took place in the course of eight or ten days—during which time, Christophe's army was within two or three miles of Port au Prince, and had several times entered it, but was as often repulsed.
On the 10th of January, news was received at Jacmel, that Christophe had been defeated, and that the greater part of his soldiers revolted and joined the other side: that he had fled for his life; that Pichon's army were in pursuit of him, and no doubt prevailed, but they would not take him—in which case, death would have been his lot—as they were determined to behold him, and establish a federal or republican government.
On the night of the 16th January, Jacmel was illuminated on the occasion.
Certain arrangements have taken place with Mr. Thomas Randolph, which will prevent the sale of the property advertised in the first page of this day's paper, by William Bradle.
John G. Daniel. January 7th, 1807.
VIRGINIA ARGUS.
RICHMOND:
TUESDAY, FEBRUARY 10, 1807.
THE unfortunate death of Mr. MCCREIDLE has justly affected the feelings of the public in a very great degree. The loss of a worthy and most respectable citizen is enough, of itself, to awaken sorrow in the bosoms of all good men, who knew him and his virtues. On the present occasion, the grief of a disconsolate widow and children excites peculiar sympathy; which is increased by reflecting that a sudden and unexpected event, has cut short, in the prime of his life, in the midst of his career of utility to them and others, the days of their friendship and father. Considerations of this nature have necessarily produced a powerful effect on the friends and acquaintance of the deceased; and we may with truth observe with respect to him, that his acquaintance were almost universally his friends. Yet the motives we have mentioned, however powerful they may be, are not sufficient to account for the uncommon uneasiness at present pervading the public mind. A cause more generally interesting than the fate of any one individual appears to disturb and agitate the bosoms of the inhabitants of this city. This is no less than an opinion that the public guard, which was instituted for the protection and safety of the people, has by bad management been perverted to their destruction; that in this land of liberty, in a time of profound peace, orders have been given, by which the lives of the citizens have been put in jeopardy, and to which one of the best among us has fallen a sacrifice!—If this were actually the case, it is certain our indignation against those who were guilty of giving such orders, could scarcely be excessive. But it should be remembered that all our passions ought to be kept under the control of reason; that the evil, which has happened and cannot be remedied, would only be aggravated by giving way to unfounded prejudices, or hastily condemning any person before a fair and impartial investigation of his conduct shall have taken place. This we are assured is commenced, and will be prosecuted with diligence, by a committee of the Executive, appointed for that purpose on Friday last; being as soon as the Council assembled after the mournful incident was known. We cannot entertain the smallest doubt, from our knowledge of the mild and benevolent character of our present Governor, that not only the deplorable death of Mr. McCreele is regretted by no one more sincerely than by him; but that he was altogether incapable of issuing any orders which would manifest the least degree of inattention to the security of any human being. The statement inserted in our last paper of the rules relative to the duty of centinels, established by the successive Governors, Monroe, Page and Cabell, is confirmed by the official publication in the present Argus. If, therefore, any orders of a dangerous tendency were given to the centinel in the case now in question, or if any neglect existed in communicating to him those orders which the Governor directed, the blame must fall, not on the Governor, but on some officer of the guard who was guilty of disobedience.
As usual on such occasions, fame is busy in publishing many reports on the subject; but we think it most consistent with a decent respect to the feelings of all the parties who may be implicated, not to mention any of those reports until the enquiry now progressing has been completed; the result of which will be immediately published. We trust that that enquiry will be made with strictness and impartiality; and that if any officer of the public guard shall be found to have disobeyed his orders or neglected his duty, and thereby to have occasioned the late melancholy event, the patriotism and virtue of the Executive will induce them to remove him without hesitation from office. The power of making such removals was wisely vested in the Governor with the advice of Council, by an act of the last session of Assembly, and surely, if such was the case, no occasion could occur in which it could be exercised with more propriety.
In the meanwhile, we may be permitted to exhort our fellow-citizens not to indulge too far those emotions, which are honorable to our national character when restrained within proper bounds, but by degenerating into intemperance and violence may do ourselves an essential injury. Particularly, let us endeavor to prevent the folly or atrocity of one of the guard from producing a disposition to have the guard itself disbanded, from a mistaken idea that it would endanger instead of preserving the lives of the people. If abuses have existed in the manner of conducting that institution, we hope they will be corrected, and precautions taken to prevent their recurring again; but God forbid that, in a moment of indignation, or of thoughtless indiscretion, it should be abolished.
Whoever considers the valuable public property constantly kept at this place; the large number of domestic foes who are constantly meditating conspiracies and insurrections; as well as of other disorderly characters who frequent the city and its neighborhood; together with the necessity of retaining in safe custody the desperate villains crowded together in a huge Penitentiary house; must be convinced that the continuance of the public guard is essential to the safety of the citizens of Richmond and of the state in general. We deprecate therefore the disposition, which was manifested in the legislature, to abolish that useful institution, and feel it not the least among the causes of sorrow arising from the mournful catastrophe now under consideration, that the destruction of the public guard may probably be one of its consequences. We hope however, that this will not be the case; that judgment and not passion will govern the deliberations of the next General Assembly on this subject; and that the wisdom of the Executive will soon regulate the guard in such a manner, as to satisfy every body that it is not a nuisance, but a protection to the Town, and thereby to give it permanence and respectability.
IN COUNCIL.
FRIDAY, 6th February, 1807.
THE Executive conceiving it to be a duty which they owe to humanity and to the laws, to ascertain and to publish, and if proper, as far as may consist with their powers vested in them, to punish the offence said to have been lately committed at the Barracks in the city of Richmond, which eventuated in the death of Mr. John McCreele, whose loss is sincerely deplored by the Executive:
It is to that end, unanimously Resolved, that Messrs. Heath, Hening and Munford, be appointed a committee to ascertain and report to the Executive, as soon as may be convenient, all material circumstances in any degree relating to that tragical event, and particularly whether the orders given by the Governor to the Commandant of the Guard in relation to the conduct proper on all occasions to be observed by the centinels belonging to that corps, have been regularly repeated by the said Commandant to the troops under his command:
It is Ordered, that the preceding resolution, together with extracts from the Governor's orders concerning the conduct proper to be observed by the centinels belonging to the public guard, be published in all the newspapers in the city of Richmond.
DANL. L. HYLTION, Clerk of the Council.
The following is an extract from a letter of Governor Monroe to Capt. Alexander Quarrier, the Commandant of the Public Guard, dated May 5th, 1802. On the subject of the conduct proper to be observed by centinels of the public guard, he expresses himself as follows:—"In general they should be cautioned not to direct their piece with a view to strike the object, but in cases where they are of opinion the person is bent on some evil design, such as to take or surprise the centinel, or get into the capitol to take the arms, or other public property. Sometimes persons intoxicated may pass near the centinel, or even insult him. In such cases it would be much to be regretted if such persons should be killed. If he be kept at a distance by the point of the bayonet, it will be sufficient."
No change was made by Governor Page as to the conduct to be observed by the centinels. In a letter addressed to the commandant of the public guard, March 17th, 1803, in speaking of the duties of the public guard, he expresses himself as follows:—"These duties are so well understood by you, and as far as I have seen, been so faithfully performed, that at present any direction or orders respecting them would be unnecessary."
Governor Cabell, in a letter bearing date May 29th, 1806, addressed to Captain Alexander Quarrier, the commandant of the guard, speaking of the rules and regulations adopted by his predecessors for the government of the public guard, thus expresses himself:—"I have seen no cause for making any change in any of them, and you will therefore consider them as confirmed."
The above quotations from the letters of Governors Monroe, Page and Cabell, are true extracts from the Records. DANL. L. HYLTION, Clerk of the Council.
It will be seen by a reference to the Baltimore head in this day's Argus, that accounts have been received there that our differences with Great Britain have been amicably settled, and that the arrival of Mr. Monroe may be daily expected.
CIRCULAR.
To the Chambers of Commerce; Insurance Offices; Banking Establishments; and Merchants of the United States: with the affluent and wealthy of all orders and names!
BRETHREN & FRIENDS! IT was the hope of the inhabitants of the town of Portsmouth, New-Hampshire, that necessity might never be laid upon them, to implore your charitable aid, a second time; having experienced your great liberality: A. D. 1802. But it hath pleased Almighty God, to visit this place again, with the desolating scourge of destructive fire, on the morning of the 24th of December, 1806; and the poor widows, stripped of her little all; the industrious mechanic, despoiled of his mansion house; work shop; stock and tools; together with the young merchant, bereft of his property, as in a moment of time, once more, solicit the helping hand of affluence and wealth, blest with the means of doing abundant good; and hitherto distinguished by benevolence of the will, accompanying beneficence of the deed.
The committee, whose names are hereunto subscribed, have been appointed by the Selectmen of Portsmouth, according to the vote hereunto annexed, to unite their supplications, with those of the real, necessitous sufferers; and while, it affords them pleasure to state, that there are some, whose independence, in point of fortune, enables them to bear their particular losses; and on whose behalf, the helping hand of charity is not invoked; it becomes their painful duty, to observe, that there are many others, who really need immediate relief; and where shall the committee seek it, for these poor sufferers, unless it be, among that respectable class of our friends and fellow citizens, whose wealth is pouring in from a thousand sources; and whose most liberal hearts, are always devising most liberal things?
Brethren and friends! we look up to you with confidence. We are certain, that we shall not be disappointed. Some benevolent spirit, will be the guardian angel of this humble petition: He will kindly use his efforts with the Commercial, Banking, Insurance and Mercantile interests; and the President, Directors, or other respectable members of these valuable institutions, will transmit the sum total, of what may thus be collected, at as early an hour as possible, to the subscribing committee, who have the honor to remain, with great respect,
Brethren and friends, Your most obedient servants, Joseph Buckminster, George Richards Edward Cuts, Edward Jennings Long, Charles Peirce, } Committee.
Vote of appointment by the Selectmen of Portsmouth, N. H. Selectmen's Office, Portsmouth, N. H. Jan. 7, 1807.
At a meeting of the Selectmen, Voted, That the Rev. Dr. Joseph Buckminster, Rev. George Richards, Edward Cuts, esq., Edward J. Long, esq. and Mr. Charles Peirce, be a committee to receive all donations, that may be made for the relief of the sufferers, in the late fire of the 24th of December, 1806, likewise to distribute the same as they shall think proper, and keep a fair record thereof.
Samuel Hutchings, Elijah Hall, Isaac Waldron, jr., Seth Walker, Joseph Clarke, jr. } Selectmen of Portsmouth
The "Republican Society of Wilmington" (N. C.) have addressed the President of the United States, appropriating his conduct, and expressing a wish that he will again permit himself to be nominated to the Presidential Chair of the Union. (Petersburg Intel.)
Commodore Barney, in a note to the Editor of the Baltimore Federal Gazette, has denied the authenticity of the letters lately published, said to be from admiral Willaumez, at the Havanna, to general Terreau and others.
MARRIED —On Saturday last, Mr. THOMAS RITCHIE, editor of the Enquirer, to Miss ISABELLA FOUSHEE, daughter of Dr. Wm. Foushee, all of this city.
—On the same day, in Buckingham county, Major WILLIAM DUVAL, of this city, to Miss CHRISTIAN, of said county.
DIED —On Friday last, Col. JOHN HARVEY, near this city.
CUSTOM-HOUSE—RICHMOND.
ENTERED.
Sch'r. Jane, Salmon, New York Sloop Little Jim, Godwin, Norfolk Sch'r. Commerce, Butler, Ditto —Prudence, Shaw, New York —Providence, Beckwith, Baltimore.
CLEARED.
Sch'r. Louisa Adeline, Lyons, Phila Brig Sukey, Rhodes, City Point Sloop Jersey, Dickey, New York —Cay Maria, Storer, Ditto Sch'r. Perofia, Block, Ditto Sloop Nancy, Finch, Newport. Sch'r. Three Friends, Fisher, New York.
POSIS CRIPT.
NEW-YORK February 3.
Last night the editors of the New York Gazette, received the following interesting news from New Orleans, by the brig Neptune.
That on the 8th ultimo, gen. Wilkinson received a letter from col. Burr, who was at Natchez, requesting to know if the general would suffer him to PASS New Orleans. The general stuck his determination to oppose Burr's passage on the coffee-house books, and at the same time requested the merchants to order the vessels down to Plaquemine, to prevent Burr from using them to aid in his plans. The general's note on the coffee-house books, threw the city into confusion.
The force which Burr had with him was not accurately known—but it was said his advanced guard under Adair consisted of 200 cavalry, and Burr was at the head of 600 troops, all arrived at the Natchez.
All the gun boats, two ketches, and the schooner Revenge, had sailed up the river under the command of commodore Shaw.
The Militia and volunteers were all put under arms the 6th ult. and were on duty when the Neptune sailed.
Lieutenant Small, of U. S. army, and a Mr. Henderson, had been arrested as participants in Burr's conspiracy.
WASHINGTON CITY, Feb. 6.
Mr. Lee yesterday moved the supreme court of the United States for writs of habeas corpus in the cases of Messrs Alexander, Bullman and Swartwout. The court assigned this day for the consideration of the motion. The arguments we understand, will, in the first instance be directed to the solution of the abstract question, whether the supreme court has, in any case, power to issue a writ of habeas corpus.
To be Sold,
To the highest bidder, for ready money, at the little store, in the lower end of Goodland county, on the Three Noched road, on Thursday the 5th day of March next, if fair, if not, the next fair day, five likely young NEGROES, belonging to the estate of Hugh Puryear, dec.
This sale will certainly take place ELLIS & HUGH PURYEAR, Ex'ors. Goochland, February 5, 1807. tds
WANTING,
Three Men,
To act as Turnkeys at the Penitentiary, who can come well recommended for their sobriety, &c. MARTIN MILMS, Keeper of the Penitentiary Feb. 9th, 1807. 3t
Slaves for Hire.
SEVERAL FEMALE HOUSE SERVANTS, of good character—One excellent cook and washer; and sundry Boys and Girls for hire till Christmas next, by JAMES SMITH,
Who offers three Chests of Fresh imperial Tea, at a low price. Richmond, 6th Feb. 1807. 2w
THE SUBSCRIBER WISHES TO TAKE TWO APPRENTICES
To the BRICKLAYER'S TRADE, about the age of fourteen or fifteen, who can come well recommended. Also, one Black BOY of the same age. Apply to JOHN TINSLEY, February 6th, 1807.