Norfolk gazette and publick ledger (Norfolk [Va.]), 1807-06-24 00:00:00

TRIAL OF COL. BURR.
TUESDAY, June 16.
Mr. Hay begged leave to call the attention of the court to a subject, which had been agitated yesterday. He observed that Dr. Bollman had gone up before the grand jury; what his answers were he knew not; but he presumed that the same instructions were as necessary for him, as for Willie; that when they were brought before the grand jury, Mr. Willie might substantiate and Dr. Bollman might interpret the cyphered letter: that hence arose the necessity of the proposition, which he had already supported, that Dr. Bollman was a pardoned man, however humiliating the situation to which he might thus be produced; and hence the necessity of submitting a second question to the court; how far a man in Willie's situation pretending to be an accomplice, might stand with his mouth shut, and refuse to answer every question which might be proposed.
Here a desultory conversation ensued, when Mr. Burr observed, that perhaps it would satisfy the attorney for the U. S. if he consented (which he would now do) that it be certified to the G. Jury, that Dr. B. had received a voluntary and unsolicited pardon from the president of the U. S. which he had refused. For these were facts.—Mr. Hay. An immense distance, sir, from the object of my wishes! I insist upon it, that Dr. B. is a pardoned man; and under that character I wish him to appear before the grand jury.—There is one reason, sir, why I desire an immediate decision on this question. His evidence is now required before the grand jury, and I wish him to go up under such qualifications, which may entitle them to the benefit of all his knowledge. Chief Justice. The question is, whether Dr. B. is a pardoned man, though he refuses the President's pardon.—Dr. Bollman (addressing the court.) I have answered every question that was put to me by the grand jury.
Mr. Botts. It has been again strongly insinuated, that Mr. Willie's claim to the privilege of not answering, pre-supposes his guilt.
Has Willie no reason to seek exemption, from the examination, but such as may grow out of a consciousness of guilt?
The attorney for the U. S. sees every object connected with col. Burr, through a jaundiced medium; with him, "trifles as light as air are confirmation strong as holy writ."
How far he might be disposed to involve this young man upon a confession of copying a paper in cypher, though of harmless import, I am not prepared to say. But let Willie only commit himself so far, and then be carried by his business to that poor, unfortunate, outlaw'd, enslaved province of Louisiana, and abundant cause will be furnished for throwing him into a ship's hold, where he may be heard of no more; or he may have the better fortune of transportation to Washington for trial.
The danger apprehended grows out of no visionary estimates. We have not arrived at that point of our enquiry, which will make the occasion of arousing the indignation of our country apt. We shall very soon, sir, give you an awful impression of the miseries of that ill-fated territory, under the total surrender of the civil authority to military guidance. I am driven prematurely to glance at one outrage, which may serve as a sample of the wretched state in which that section of our dependencies is. A citizen of the U. S. now within the hearing of my voice, in a time of profound peace, was seized in New-Orleans, and without being charged with any offence, but merely on suspicion that he could give evidence against col. Burr in this court, to which place he was willing to come, he was committed to prison without bail or main-prize; thrown into a stinking room with the common felons and negroes confined there, and only taken out at last to be transported to Richmond in custody. He was not even permitted to go to his lodgings to get a shirt, but like a malefactor he was forced to yield, in the humbleness of submission, to the will of his masters. Our revolutionary heroes were provoked to independence in part, by the wrongs of transporting American criminals for trial to England; but at this time, we are content with such a transportation, under circumstances of enormity, of one guilty of nothing but a suspected capacity to be a witness! Shall we not be wary how we furnish a pretext against this stranger now called to implicate himself, in what are called the treasons and misdemeanors of Col. Burr, when without this he has suffered, tho' in a less degree, than the abused individual from Orleans.
But it has been remarked, that my client and his counsel had taken much interest in this privilege. We all feel interested in saving this inoffensive foreigner from the vengeance of illegal power. Col. Burr, particularly from the circumstance of having him in his service, is solicitous that he alone should feel the pressure of unjust suspicion and prosecution.
But how did this letter come here? There is an exceeding foulness betrayed by that post mark in the mode of its acquisition. [Mr. Hay said that there was no post mark.] The "25" on the back, is the only post mark of many of the country post offices. How came that mark there? Will the gentlemen say how that paper was acquired? If the post office was robbed, the possession of the paper was gained feloniously. The constitution has provided against the seizure of papers, and the act of congress has fixed the offence of stealing from the post offices. It is impossible that this most detestable vice of the most infamous of European courts can have been patronized by the government. By a familiarity of our rulers with such hateful practices, the habits of the people would be demoralized. I beg the opposite counsel to join me in arraignment an act which will disgrace all who had an agency in it. It must be a dreadful state of society in which
such an offence should be made the means of assisting to prove another. The principal of this government, if here, would join in the denunciation. If it believes the government to suppress a paper thus unconstitutionally, clandestinely and illegally obtained—if they cannot use the end without sanctioning the means—if they in the noble, generous spirit of a Chatham ministry, would disclaim every impure expedient, their able representatives here would do well not to disgrace their fingers with its touch.
Now for the abstract question of law. The question put to Willie is "do you understand that the original of this letter was written by col. Burr." (Mr. McRae. No: that is not the question last put. The present question is do you understand that part of the letter which is in cypher?) Very well. The gentlemen charge that this letter contains treasonable matter (Mr. Hay. No such thing.) Then they must admit that it contains no treasonable matter. Hence the letter is irrelevant and forms no subject for discussion.
The rule is, that you shall not make the witness answer a question which may tend to implicate him in moral or legal turpitude. The witness himself must be the judge how far his answer may affect him—otherwise if he were obliged to answer for the court to judge of its tendency, he would be surrendering his protection in the means of securing it. If the answer should tend to make up a single link in the chain of testimony necessary to involve him in suspicion, he has a right to declare the answer. The link cannot be perceived by the judge to belong to the chain without an exposure of every part of it. The question called from the state trials was "what profession are you of?" The witness was a Roman Catholick Priest and the answer would subject him to penalties. The court could not know what the answer would be or that it would affect the witness; but the witness knew that it would. His right therefore to decline the answer, if he thought it would implicate him, was sustained. What question could be on its face more harmless than the one resisted by that witness?
If the present question is answered others must be put, which the witness cannot answer. His reason, or how he came to understand that part of the letter which is in cypher, ought to be put, if the one announced is Gibb. L. of Ev. 134. Could he answer the 2d question and shall he tell half the truth and have his lips closed as to the other half? It were better that he should tell the whole though it were to involve him in the prosecution with col. Burr.
I know nothing of the contents of this letter. It may have been written for aught I know, by some young amorous intriguer to his mistress.
Before I sit down, I will beg leave of the gentlemen, when they offer a paper for any purpose, to lodge it with the clerk. We do not wish again to press upon the court to rule such a measure without necessity, but heretofore we have been prevented from getting a sight of any paper until the motion of discussion, and then not without difficulty.
Mr. McRae. The question proposed to the witness, do you understand the contents of this letter? But before we proceed to demand the answer, I hope we may congratulate ourselves upon the situation in which we are placed. It is not our desire to withhold from the accused, any of the slightest means for defending himself; and yet most certainly the present is such a spectacle as is very rarely exhibited in courts of justice. Not satisfied with Mr. Williams's exertions for the defence of Willie, they have even thought proper to superadd their own efforts. I am pleased, sir, that not only the counsel for the accused but also the counsel for the witnesses, is heard in his defence. I have attempted to discover, sir, whether any thing which they have advanced, bears upon the point before the court: but in vain. These gentlemen have widely wandered from the point, and I cannot forbear most deeply to regret that they have always resorted to this unfair expedient. Henceforth I hope, sir, that they will abandon this species of warfare and confine themselves to the point, instead of addressing the multitude around the court.
Mr. Botts, instead of reasoning on the subject, has expatiated on the effects which may possibly hereafter affect the witness, if he confesses any knowledge of this paper: even if the letter itself be a very innocent production, the mere copying of it may at some future day expose him to persecution in some distant territory, or perhaps doom him to a confinement in some ship-hold. Can this declamation be called argument? Does it bear at all upon the question? and yet irrelevant as it is pretty much of the same tenor with most of the other statements which he has made on this subject. What connection has this subject with Louisiana, or with the manner in which this paper has been obtained? As to the robbing of the post office, it is all pointless conjecture. Why has he not specified the name of the post office or the name of the officer? And surely the custom that prevails in those offices of affixing upon a letter, the written or printed name of the office, would have been sufficient to have led to this discovery. But no such impression as that appears on the back of that letter. As to these figures, they may mean something more than the mere postage of the letter. The very same cyphers are used in the body of the letter. And their mysterious characters may have had no other use than to give some caution respecting the conveyance of the letter.
Mr. Botts states, that this letter must be either fraught with treason or it is not: if not it is perfectly irrelevant to the present case. Suppose such to be the truth, ought not the fact, however, to be ascertained? Is it not so far material to the present enquiry?—But says Mr. Botts if he confesses that he copied the letter, he will make himself infamous; and odium or punishment will a-
wait him. That is not the fact, sir. The man must not only have copied the letter, but understood its contents. If he did not know then, the worst that could be said, would be, that he has ignorantly done an injury to the publick, intending to benefit an individual. They have quoted too the case of a Popish priest, who was permitted to elude a question without answering it. Why sir, the ground was precisely this. According to the English law, the witness if he had confessed that he was a Roman Catholick, was liable to certain disabilities. The court itself knew this fact as well as the witnesses; and therefore did not press upon him for an answer. There was no discretion in that case; very different indeed from the present, in which agreeably to their doctrine the witnesses is to judge both on the law and the fact.
Mr. McRae expatiated at some length upon Mr. Martin's principle, that courts had punished a witness for a contempt in not taking the oath, but never where he refused to answer, in cases where he might criminate himself; he stated that the court had always the right to understand the ground, on which a witness refused to answer; that every man was liable to give testimony, unless he came within certain exceptions; and in those cases he must show to the satisfaction of the court that there was some law or authority to justify his repugnance; that in the case of an attorney who refused to deliver his evidence, the court would not be satisfied with the discretion which he might assume, but would compel him to declare whether the confidence on which he rested his exception, was that of a professional character or of a private man. This witness declares that he way criminate himself; but the court is to determine on the tendency of the question. The question is "do you understand the part of the letter that is in cypher?" Suppose he answers no? Could he be possibly criminated? And suppose he answered yes: Some other answer would still be necessary to convict him. Cyphers may be understood by men, who were not in the least connected with the contents of that letter. This very man might have had the key imparted to him, for the purpose of carrying on a purely innocent correspondence: Or he might have acquired a knowledge of that cypher, long after the composition of that letter. On the whole, sir, said Mr. McRae, it is admitted on both sides that a witness cannot be made to criminate himself. The only difference of opinion is, as to the effect of this answer. But let the answer to this question be in the affirmative or the negative, I am satisfied that it cannot criminate Mr. Willie. The court may only determine from this answer, whether he should be forced to answer further interrogatories.
(To be continued.)
WEDNESDAY, June 17.
Mr Hay observed, that many remarks had been yesterday made respecting a cyphered letter; that general Wilkinson's name had been dragged into the discussion; and that having in some way or other obtained a knowledge of that circumstance, he had addressed to him a letter, which he should lay before the court.
RICHMOND, 17th June, .07.
SIR,
The letter addressed to Winbourn, was delivered to me by Charles Patton, of the house of Meeker, Williamson and Patton, New Orleans, and he informed me was transmitted in the inclosed develop.
Respectfully, I am, sir, Your obedient servant, JA: WILKINSON.
GEO. HAY, Esq.
Here followed a continuation of the discussion on Willie's testimony, which will appear hereafter.
Mr. Burr. There will arise some very important questions, affecting the very sources of the jurisprudence of this country. I have several affidavits to procure, to show that improper means have been used to contaminate the publick justice. When these proofs have been duly exhibited, it will be the very province of the court to decide, whether they will not lay their hands upon such evidence.
Mr. Botts. I rise to apprize the opposite counsel that there are three or four questions of considerable importance, which we shall bring forward as soon as possible. Two or three days ago I commented upon the plunder of the post offices: and I assure the counsel for the prosecution that I shall probe that subject to the bottom; as no man can be more anxious than myself that the odium which this transaction attaches to the inferior or the superior officers of the government, should be wiped off. As a private citizen, or as counsel for my client, I shall be sincerely pleased with a fit opportunity of retracting the expressions which I have employed. The court will at once perceive the necessity of going into this enquiry at a very early period; for if the officers of government have hitherto broken open letters from col. Burr, they may hereafter resort to the very same expedient; and by thus obstructing the very medium of communication, may prevent him from summoning witnesses and preparing for his defence. One more remark! Yesterday I understood Mr. Hay to charge us with having made certain insinuations against persons not actually named. He demanded why we had not borne these charges, until we were prepared to support them. That remark, sir, struck me with peculiar force. I was of the same opinion, that some proof ought to be produced; I immediately rose and professed my wishes to go into an investigation of the case. But, sir, little did I expect that the gentleman would have proceeded to have justified these crimes. Little did I expect that such felonious transactions should have been blazoned into mighty virtues, or that it would have ever been maintained in this court that the person who had failed to plunder the post offices, would have been guilty of a dereliction of their duty. I wish, sir,
to explore the Post Office Laws to see whether they do not contain some provision, prohibiting the introduction of testimony, thus illegally obtained.
At this time the marshal entered; and soon after Mr. Hay informed the court, that col. Morgan was at that time before the grand jury, and they had sent for a letter from A. Burr, to him. Should the letter (holding it in his hand) be sent to the grand jury?—Mr. Botts requested to see it. Here, said he, is a small piece of newspaper attached to it which ought not to accompany it before the grand jury.—Mr. Burr. I have no objection that any of my letters should be sent up; but I trust, sir, it will be separated from this bit of a newspaper, and this comment which Mr. Morgan had attached to it.—The letter was handed to the chief justice; who observed that the only use of the newspaper was to show that at that time col. Burr was at Pittsburg. Mr. Hay said it was nothing more than to refresh his memory.—The Chief Justice decided that it was right to dissever it from the letter: The newspaper itself was no evidence; but if col. Morgan would wish to refresh his memory, there could be no objection.—They were accordingly separated, and then both of them were delivered into the hands of the marshal.
Mr. Burr. The court have very properly demanded some proof of the relevancy of our proposition. Sir, we are ready to prove it: we are ready to prove it upon people on this very ground; and we are ready to name the post offices, if the court requires it, which have been thus plundered.—When it comes out, that evidence has been improperly detained, we shall say, sir, that it is contaminated by fraud.—I will name three persons who have been guilty of improper conduct in procuring evidence against me. These are judge Toulmin of the Mississippi Territory, John G. Jackson, a member of Congress, and general Wilkinson. Two of these persons are within the reach of this court; as well as the improper manner in which they have procured affidavits and witnesses against me. I mention these circumstances for two reasons; 1st. that the court may take whatever steps they think fit to arrest this proceeding; and 2d. that they may understand the way, in which some of the evidence has been contaminated.—Chief Justice. Let the consequences be as they may, this court cannot take cognizance of any act, which has not been continued within this district.—Mr. Hay. Let some specific motion be made and the evidence produced; and if there has been any crime committed, let the offenders be prosecuted according to law. These gentlemen know the course; and I most solemnly promise to discharge the duties of my office, whether they bear against gen. Wilkinson himself, or the man at the bar. If the crime had been committed, it is not the province of the court to notice it, till after an indictment had been found.
Some desultory conversation here ensued, when Mr. Burr observed, that he was afraid he was not sufficiently understood, from mingling two distinct questions together; as to the subject of the post officers, it might rest for the present; but as to the improper means employed in obtaining testimony, they were at this moment in actual operation; some witnesses had been brought here by this practice; and it was one which ought immediately to be checked: He did not particularly level his observations against gen. Wilkinson. He did not say, that the attorney for the United States ought to indict, or that such a crime if committed out of this district was cognizable by the court, unless it was going on while the court itself was in session. In that case, an attachment would certainly lay. Mr. Wirt. I do not yet understand the gentlemen. What is the object of their motion?—Mr. Botts. There is no motion. We shall hereafter make it; we have no other object by the present announcement, than to give gentlemen a timely notice of our intentions.—Mr. Burr. We have sufficient evidence on which to found our motion.—What motion? demanded Mr. Wirt.—Mr. Burr.—I thought, sir, I had sufficiently explained my intentions; I may either move for a rule to shew cause why an attachment should not issue against these persons; or what is sometimes though not so frequently practised, I may directly move for an attachment itself.—Mr. McRae. At whose motion?—Mr. B. At the publick's.
Mr. McRae. A pretty proceeding indeed! that the publick prosecution should thus be taken out of the hands of the publick prosecutor!—Mr. Burr. A strange remark indeed! As if it was not the business of the prejudiced person himself to institute the complaint!
Mr. Hay protested against this proceeding; which was calculated to interrupt the course of the prosecution; and was levelled at general Wilkinson alone. Why these hints? Why these mysterious looks of terror, with which gentlemen come into this court as if they had something too horrible to be told? Mr. H. claimed from the court a priority for the business of the United States. Let the present prosecution be concluded; and gentlemen might then proceed with their investigation into the conduct of gen. Wilkinson.
Mr. Randolph. The gentlemen, sir, will understand this subject much better to-morrow; but as he asked for some intimation of our designs, I thought proper to accompany them with a few remarks.—And sir, if this affair be really so stupendous, as I conceive it to be, if it be true (Mr. Hay exclaimed that it was not) is it not entitled to the most serious enquiry? If this subject bears upon the present case: if it may influence the result of this trial; ought it to be suppressed? Your honour will direct me when to come out; and I assure your honour, that I shall come out with an affidavit of one of the witnesses themselves.
Mr. Hay expatiated at some length; he understood the object of this motion was to affect the materiality of general Wilkinson's testimony; and to

what way? He presumed that the court would not notice the pretended transactions which had been alluded to, in any other way than as amounting to a contempt. As to any offence against the laws of the United States, the true course would be to proceed in the way of a presentment. Now, what are the principles of the law of contempt in relation to this subject? General Wilkinson is said to have taken the depositions of certain persons in New Orleans and then to have brought them here by military force. This is the only ground of the contempt against this court? But how can a contempt be committed?
Either by directly insulting this court; or abusing its process; or interrupting its justice, will it be said that gen. Wilkinson's conduct comes under either of those descriptions?
Gentlemen have very often pleased to put words into our mouths: and on one occasion they have made us to say that gen. Wilkinson is "the pivot of the prosecution." And is it this very pivot which they are now attempting to break down by this precipitate application? Are the communications between the court and the grand jury to be thus interrupted? Is their examination to be suspended, until gen. Wilkinson has been put upon his trial? If these suspected transactions do amount to a contempt of this court, it was not his business, officially to notice it. He should move to postpone the motions of gentlemen, until the prosecution was over; for several reasons—because it would necessarily interrupt the business before the court—because it was intended to impeach the credit of a witness—and because this enquiry could be as well conducted after as before the prosecution.
Mr. McRae. I will affirm, sir, in the presence of this court and the surrounding people, that the charge now adduced against gen. Wilkinson is completely unfounded. I affirm, that no witness has been brought from New Orleans with an affidavit along with him, except one individual, who, refusing to obey the summons of the government, was regularly brought before a magistrate for his disobedience, and dealt with according to the due course of law; and who is now in the custody of a person before this court—All the rest came as good citizens ought to have come; and the only fault which can possibly be attributed to them, if it be a fault, is, that they came in the U. States vessel in which gen. Wilkinson was authorised to come.
Mr. Wickham. May I request the liberty, sir, of making a few remarks upon Mr. Hay's motion? Col. Burr, sir, brought forward his motion in the plainest possible style. There was no imputation; there was no attempt to excite the publick feelings. He merely stated his object in the most general terms. The gentlemen, however, misunderstood him. They required a specification of our designs; and then we promised to satisfy them to-morrow. They still insisted upon a more particular explanation of our points; and Mr. Randolph did rise to gratify them. Nothing, however, seems to please those gentlemen. They not only found fault with the motion, but the face of Mr. Randolph. He will scarcely, however, change his face to please them. It is precisely such a one as GOD ALMIGHTY gave him.
Mr. Hay, sir, has got into parliamentary habits; and talks very fluently of the previous motion. On this subject I will make but one remark. The Constitution had divided the powers of government among these great departments, the Legislative, Executive and Judiciary. These must be kept separate and distinct not only in their duties, but in their practice. The Legislature acts upon convenience, the Judiciary acts upon right. The gentleman, however, seems to think himself suddenly transported to the Legislative hall; and no doubt, would soon think it very convenient to hang col. Burr. He tramples all our judiciary forms under foot; if we make a motion before court, he soon trips up ours with his previous motion. And where is his doctrine to end? We certainly have the same rights as the gentlemen themselves; and as they have moved the previous question, we will move, sir, that the court shall not hear their motion. It is better that we send these parliamentary distinctions to the other side of the house, where they ought forever to remain.
Mr. Hay says, that this motion ought not to be made pendente lite .—Sir, col. Burr ought to have the same justice meted out to him, which is meted to every other person. He stands here on the same footing; and with the same privileges as any other citizen in his situation. I assert that any other man would have a right to this attachment; and that the motion may be made pendente lite , though it is sometimes made afterwards—"Why does he make it at this time? Why does he not postpone it till after the prosecution?" Why, sir, when col. Burr is discharged, and I hope he will shortly be so, he may not be disposed to trouble the court any further—How long this prosecution will last, no one knows; perhaps a week—perhaps longer—it is already going so far beyond our expectations, it is impossible to conjecture. Now, sir, may not similar contempt occur? is it not necessary to restrain certain people, by convincing them that such practices make them liable to punishment?
But what has general Wilkinson done? He has brought witnesses with him from New Orleans by military force. He has taken their depositions too, entirely exparte , for the purpose of keeping their testimony straight.—I lay down this broad position: that the man who goes about collecting affidavits—we have already seen a volume of such at this bar (Mr. Hay, did they come from New Orleans?) I did not say New Orleans:—I might have particularly mentioned Mr. Jackson—who comes here with the depositions of witnesses, thus bound hand and foot—sir, I saw them in this very court examining witnesses with affidavits in their hands and comparing the one with the other; depositions taken not by commission, but exparte ; when an interested agent thus goes about collecting depositions and with ignorant men, shaping them just as he pleases; I avow that they are contrary to the spirit and genius of our government; that they are a contempt upon this court, by interfering with the purposes of justice. Such men are liable to an attachment; and from the very moment when the government took possession of col. Burr's person; not from the moment of his arrest by Mr. Perkins and lieut. Gaines, but from the moment when Mr. Perkins received orders to conduct his prisoner to this city.—Do not gentlemen recollect any instance of libels, upon the courts, when they were actually in session? Such have taken place on this side of the ocean as well as on the other; though not so frequently in Virginia, where printing presses are not
so numerous, nor so extravagant in the license, which they assume—I repeat that whomsoever does any act which influences the administration of justice, is liable to an attachment. Mr. Wickham hoped that the court would hear this motion to-morrow.
The Chief Justice observed, that if the practice could be shown to affect the decision of the jury, while they were in session; the court could not refuse to hear the motion.
THURSDAY, June 18.
As soon as the court assembled, the chief justice delivered the following opinion in the case of Wilkie.
In point of law the question now before the court relates to the witness himself. The attorney for the United States offers a paper in cypher which he supposes to have proceeded from a person against whom he has preferred an indictment for high treason, and another for a misdemeanour, both of which are now before the grand jury, and produces a person said to be the secretary or clerk of the accused, who is supposed either to have copied this paper by his directions, or to be able to prove in some other manner, that it has proceeded from his authority. To a question demanding whether he understands this paper, the witness has declined an answer, saying that the answer might criminate himself; and it is referred to the court to decide whether the excuse he has offered be sufficient to prevent his answering the question which has been propounded to him.
It is a settled maxim of law that no man is bound to criminate himself. This maxim forms one exception to the general rule which declares that every person is compellable to bear testimony in a court of justice. For the witness, who considers himself as being within this exception. It is alleged that he is, and from the nature of things must be, the sole judge of the effect of his answer: that he is consequently at liberty to refuse to answer any question, if he will say upon his oath that his answer to that question might criminate himself.
When this opinion was first suggested, the court conceived the principle laid down at the bar to be too broad, and therefore required that authorities in support of it might be adduced. Authorities have been adduced and have been considered. In all of them the court could perceive that an answer to the question propounded might criminate the witness, and he was informed that he was at liberty to refuse an answer. These cases do not appear to the court to support the principle laid down by the counsel for the witness, in the full latitude in which they have stated it. There is no dictum which takes from the court the right to consider and decide whether any direct answer to the particular question propounded could be reasonably supposed to affect the witness. There may be questions, no direct answer to which could in any degree affect him, and there is no case which goes so far as to say that he is not bound to answer such question. The case of Goosly in this court is perhaps the strongest that has been adduced. But the general doctrine of the judge in that case must have referred to the circumstance which showed that the answer might criminate him.
When two principles come in conflict with each other, the court must give them both a reasonable construction, so as to preserve them both to a reasonable extent. The principle which entitles the United States to the testimony of every citizen, and the principles by which every citizen is privileged, not to accuse himself, can neither of them be entirely disregarded. They are believed both to be preserved to a reasonable extent, and according to the true intention of the rule, and of the exception to that rule, by observing that course which it is conceived courts have generally observed:
It is this:
When a question is propounded, it belongs to the court to consider and decide whether any direct answer to it can implicate the witness. If this be decided in the negative, then he may answer it without violating the privilege which is secured to him by law. If a direct answer to it may criminate himself, then he must be the sole judge what his answer would be. The court cannot participate with him in this judgment, because they cannot decide on the effect of his answer without knowing what it would be, and a disclosure of that fact to the judges would strip him of the privilege which the law allows and which he claims. It follows necessarily then, from this state of things, that if the question be of such a description that an answer to it may or may not criminate the witness according to the purport of that answer, it must rest with himself, who alone can tell what it would be, to answer the question or not. If in such a case, he says upon his oath that his answer would criminate himself, the court could demand no other testimony of the fact. If the declaration be untrue, it is in conscience and in law as much a perjury as if he had declared any other untruth upon his oath, as it is one of those cases in which the rule of law must be abandoned, or the oath of the witness be received.
The counsel for the United States have also laid down this rule according to their understanding of it; but they appear to the court to have made it as much too narrow as the counsel for the witness have made it too broad. According to their statement a witness can never refuse to answer any question, unless that answer unconnected with other testimony would be sufficient to convict him of a crime. This would be rendering the rule almost perfectly worthless. Many links frequently compose that chain of testimony which is necessary to convict any individual of a crime. It appears to the court to be the true sense of the rule, that no witness is compellable to furnish any one of them against himself.
It is certainly not only a possible, but a probable case, that a witness by disclosing a single fact, may complete the testimony against himself, and to every other person, and to every effectual purpose accuse himself as entirely as he would do by stating every circumstance which would be required for the conviction. That fact of itself might be unavailing, but all other facts without it would be insufficient. While that remains concealed within his own bosom, he is safe; but draw it from thence, and he is exposed to a prosecution. The rule which declares that no man is compellable to accuse himself, would most obviously be infringed by compelling a witness to disclose a fact of this description.
What testimony may be possessed, or is attainable against any individual, the court can never know. It would seem then, that the court ought never to compel a witness to give an answer, which discloses a fact that would form a necessary and es-
sential part of a crime which is punishable by the laws.
To apply this reasoning to the particular case under consideration. To know and conceal the treason of another is misprision of treason, and is punishable by law. No witness, therefore, is compellable by law to disclose a fact which would form a necessary and essential part of this crime. If the letter in question contain evidence of treason, which is a fact not dependant on the testimony of the witness before the court, and therefore may be proved without the aid of his testimony, and if the witness was acquainted with that treason when the letter was written, he may probably be guilty of misprision of treason, and therefore the court ought not to compel him to answer any question, the answer to which might disclose his former knowledge of the contents of that letter.
But if the letter should relate to the misdemeanour, and not to the treason, the court is not apprized that a knowledge and concealment of the misdemeanour would expose the witness to any prosecution whatever. On this account, the court was at first disposed to inquire, whether the letter could be deciphered, in order to determine from its contents, how far the witness could be examined respecting it. The court was inclined to this course from considering the question as one, which might require a disclosure of the knowledge which the witness might have had of the contents of this letter when it was put in cypher, or when it was copied by himself, if indeed such was the fact. But on hearing the question more particularly and precisely stated, and finding that it refers only to the present knowledge of the cypher, it appears to the court, that the question may be answered without implicating the witness, because his present knowledge would not, it is believed, in a criminal prosecution, justify the inference that his knowledge was acquired previous to this trial, or afford the means of proving the fact.
The court is, therefore, of opinion that the witness may answer the question now propounded. The gentlemen of the bar will understand the rule laid down by the court to be this:
It is the province of the court to judge, whether any direct answer to the question, which may be proposed, will furnish evidence against the witness.
If such answer may disclose a fact, which forms a necessary and essential link in the chain of testimony, which would be sufficient to convict him of any crime, he is not bound to answer it so as to furnish matter for that conviction.
In such a case the witness must himself judge, what his answer will be, and if he says on oath that he cannot answer without accusing himself, he cannot be compelled to answer.
Mr. J. Randolph entered at the head of the grand jury. He addressed the court:
May it please the court! One of the witnesses under examination before the grand jury, has answered certain questions touching a letter in cyphers. The grand jury understand that this letter is in the possession of the court or of the counsel for the prosecution. They have thought proper to appear before you to know whether the letter referred to by the witness, is in the possession of the court.
Chief justice observed, that as the letter was wanting to establish its identity, it was a relevant paper. It would of course be delivered to the grand jury.—Mr. McRae hoped that before the grand jury retired they would be informed, that a witness had proved that this letter was originally written by A. Burr.—Mr. Wickham. And I hope, they will also be informed, that the superscription on that letter has not been proved to have been written by col. Burr.
The grand jury then retired, and the court adjourned till to-morrow 11 o'clock.
FRIDAY, June 19.
The proceedings of this day, were very uninteresting in themselves and may be condensed within a very small compass.
As soon as the court met, Mr. Burr addressed them: He stated that the express that he had sent on to Washington with the Subpoena Duces Tecum , had returned to this city on Wednesday last, but had received no other than a verbal reply from the president of the U. S. that the papers wanted would not be sent by him; from which I have inferred, said Mr. Burr, that he intends to send them in some other way. I did not mention this circumstance yesterday to the court, under an expectation that the last night's mail might give us further intelligence upon the subject. I now rise to give notice, that unless I receive a satisfactory intimation on this subject before the meeting of the court, I shall to-morrow move the court to enforce its process.
The Chief Justice handed down to the bar, a copy of a letter addressed from Dr. Erick Bollman to the Chief Justice. It was not publickly read, and for that reason Mr. Hay declared that he should not make any remarks upon it. Its contents have not yet transpired.
Mr. Burr's counsel called James Knox and Charles Lindsly, (two of the witnesses for the U. S.) who had drawn up depositions, on which it was intended to ground the attachment against gen. Wilkinson. Mr. Hay interrupted the motion—by stating that he himself had a motion to make to the court, and that was, for leave to send up such written interrogatories to the grand jury as he thought proper to be put to certain witnesses. His reason, was, that some of these witnesses would voluntarily depose to as little as possible; that the grand jury might not always know the particular questions to be proposed to them respectively, and to what point to shape their enquiries; that he himself better knew what they would say, (having seen their depositions;) and that his interrogatories might probably aid the jury in their investigation.—Mr. Martin. I shall object to this motion, unless it is qualified. We cannot send up our own witnesses to the jury, but we may send up our interrogatories. We will assent to the motion of the attorney for the U. States, upon the condition that he will assent to ours.
Some conversation ensued upon the motion for an attachment; when the Chief Justice asked, if the papers could not be put into his hands, and the argument take place to-morrow. He wished to consider the question before it was discussed.—Mr. Hay approved of this course: it would prevent the publick exhibition of these affidavits, which were drawn up for the sole purpose of defaming gen. Wilkinson; he would say nothing about the quarter of the persons from whom they came; or the deadly hatred which they had conceived against him: that he had merely glanced his eye at a single expression in one of these papers,
which was as impudent a falsehood as ever malignity had uttered: the court might compare these papers with the law, and determine whether they would justify an attachment or a rule.
Mr. Randolph spoke at considerable length. He was disposed to postpone this subject till to-morrow, but from the moment when he heard Mr. Hay's anticipating speech he was opposed to all delay. He had produced documents to support his motion and yet according to Mr. Hay it was dictated by nothing more than the policy to defame gen. Wilkinson. Mr. Hay had wandered into the very error which he had charged to us. He had called upon the court to defend the character of gen. W. the defender of his country, who is to come through the fiery furnace purer than gold; and yet he has himself charged the witnesses now before the court with malignity and rancour.
Mr. Botts.—Why do gentlemen object to the present motion being heard, when they have so often insisted upon their own right to be heard by the court? Why do they reproach us with shrinking from the evidence, when they are now attempting to screen their favourite witness general Wilkinson from a fair investigation of evidence? Does Mr. Hay desire that the character of these men should be immolated to this saviour of his country? The constitution has recognized the equality of man.—Though these gentlemen may not be tricked out in the tinsel of military pomp; their rights as citizens and the respect due to their characters are the same with those of any other man.
Mr. McRae at some length expatiated upon the impropriety of animadverting at this time upon the character of gen. Wilkinson. The court had already said that no step should be taken, which would affect the justice of the case; and it was therefore much better for the court to pursue the suggestion which they had thrown out; to examine the papers in private and see whether the affidavits were relevant to the point; than to prejudice the justice of the case by a publick exhibition of these affidavits.
Mr. Wickham protested against the secret tribunal to which gentlemen wished to resort, for stifling enquiry and murdering character. The gentlemen who have made these affidavits are upon their oaths. Is it right for the United States' counsel to charge them with perjury?—Mr. Hay denied having made any such assertion. He had merely alluded to one expression in their affidavits, which was too monstrous to be believed. But why all this feeling on the present occasion, when gentlemen have so often charged gen. Wilkinson with perjury?—Mr. Martin. When did we charge him with any other perjury, than that of violating the constitution which he had sworn to support? Is not this notorious? Are not Swartwout and others here to prove it? We did not say that gen. Wilkinson was ready to perjure himself; but merely that he had every thing now at stake, and would go almost all lengths to hang col. Burr.
After some other discussion, Mr. Burr agreed to place the papers into the hands of the court, and to waive his motion till to-morrow.—Chief Justice. Reduce the motion to writing.—Mr. Burr. It is only upon the affidavits of Knox and Lindsly to move for a rule to show cause, why an attachment should not issue against gen. Wilkinson.
Mr. Martin hoped that as col. Burr had postponed his motion, the attorneys for the U. S. would postpone theirs.—Mr. Hay refused upon the ground, that the witnesses were now before the grand jury, and that his interrogatories would be necessary to direct their enquiries.—Mr. Burr. I instructed my counsel to consent to this motion upon the condition, that I should also be permitted to send counter-interrogatories.—Mr. Hay did not feel himself at liberty to acquiesce in such a proposition. He would rather trust to the distinguished intelligence of the grand jury.
Some conversation ensued upon the form of the motion relative to the attachment. The attorneys for the U. S. insisted upon a specification of the conduct for which it was to issue. Why not insert that it was to be for a "contempt of court;" why not particularize the very circumstances in gen. W's life, which constituted this contempt.—Mr. Burr said that the specification was to be found in the two affidavits; and that it was from delicacy to gentlemen, he had not attempted to make these affidavits matter of record by introducing them upon the face of the motion.
The motion was at length amended by introducing words to the following effect: "for a contempt, in obstructing the administration of the justice of this court."
The court adjourned till to-morrow 11 o'clock.
LONDON, May 8.
Extract of a letter from an officer on board of admiral Duckworth's fleet.
Off the Dardanelles, March 7.
French interest having prevailed at Constantinople, our squadron sailed from Abydos Bay to this anchorage, to wait for a reinforcement, which arrived with Sir J. T. Duckworth, consisting of the Royal George, Windsor Castle, Pompee, Ajax, Repulse, Meteor and Lucifer bombs, which with our squadron, consisting of the Canopus, Thunderer, Standard, active and Endymion frigates, gave us every hope of success. Nothing was wanting but a fair breeze, which sprung up on the morning of Feb. 19, when the signal was made to weigh and prepare for battle, with springs on the cables. The anchors flew to the cat heads: never were men keener to do their duty. At seven we formed the line of battle, and bore up for the Hellespont. At half past seven the Asiatick castle opened its fire on us, as did that of Europe. The admiral made the signal, that the ships were at liberty to fire on the enemy as they passed.—We treated them with contempt; we did not fire a shot, but wisely reserved our fire for the formidable pass of Sestos and Abydos, with the Turkish squadron at anchor a little above it in a deep bay, flanked by a battery of 31, 112, 32 and 24 pounders, with an innumerable host of cavalry and infantry. At nine, the Castle of Sestos opened its fire on the Canopus, our leading ship—a most tremendous one it was.
The passage is about a mile and a quarter over—close to the water are two large castles, of three tiers of guns each. The lower tiers (be not astonished at what I advance, as I have seen and felt what I describe,) consist of immense brass guns, that throw a ball of 800lb. weight; others of 772 and 546. One of the latter entered the main deck of the Canopus, killed three men, and badly wounded 14.—Above this dreadful battery, are two others of 112 pounders, several flanking guns in the towers, and a well built mud battery close to the castle. All this

we passed, and, considering the opposition, with very little loss. At length we came to their squadron commanded by the Captain Pacha. Our van fired on them as they passed, but it fell to the lot of the rear to finish the work. The Pompee, Thunderer, and Standard, and Active frigate ran into the midst of them. Our situation was happy. Three of them in trying to make off, ran foul of each other. We poured into them round and grape, until they became so sick of their births, that they ran ashore. Sir Sidney made the Standard's signal to board and destroy them. Captain Nichols, of the marines performed this service with equal judgment and intrepidity. One of his men James Daly, was shot through the eyes. The troops on shore kept a brisk fire upon him, but as soon as he got their own guns to bear upon them, he soon drove them off, and struck the flag of the Captain Pacha, and set his ship on fire. Here he had a providential escape: he had not quitted her one minute, when she blew up with a dreadful explosion. He collected the marines in the boats, landed, took the fort, which he partially destroyed, and spiked thirty-one guns, 112, 32 and 24 pounders. All the other ships blew up at intervals.
The Admiral, seeing the business completed, made the signal to proceed, and on the 20th, in the evening, we anchored off Prince's Isles, about 5 miles from Constantinople.
From the 20th to the 28th, we had flags of truce every day passing and repassing, and we were told the Turks would come into all our terms, but that they could not be so expeditious in their deliberations as in England. However they can build batteries and fit out ships quick enough; for they managed to get so many guns mounted, and so many ships fitted out, that it was thought prudent to beat our march back again; but not before we had a duel with a few of them that landed on Prince's Island, to throw up works under our noses; and a most calamitous one it was, as it cost us two brave officers and eight men killed, and six officers and twenty men wounded.
On the 1st of March we commenced our retreat, and on the 2d in the evening, anchored between Gallipoli and the Dardanelles. On the morning of the 3d, the signal to weigh, and form the line of battle in close order, was made. We had a bomb in tow. The leading ship tried the stratagem of a salute, which was returned with shot. The engagement commenced. The fire of the Windsor Castle was brisk and effectual. She was our second ahead. Our fire was good; I saw several of our shot go into their embrasures, and dismount one gun on the top of the castle. But our fire was silenced by one shot that came into the lower deck from Sestos, of 772lb. weight. It caused two explosions of powder; it killed four men; wounded 41, and blew four out of the ports, who were drowned. We were obliged to leave our guns to extinguish the fire. This was done, but smoke hanging in the cockpit and tiers, prevented our firing again. You could with ease have crept through the hole made by that shot. The deck was covered with slinters, and the four men that were killed were hove overboard piecemeal. The wounded were dreadfully burnt. Lieut. Harrington is a shocking spectacle; but he would not quit the deck until the fire was out. One of the poor fellows died last night of his wounds, and several must soon follow.
Yesterday we were joined by seven Russian ships of the line and two frigates, with seven thousand troops. What will be our next service I cannot tell, but celerity of movement is indispensable, as we find that the Turks are very expeditious in erecting batteries and fitting out ships.
May 11.
Dutch papers to the 5th inst. have been received. They are barren of news. The Russian army of reserve in Lithuania, which has broken up for the head-quarters, comprises 90,000 men.
Konigsberg is to be the future head-quarters of the emperor Alexander and the king of Prussia.
It is believed that Austria, which has an effective army of 250,000 men, will take an immediate part in the war against France.
The Moniteur of the 29th ult. contains the decree adopted in the meeting of the senate, on the 7th ult. pursuant to the emperor's message, for calling out 80,000 conscripts of the year 1808.
His Swedish majesty, we understand, has refused to ratify the inglorious armistice concluded by gen. Essen with Mortier. Intelligence to this effect has been brought by a gentleman who left Hamburg so late as Saturday last.
Captain Giese, of the Dolphin, arrived in town on Saturday from Dantzic, bringing accounts from thence to the 20th ult. At that period the French and Polish troops, which had been employed in the siege of Dantzic, has fallen back several miles, and it was supposed that part of that corps had been ordered to reinforce the grand army; the battering train to be employed in the siege had, however, on the 18th, arrived at Zuchoff.
We lately stated, that an opinion prevailed in the political circles, that the belligerent powers upon the continent are negotiating a peace. That opinion we find, is gaining ground, and to it is imputed the long pause in the military operations. This country is confidently presumed to be a party in the negotiation.
On the 21st of March last, the anniversary of that memorable day, on which the brave Abercrombie conquered and fell in Egypt, did his gallant countryman, general Frazer, with a British force, take possession of Alexandria. We gave some particulars of this achievement in our paper of Saturday, and in the course of the day the following official communication was made to the Lord Mayor:
"Admiralty-Office, 9th May. "By dispatches received this morning, from vice admiral lord Collingwood, dated 27th of April, inclosing a letter from capt. Hallowell, of the Tigre, dated off Alexandria, 24th of the preceding month, it appears that the transports containing his majesty's land forces, under command of major-general M. Fraser, appeared off that place on the 17th, when a partial landing was effected, and a summons sent to the governor; and that upon a junction of the remainder of the troops, on the 20th, a capitulation was entered into, by which the city and fortresses, with two frigates and a corvette in the harbour, were surrendered to his majesty's arms." "The right hon. the Lord Mayor."
Admiral Duckworth's squadron arrived off Alexandria two days after the capture of the place. The admiral has returned to Sicily with the Royal
George, Pompee, Repulse, and another ship of the line.
Sir T. Louis remains at Alexandria with the Canopus, Tigre and Standard, of the line, the Apollo and Active frigates, and the Wizard sloop.
The Windsor Castle has been obliged to go to Malta, to repair the damage she sustained in passing the Dardanelles.
On the 21st a detachment of nearly 4000 men, marched from Alexandria against Rosetta. The natives received our people with the warmest demonstrations of joy.
The troops employed on this service were, the first battalion of the 31st, first and second battalions of the 35th, second battalion of the 78th regiment, De Rolle's regiment, four troops of the 26th dragoons, three companies of artillery, and two of artificers.
Letters were received on Saturday at the post-office from Varel, dated the 5th instant. The French in the daily expectation of the appearance of a British army in the Elbe, have made arrangements for abandoning the neighbouring country, from which they are removing every thing of value. They have carried off all the artillery belonging to the city of Hamburg, as also ten waggon loads of cannon balls. At Bremen, Lubeck, Rostock, Laubourg, &c. they have adopted a like conduct, and with a view to the ready concentration of their troops, in the event of invasion, they have thrown two bridges across the Elbe at Artlenburgh.
Capt. Walters, of the Hoffnung, who arrived on Saturday in the river from Varel, heard at the custom-house, while waiting for his papers, that the Russians had obtained some important advantages over the Turks in Bulgaria.
ARTICLES OF THE CAPITULATION
For the Surrender of the City of Alexandria. Said Mahamed Naim Effendi being commissioned by his Excellency Emen Bey, the Governor and Hagg Mahamet Katap, Seig Ibrahim, chieftain of the people, accompanied by Signor Antonio Goddard, propose to place the city and forts in the possession of the commanders in chief of the land and naval forces of his Britannic majesty, his excellency major-general Fraser, and capt. Hallowell, upon the following conditions:
 1. All private property of individuals, whether on land or embarked, shall be respected. The religion of the inhabitants, their mosques, and their laws, shall be respected, as well as their houses and families.  2. The commandant, his excellency Emen Bey, as well as the commandant of the marine, Satak Aga, and Mahamed Naim Effendi, with all the official retinue of the government, the troops and the crews of the vessels belonging to government, shall be sent to a port of Turkey, with the arms and baggage of individuals; but they are to consider themselves as prisoners of war, and shall not be engaged to take up arms against the British forces, or their allies, until exchanged.  3. The vessels belonging to the government, and all publick property, shall be given up to the British forces, and commissaries shall be appointed on both sides to make an inventory.  4. All Ottoman vessels belonging to individuals, and all vessels belonging to private subjects of the Sublime Porte, which shall be found within Alexandria, shall be respected. Such persons as wish to remain in the country, shall have liberty to do so, if their conduct and characters shall make it safe; and those who wish to depart may carry with them their properties, and shall be furnished with passports for landing in any port of Turkey which shall not be blockaded.  5. There shall be a general amnesty for all the inhabitants, nor shall any notice be taken of the conduct they may have held during the defence of the place.  6. There shall be no seizure of the property of individuals, if they shall not become enemies of Great Britain.  7. The gate of Rosetta shall be placed in the hands of the forces of his Britannic Majesty, as well as fort Cretin and fort Cafarelle. 
From the camp without the city of Alexandria, the 20th March, 1807, or the 10th of the month Maharen, of the year 1222.
(Signed) Said Mahamed Naim Effendi.
Hagg Mahamet Katap.
Seig Ibrahim Basa.
(Signed) Alex. M. Fraser, Mag. Gen. commanding his Britannic Majesty's troops. Ben. Hallowell, Captain of his majesty's ship Tigre.
The Thespian Society, having taken into consideration the resolutions passed by the meeting of the Citizens of the Borough this day, will perform the Tragedy of the BROTHERS, and the entertainment of the ANATOMIST, This Evening; the proceeds to be appropriated to the relief the sufferers on board the Chesapeake.
Sale Postponed.
On MONDAY, 29th inst. will be sold at the navy yard, at 12 o'clock, The United States, Brig DOLLY, 172 69-95ths tons, with her guns and apparel, said to be built of live oak and cedar timbers, and coppered to the bends; an inventory of her materials will be left on board at the navy yard, for the inspection of those who incline to purchase. Negotiable notes will be required of the purchaser, with approved endorsers, payable one quarter in three, one quarter in 6, and the remainder in 12 months. Boats will attend at the publick wharf to carry those to the navy yard who incline to attend the sale.
Thomas Newton, Collector.
The Revenue Boat DISCOVERY, will be sold the same day, if not before sold at private sale. June 24. tds
For LIVERPOOL.
The Ship MINERVA, Capt. H. Keele, will sail by the 20th July, three fourths of her cargo being engaged. For freight of the balance or passage, having good accommodations, apply to Messrs. Brown & Reeves, Richmond; Wm. Bowden, Esq. Petersburg, or
Alexander Leckie, or Thomas Willock.
June 24.
A FREIGHT is wanted
For the Sloop New-York Packet, burthen about 600 barrels, to the West-Indies, if application be made immediately to Christopher Fry.
June 24.
For CHARLESTON.
The Schooner PLOUGHBOY, F. Hall, master, a regular packet, will sail on Sunday next. For freight or passage, apply to the matter on board at Warren's wharf, or
Daniel R. Waddey, & Co.
June 24.
THE PUBLICK LEDGER.
WEDNESDAY EVENING, JUNE 24, 1807.
We are now to present our readers the details of a most unexampled outrage, in the perpetration of which the blood of our countrymen has been shed by the hand of violence, and the honour and independence of our nation insulted beyond the possibility of further forbearance.
At a very early hour yesterday morning a report reached this place, which produced a degree of agitation beyond any thing we ever witnessed or can attempt to describe. It was reported that on the preceding evening the Chesapeake Frigate, which had gone to sea that morning, had been attacked by the British ship Leopard, Captain Humphries, of 50 guns, and that the Chesapeake had struck her colours. Altho' the source from whence this information was derived was not such as to deserve the highest consideration, yet it was stated in that way, and attended with such circumstances, as left but little hope that it was not true. Accordingly every vessel or boat from the Capes was boarded with great anxiety, and which was not relieved until about 2 o'clock, when pointed information was received that the Chesapeake was returning to Hampton Roads, without shewing any colours. About 4 o'clock all doubt was relieved, by a spectacle which was calculated, and did not fail, to rouse the indignation of every American present, and we trust that it will never subside until ample satisfaction has been made—eleven of our wounded fellow citizens arrived in a boat dispatched from the Chesapeake, and now we learned the following particulars, which we believe are correct.
The Chesapeake Frigate, Captain Gordon, under Commodore James Barron, got under way on Monday morning, and proceeded to sea, passing the Capes about 12 o'clock—At 9 o'clock the Leopard by signal from the Commodore's ship had got under way and stood out to sea. About 3 o'clock the Chesapeake and Leopard approached, when the customary signal of firing a gun to leeward, the signal for friends was made from both ships. Being about 3 leagues from the land, the ships came within hail, when the commander of the Leopard hailed, and hoped Commodore Barron was well, and informed that he had dispatches for the Commodore. The ships hove to and a boat came on board the Chesapeake, with a letter from Captain Humphries. In this letter was a copy of one from Admiral Berkley at Halifax, to all the British commanders on this station, in which they were ordered to demand from the commander of the Chesapeake four British seamen named in the letter, and that if they were not delivered by fair means to use force. Captain Humphries stated in his letter that as Commodore Barron would perceive that his orders were peremptory he hoped that he would not oblige him to execute them by force. Commodore Barron returned an answer to the letter, in which he stated that the orders of his government forbid him to permit his vessel to be searched, or to deliver a man from her. The boat from the Leopard had no sooner returned on board, than a gun was fired ahead and a stern of the Chesapeake, and instantly followed by a broadside from the Leopard, accompanied by swivels and small arms. Six other broadsides followed, the two ships then within pistol shot.
On board the Chesapeake all was astonishment, the ship was unprepared for action, no man at his quarters, and some of the officers at dinner. In this situation Commodore Barron hailed the Leopard repeatedly without effect; he then ordered the Colours to be struck; as this was doing, a gun from the Chesapeake was fired, upon which the Leopard fired another broadside. The colours being now down, an officer was dispatched to the Chesapeake, who on coming on board expressed some regret on behalf of his commander for what had happened. He was received with great indignation by the American officers, who tendered their swords, which he refused, saying that he wanted the four men & nothing more, and demanded the muster roll, which was produced by the Purser, and then was exhibited the degrading spectacle of nearly four hundred Americans mustered on the deck of an American Man of War, by order of a British lieutenant and four of the crew taken away. The lieutenant said he was desired to make Commodore Barron an offer of any services in the power of his commander. It would be needless to say in what manner such an offer was received, it was considered as an aggravation of the outrage which had been perpetrated. The British officer refusing to consider the Chesapeake as a prize, departed, informing Commodore Barron that he was at liberty to proceed whither he pleased. The Commodore returned to Hampton Roads, as before stated. We are sorry to add to this account that three of the crew were killed, and sixteen wounded, some of them dangerously. Commodore Barron was slightly wounded in the leg, and one Midshipman. The ship is greatly injured in her hull, masts and rigging, and must be repaired before she can go to sea. Such are the details of this affair, which we believe are substantially correct, being mostly furnished by a gentleman who was on board the Chesapeake last evening.
It is impossible that on such an occasion, there can be but one sentiment in the heart of every American. The independence of our country has been attacked, and in defending it our fellow citizens
have been killed. Submission to the demand made on Commodore Barron could not have been made, without relinquishing our right as an independent nation. Every national ship is considered as a part of the nation's territory; as well might the government of Great Britain instruct her officers to land in our country and assume the right of punishing those who have offended her laws, as to enter our ships of war for the same purpose. This is not the act of a rash imprudent commander, but acting in execution of the deliberate orders of his superior officers, if not from the highest authority of the British government, and we shall state our reasons for so thinking.
In the month of March the Halifax sloop of war, commanded by lord Townsend, was lying in Hampton Roads, and one of her boats with four men and a petty officer was sent on some duty. Being out of the reach of the guns of the Halifax, or being unobserved, the men rose upon the officer, and once threatened to throw him overboard, this however they did not do, but pulled for the shore, which they reached and proceeded to this place where they entered with an officer then engaged in the enlistment of men for the Chesapeake. A formal demand was made to have them delivered up. The civil authority refused to interfere, and the officer who had enlisted them did not think himself authorised to deliver them without orders from his superiors. The case was represented to us at Washington, but what passed there on the subject we know not. The men were not delivered up, and were believed to be on board the Chesapeake. We are confident that a representation of the case was made to the British government, whose orders we apprehend were to take the men wherever they were to be found. Our readers will be informed that the Leopard arrived here only a few days since, and brought the orders of the admiral at Halifax to take the men at all events and under any circumstances. It may be objected that there has not been time to hear from England since the circumstance respecting the Halifax occurred, which we think was about the 9th or 10th of March, but we know that answers to letters written to London as late as the 20th of March have been received here. However this may be, the captain of the Leopard has acted under the orders of his superiors, and as such, the act claims the serious attention and resentment of the people and government of this country. It is no justification to say, that the men ought to have been surrendered in the first instance. We shall not stop to examine that subject now, but whenever matters of dispute between nations is settled by force, then it is war; unless from fear, or something worse, one of the nations is disposed to submit, which we trust and believe is not the case with the United States. It is the established usage for nations, who are not determined upon hostilities to seek redress by negotiation, and certainly America has pursued that course with Britain on many occasions. If this act then is to be ascribed to the British government, there is an end of all further negotiation on the subject, and war must be the result. Greatly as we always have deprecated war with that country, conscious as we are, that our country will experience infinite distress, we look upon it as degrading beneath contempt, if we are to submit to such insult—No—we trust, that there will be but one heart and one hand in supporting the just rights, and the honour of our country. If the act has not proceeded from the government of England, we persuade ourselves that our government will not want the unanimous support of its citizens in pursuing measures for the obtention of ample satisfaction.
We cannot close these remarks, without noticing the manly and dignified conduct of the citizens of this place, under this trying occasion. Exhibiting that cool but firm countenance, which is the true indications of determined courage; no act of violence was committed, or intemperate expression used towards the British subjects, who happen to be here at this time; and it would be an act of injustice to the latter, if we did not add, that from every thing we could hear and see, they were penetrated with the deepest concern upon the occasion.
In consequence of the outrage which we have detailed in the preceding article, a Town Meeting was convened this morning at the Town Hall, which on account of the great concourse assembled, was adjourned to the large Church. The meeting adopted many resolutions upon the subject, which we cannot obtain for this day's paper. In substance they went to express the horror and indignation excited by the occasion. A determination to support with life and fortune, the government in obtaining satisfaction. It was determined to refuse all intercourse with, or to furnish supplies to any of the British ships of war. The Pilots were invited to refuse to conduct any ship of war into our waters. Committees were appointed; the people in all the United States were invited to co-operate in these resolutions, and to hold as infamous all who should violate them, or refuse co-operation. There were some others which we do not well remember. The meeting was conducted with great moderation and temper, when the occasion is considered.
For NEW-YORK.
The Schooner JEFFERSON, John Carlton, Master, will sail on Thursday next. For freight or passage, apply on board at Warren's wharf. June 24.

For Freight or Charter, The fast-sailing ship AUGUSTUS, Edward Howe, master, burthen 400 bds. tobacco, can be ready to receive a cargo in five days. Apply to the master on board, or
Phinehas Dana. June 22.
For Freight or Charter, The fine Schooner FAIR AMERICAN, Edward Pritchard, master, burthen 750 barrels. For terms apply to the master on board, or to
Daniel R. Wadley, & Co. June 22.
For Boston, The Schooner MERCURY, Elias Swift, master, will sail on Sunday next. For freight or passage, apply on board at Warren's wharf.
June 22.
For Liverpool, The new copper fastened Ship POCAHONTAS, C. Tompkins, master, will sail about the 15th next month, her cargo being all engaged. For passage only, having good accommodations, apply to the master on board, or
Wilson, Cunningham, & Co. June 19.
For Philadelphia, The Sloop HANNAH, William Hill, master. For freight or passage, apply to the master on board at Maclure's wharf, or
Daniel R. Wadley, & Co. Who have for Sale, a-boat,
1400 bushels Indian CORN. June 19.
For SALE—A-float, 300 barrels superfine FLOUR.
Wanted to Charter, For a Port in Ireland, a SHIP of about 200 tons burthen. JAMES HERRON.
June 19.
For Freight or Charter, The fast sailing coppered Ship WOODROP SIMS, Thomas J. Haynes, Master, 400 hogsheads burthen, now ready to receive a cargo; a freight to Liverpool would be preferred. Apply to the captain, or
Shanks & Binford. June 19.
WANTED, A good fast-sailing VESSEL, of 1200 barrels burthen; immediate dispatch will be given by
C. & F. Whittle. For Sale on a long credit,
50 puncheons Grenada RUM. June 17.
For Freight or Charter, The fine new fast sailing Ship UNION, Miller Smith, master, 235 tons burthen, will carry 300 hogsheads tobacco, now ready to receive a cargo. Apply to the master on board, or
Phinehas Dana. June 17.
500 barrels superfine FLOUR, of very superior quality, 41 bales upland Cotton. For Sale by
C. & F. Whittle. Who want
A SHIP of 200 to 250 hogsheads burthen, for Europe; and two SCHOONERS of 700 barrels, each for the West Indies.
June 15.
For Freight or Charter, The American registered Ship MINERVA, capt Henry Keele, burthen 300 tons or 400 hogsheads tobacco, will be ready to receive a cargo in five days—a freight for Liverpool would be preferred. Apply to
Alexander Leekie, or Thomas Wilcock. Who are landing from said Ship, and for sale,
200 puncheons RUM. June 15.
For Freight or Charter, The elegant fast-sailing coppered Ship HERALD, Deane, master, burthen 325 tons. For terms, apply to
Moses Myers. June 8.
For Sale, Freight, or Charter, The fine fast-sailing Ship ROSE, 300 tons burthen, now ready to receive a cargo. Apply to
WM. HARTSHORNE, Jun. June 3.
For Freight or Charter, The good Sloop DIRECTOR, James Tarlington, master, burthen about 800 barrels, in complete order. For terms apply to
Richard Bowden, & Co. June 1.
For Freight or Charter, The good Ship FRANKLIN, Thomas L. Quivesberg, master, burthen about 15 to 1600 barrels, and will be ready for the reception of a cargo in a few days—a freight to Bordeaux or to the Havana would be preferred. Apply to
Wilson, Cunningham, & Co. May 29.
For LONDON, direct, (Will sail by positive agreement the first week in July, or sooner.) The Ship ALMIRA, Job Whipple, master, having two thirds of her cargo engaged. For freight of the remainder or passage, having excellent accommodations, apply to the master on board, or
N. Heron. May 27.
For Freight or Charter, The Brig ROEBUCK, Tho's Bolan, master, burthen 270 bds. tobacco; a freight to France would be preferred. Apply to
Noble, & Arthurnott, & Co. April 3.
For RENT, (and possession given immediately,) MY WHARF and WARE-HOUSES, at present occupied by Mr. John Moore, and others—It is the best situation in the Borough for a Lumber Yard, and will be let low to a good tenant. Also to Lease,
That convenient Lot of LAND, on Commerce and Little Water-Street. For terms apply to
James Tucker. May 20.
For RENT, The Store and Dwelling-House, on Market-Square, at present occupied by Mess. Quemper & Duan. Apply to
William B. Lamb. WANTED,
A few Shares Virginia Bank Stock. April 13.
ICE.
The lovers of ICE can be furnished with that article at the most moderate price, by applying at the cellar under Mr. Augier's, corner of Main and Market-Street.
June 22. 2aw4w
THE SUBSCRIBER Returns grateful acknowledgments to his friends and the public, for the patronage he met with during the long time he has sailed a packet between this place and Alexandria, and takes this opportunity of informing them that he has disposed of the Packet Sloop GEORGE, in which he has now no right or title, and requests those who have any claims prior to this date against said Sloop, to bring them in for settlement.
Tristram Butler. June 22.
3000 bushels Northern CORN, of superior quality, for Sale by
William Dickson. June 22.
THE SUBSCRIBER Has lately received per the ship Dumfries, from Liverpool, and just opened for sale in the Cordage and Leather Store of Mess. Wm. Plume, & Co. A general assortment of
SHIP CHANDLERY, Among which are the following articles of superior quality, viz.
British CANVAS, from No. 1 to 8,
Paints in kegs and pots, ground in oil,
Powdered Venetian Red, Putty in bladders, refined Salt Petre,
Green Copperas, Spikes, Nails, &c. of all sizes,
Stock, Pad, and Stewarded Draw Locks, Charts, Compasses,
Quadrants, and Spy Glasses, Seamen's Journals, Paper,
Ink Powders, Quills, &c. Sheathing Paper, Velvet Corks,
Cork Wood, Shot in bags, Pig and Sheet Lead,
Copper Scales and Weights, Tea and Camp Kettles,
Spades and Shovels, Butchers' Cleavers, &c.
Mill, Whip, X Cut, Hand, Pannel, and Mitre Saws,
Carpenters' Tools of every description.—All of which will be disposed of on moderate terms for cash or approved paper.
J. Moran. June 8.
John & Wright Southgate, Have received by the Hunter, from London, an assortment of
GOODS, suited for the season.
ALSO, A few patent and grand Piano FORTES.
May 1.
Landing this day from on board the British Schooner Friendly Intention, capt. Swan, 130,000 wt. prime Green COFFEE, 11,000 do. Cocoa—We will dispose of it on liberal terms.
C. & F. Whittle. In Store,
Antigua Sugars, Jamaica Rum, Madeira Wine, now fit to use,
Burgundy Hermitage, and Claret in cases of 2 dozen each,
Jamaica Coffee.—Apply as above.
We want a small VESSEL of 300 barrels, to run out to Bermuda. June 8.
For SALE, 230 Barrels of PORK.
Apply to
Richard & John Taylor. May 25.
For Rent or Lease, The HOUSE now in the occupancy of Mess. Caton and Veale, fronting the Market; it contains an excellent Cellar, a Dry Good Store, and two Rooms below stairs, and three above; a Kitchen may be had with the house. Apply to Mess. Caton & Veale, or to
Robert Taylor. May 4.
We want to Purchase, A few Shares of STOCK in the Virginia Bank.
Campbell & Wheeler. May 22.
For Sale by the Subscribers, 3000 bushels Northern CORN,
10 pipes fourth proof Bourdeaux Brandy,
40 puncheons Grenada Rum, 50 do. Tobacco do.
30 do. old Antigua do.
12 pipes London particular Madeira Wine,
A few quarter casks Colmenar Wine,
100 hogsheads prime Molasses,
200 barrels prime Pork; Liverpool stoved Salt loose and in sacks; Cotton and Wool Cards assorted in small boxes; Fine and Superfine Flour; Pilot Bread, &c. Apply to
Donaldson, Thorburn, & Co. June 19. Lee's wharf.
NOTICE. The subscribers having obtained administration on the estate of TAFFEE O'CONNOR, request those indebted to make payment, and those having claims to render the same immediately.
Thos. H. Parker, Fred. Heerman & Son, Admrs. June 19.
For SALE, By JOHN TABB, No. 3, Commerce-Street,
488 barrels FLOUR, Richmond inspection, principally superfine.—Also,
70 barrels whole Herrings, in good order for exportation.
June 19.
For Sale by the Subscriber, 5 hogsheads Loaf SUGAR,
42 boxes Window Glass 10 by 12,
83 pieces twilled Sacking.
A. Maclure. April 27.
For RENT, (until September next,) That commodious brick Dwelling- House, lately occupied by the subscriber, situated on Catharine-street, opposite to Mr. Richard Bagnall's, and next door to Mr. Thomas Gatewood's, well calculated for a family. For terms apply to
Richard Bowden. June 1.
Leather, Cordage, and Loaf Sugar. The subscriber will hereafter expose for Sale at his Warehouse on Campbell's wharf the above Articles, of the manufacture of Norfolk, at reduced prices for Cash, or on short credits only.
Theo. Armistead. He will sell or lease for a term of years, the STORES at the end of Marsden's and Rothery's wharves.
Feb. 20.
A WORK
That ought to be in the possession of every MAN.
THE LIFE OF GENERAL WASHINGTON, Complete in 5 volumes 8vo. with an elegant PORTRAIT, and a variety of MAPS, is now ready for subscribers, and a few copies for Sale by JAMES TUCKER.
The following remarks from a late London publication, attest the high opinion entertained of this authentick and interesting work.
"The public will learn with interest that the literary monument which has long been projected to the memory of the most illustrious character of modern times, is at length completed. No apology can be requisite for erecting such a monument to him, who was the first in war, the first in peace, and the first in the hearts of his fellow citizens: to him who was the founder of a great and prosperous empire, and whose moderation and pure patriotism challenge the imitation of all statesmen. This performance of judge Marshall has already been distinguished by the most honorable & unequivocal testimonies; it has been hailed as an acquisition to standard literature; and it has been considered as deserving, in point of execution, a place by the side of Robertson's Charles the Fifth, and as unrivalled in the authenticity of its materials, by any work in the entire compass of history and biography."
April 1.
NOTICE. The Street Commissioners will allow to all Craft from the rivers and shores of the bay, One Dollar per ton for every ton of good round paving Stone, which may be delivered upon their wharf in Norfolk, between this time and the 20th June next.
May 11.
400 barrels Tar, 20,000 pipe Staves, 30,000 White Oak Hogshead do. 50,000 Red do. do. 100 Barrels Flour.—For Sale by
L. Mansfield. Portsmouth, May 8.
FOR SALE, 50,000 white oak hogshead draw Staves 50,000 red do. 30,000 rough do. 20,000 Cypress Pales 2,000 Cedar and Chinquepin Posts 50,000 building Shingles.
Proby, Harmanson & Co. March 2.
200 boxes Mould CANDLES, 30 half boxes brown Soap, 10 boxes white do. 60 bags Coffee, 5 tiers do. prime green, 4 hogsheads and 10 barrels loaf Sugar, 18 do. Muscovado do. 10 quarter casks old Sherry Wine, 2 hds old L. P. Madeira do. 3 hds. Red Port, 50 do. retailing Molasses, 15 crates well assorted Queen's Ware, Country Rum and Gin in hds. and pipes—For Sale by
Phinehas Dana. June 8.
EDUCATION. Notice is hereby given that the trustees of Margaret Academy, in the County of Accomack, have engaged Teachers and made the necessary arrangements to commence said School on the 8th day of June next.—In this Seminary will be taught the English, Latin, and Greek Languages, Geography and the Mathematics. The Teachers are graduates of Yale College, in Connecticut, and come highly recommended as gentlemen of learning and irreproachable moral characters. The buildings are erected on an eminence which commands a fine prospect of Pungoteague river and the Chesapeake, and is supposed to be inferior, in point of health, to no situation on the Eastern Shore. The Scholars who board in the School must find their own bedding, and also make an advance to the steward of Twenty-five Dollars.
May 25.
THE SUBSCRIBER Being authorised by the Portuguese Consul General, to furnish the necessary certificates for property, and countersign Bills of Health for vessels going to Portugal or Madeira, advises those whom it may concern, that he will grant such an application at his office, No. 21, Main-street.
Robert Dickson. June 13.
I wish to purchase from 3 to 400 cords of Oak & Beach Bark, to be delivered at my Tan-Yard, for which cash will be paid at the usual prices.
Complaints having been frequently made by persons who procure Bark, and are too careless to preserve it, that oppressive deductions are made for that which may be damaged, thereby subjecting them to the alternative of carrying it home, where it is of no value, or of submitting to what they think an imposition. It is necessary to apprise them, that it is my determination to receive hereafter no Bark which may be injured at any deduction whatever.
THEO. ARMISTEAD. April 15.
50 Dollars Reward. RAN-AWAY on the night of the 9th instant, from the brig William, lying at Portsmouth, three men by the names of JOHN OLIVER, SAMUEL OLIVER, and GEORGE PEIRCE; John and Samuel Oliver are short thick set men, aged about 21 and 28 years, and wore when ran-away long black hair; George Peirce is a small lad, 18 or 19 years of age, red hair, and face somewhat freckled. Any person giving information so that the subscriber may find the three shall receive the above reward, or in proportion for any one of them.
Daniel Nason. June 12.
VIRGINIA, to wit: At a Chancery District Court, held at the former capitol in the city of Williamsburg, the 28th day of April, 1807, Josiah Riddick, against
Michael and John Wallace, and Barnet Pulliam, defts. } plft. }
The defendant, Barnet Pulliam, not having entered his appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this country; on the motion of the plaintiff, by his counsel, it is ordered, that the said defendant do appear here on the first day of next term, and answer the bill of the plaintiff, and that a copy of this order be forthwith inserted in one of the newspapers published in the borough of Norfolk, for two months successively, and posted at the front door of the former capitol in this city.
A copy.
Anthony Robinson, C. C. May 18.
WANTED, on board the United States' ship Chesapeake, A BOATSWAIN & CARPENTER, none need apply unless well recommended. For terms apply at the office of the Publick Ledger.
June 8.
Spring and Summer GOODS. The subscribers have received by the ship Hunter, from London, their supply of
Fancy and fashionable GOODS, which they offer on reasonable terms for cash, or approved notes.
Mackinder & White. May 1.
300 dozen empty BOTTLES, will be sold if applied for immediately.
John C. Niemeyer. ALSO,
An invoice of fine Linen GAUZE, for Musquito Curtains. May 27.
450 bbls. superfine FLOUR, 100 half barrels do. } A-float.
Also landing this day from the Schooner Iris, captain Moffit, from Matanzas,
43 boxes brown } Clayed SUGARS. 32 do. white } And in Store,
150 barrels Pork; 50 do. Shad, 50 boxes Soap; 100 barrels Tar; 50 do. Turpentine, 30,000 W. and R. O. Staves and Heading, A few tons of Fustic—all of which will be sold low and on liberal credit.
George Wilson. April 22.
NOTICE. The creditors of Gilbert Robertson & Co. and of Robertson & Brown, who have executed the Deed of Trust, and the creditors of Gilbert Robertson and James Brown insolvent debtors, are requested to exhibit their accounts to Alexander Van Pfister without delay, as it is intended to make the first dividend of the estate on the twentieth day of June next.
James M'Evans, Alex'r Van Pfister, John Jones, jun. } Assignees. New-York, May 16, 1807.
The creditors designated in the foregoing notice, residing in Norfolk, or whose accounts are against the firm of Robertson & Brown, are requested to exhibit the same to the subscribers.
Theo. Armistead, James Taylor, Robert Dickson, } Assignees. Norfolk, May 27. (20thJ)
SPRING GOODS. COCKE AND SANFORD. Have received per the ship Hunter, from London, an assortment of
SPRING GOODS, Consisting of
Muslins, plain and figured, Cambricks,
Dimitis, Calicoes, Ginghams, Chambrays, Irish Linens,
Long Lawns, 5 4 and 6 4 Sheetings, Oznaburghs,
Tickenburghs, Dowias, Checks, Seuce and Wrapping Twine,
Cotton and Silk Hosiery, Gloves,
Best superfine Cloths and Cassimeres, Bombazeens,
Bombazets, Crapes, Lustreings, Folding Matrasses,
Fashionable Hats, and a few pair Dress Boots.
They are in daily expectation of
A supply of Cutlery and Sadlery, &c., from Liverpool. May 4. 2m.
Spring and Summer GOODS. RICHARD & JOHN TAYLOR, Have received by the ships Hunter, from London, and
Dumfries, from Liverpool, their supply of
Fancy and Fashionable GOODS, Irish Linens, Hardware and Cutlery, &c. &c. which they offer for sale by wholesale and retail on the most reasonable terms, for cash or good paper.
May 6. 2m.
SAMUEL COLEMAN, Opposite the Market westward, has a very extensive
assortment of
ENGLISH KID SHOES, in all the variety of that article, of the latest (legal) importation, with the necessary embellishments.
An extensive assortment of Boston SHOES of a great variety of kinds.
Also, a good assortment of New-York SHOES, of which kind particularly, he is enabled to sell the best Shoes in town—since no other person here, that he knows of, is largely supplied from that place; the superiority of the workmanship of New-York is well known to many people, and will be known by all who try it.
A considerable assortment of British, New-York, Philadelphia, and Boston BOOTS—and is in expectation of a large quantity of Shoes and Boots of all descriptions from New-York, which will be sold at the prices of that place, wholesale and retail.