Norfolk gazette and publick ledger (Norfolk [Va.]), 1807-03-20 00:00:00

WHOLESALE PRICE-CURRENT.
NORFOLK, FRIDAY, MARCH 20, 1807.
Table with 5 columns: ARTICLE, per, From, To, Remark. Lists prices for various goods like Bacon, Beef, Brandy, Bread, Butter, Candles, Coal, Cocoa, Coffee, Cordage, Cotton, Duck, Flour, Fish, Fustick, Gin, Grain, Hemp, Hides, Hog's-Lard, Indigo, Iron, Logwood, Meal, Mahogany, Molasses, Peas, Pepper, Pimento, Pitch, Pork, Raisins, Rice, Rosin, Rum, Salt, Soap, Sugar, Shingles, Staves, Tar, Tobacco, Tallow, Turpentine, Wax, Wine.
Premiums of Insurance on American Property.
Table with 2 columns: To Great Britain, Ireland, Portugal, and Spain, without the Straights of Gibraltar; France, Holland, Bremen, and Embden; In the Mediterranean; Gibraltar, Madeira, Canaries, Azores, and Cape de Verde Islands; French, British & Neutral Wind Islands from Barbadoes to St. Thomas; Jamaica and Leeward Islands; Porto Rico; Havana; City of St. Domingo; Peru, India, and China; Castries.
Prices of Stock.
Table with 2 columns: Virginia Bank, par; Norfolk Marine Insurance Company, 10 per cent. discount; United States Bank, none in the market; Exchange on London, 480 2-3 dollars for 100l. sterl.
LOTS FOR SALE.
The subscriber will sell fourteen LOTS in the Borough of Norfolk, well situated for private residence. A credit of one year will be given for two thirds of the purchase money. A plan may be seen by applying to Robert B. Taylor.
COFFEE & LOGWOOD. Just received for sale, 100,000 lbs. Green Coffee; 34 tons Logwood—by Jas. & Thos. Tucker, Commerce-street wharf.
For RENT. And possession given the 1st June next, that well known Tavern.
The Exchange Coffee-House. Any person inclined to rent may have it furnished with suitable furniture and servants, or not, as they may think proper. This house is so well known, that it is conceived no particular description of it is necessary; it is sufficient to observe that it was built expressly for a publick house. John Warren.
NOTICE. The Subscriber having purchased the Plantation near Hampton, formerly called the Glebe, forbids all persons from cutting wood, or trespassing in any manner under the penalty of the utmost rigour of the law. Robert Wills.
Just Published, A NEW WORK, ENTITLED, Geographical Compilation for the use of Schools. Being an accurate description of all the Empires, Kingdoms, Republics, and States in the known world, with an account of their population, government, religion, &c. arranged in a catechetical form, compiled from the best American, English, and French Authors, by Deih Lewis Collins, teacher of Geography.
This work is modelled on a new plan, and contains several interesting particulars concerning both modern and antient Geography, which have never appeared in any work of the kind published in this country; the compilation has obtained the approbation and subscription of the President of the United States; of the Secretary of State; of the Presidents and Directors of the Colleges of Union, at Schenectady, in the State of New-York; of George Town; of St. Mary's, in Baltimore; and lately the approbation of the College of William and Mary. Mr. Anderson in his Ladies' Academy, at Williamsburg, has adopted it; in St. Mary's College, at Baltimore, it is adopted to the exclusion of all other works on that subject; as likewise in the Ladies' Academies of Mrs. Beccaria, and Mrs. La Combe, in Baltimore; of Mrs. Rivardi, and of Mrs. Greland, in Philadelphia; and of Miss De St. Menin, in Burlington, N. J.; it has also been subscribed to by the most respectable part of the inhabitants of Baltimore, Philadelphia, New-York, and the State of New-Jersey—this makes the author entertain the flattering prospect of seeing his labour rewarded by a liberal and enlightened publick, who will doubtless encourage a work which has been sanctioned by so many able citizens, and for which no pains has been spared to render it at the same time useful and agreeable; this the author expects chiefly in this state, in which various circumstances have prevented his applying for subscribers.
For sale by Bonsal and Conrad, Norfolk; Samuel Pleasants, Richmond; Somerville and Conrad, Petersburg; L. Anderson, Williamsburg; John Gray, Fredericksburg; Robert Gray, Alexandria; and by the principal Book-sellers of the other middle States. March 18. law49
VIRGINIA, to wit: At a Chancery District Court, held at the former Capital in the City of Williamsburg, the 19th day of June 1806.
Joseph Riddick, against Michael and John Wallace, and Barnes Pulliam, Esqs. The defendants Michael and John Wallace, not having entered their 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 they are not inhabitants of this country: on the motion of the Plaintiff by his Counsel, it is ordered that the said Defendants do appear here on the first day of April term next, and answer the bill of the Plaintiff; and that a copy of this order be forthwith inserted in one of the News-papers published in the Borough of Norfolk for two months successively, and posted at the front-door of the former Capital in this City.
A Copy, Anthony Robinson, C. C.
A valuable Tract of LAND for Sale.
The Subscriber will sell his Plantation called Level-Green, adjoining the town of Kempville, in the county of Princess Anne. There is on the farm a Dwelling-House and orchards; it contains about 100 acres, and the land is excellent; it's figure is a square, and its local position chaste and eligible; lying on the Eastern Branch of Elizabeth river, and also on the publick road leading to Norfolk. It is conveniently situated with respect to Norfolk market, being about 4 miles distant by water, and 9 by land. It is contiguous to Broad-Creek, which abounds in good oysters; it is well timbered, and has a good landing. 'Tis not convenient to say, that from the timber alone, a net sum may be made nearly, if not entirely, equal to the purchase money. Any person who may wish to view the Land, will apply to Mr. Wilson on the premises, to Mr. Charles Sayer, William Bishop, James Robinson, or William White, all of whom reside in the neighbourhood. The purchaser will be accommodated in a long credit. Tully Robinson.
Princess Anne, August 8.
Fresh supplies of Drugs & Medicines.
Have just been received by FREDERICK HEERMAN, & SON, Per the Ship Proteus, from London, and Herald from Liverpool—Also, an assortment of
SURGICAL INSTRUMENTS.
A great variety of
GENUINE PATENT MEDICINES.
All sorts of
GLASS AND SHOP FURNITURE.
And a prime collection of VALUABLE PERFUMES, including OTTER of ROSES from Hungary.
Importing regularly twice a year from the most respectable Druggists in Europe, we assure those who favour us with their orders, that the present selection will be found to furnish them with articles of the best quality, and on the most reasonable terms.
FERRY'S & LETTSOME'S Golden Annihilation PILLS; CHURCHES and L. & K. READ'S COUGH DROPS; and MEDICINE CHESTS as usual. June 16.
CONGRESS.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, February 18.
Debate on the resolution offered by Mr. Brown to make further provision by law to secure the privilege of the writ of Habeas Corpus to persons in custody under or by colour of the authority of the United States.
Mr. Epper observed that whenever he should feel less attachment to the personal rights of the citizen than the gentleman from Delaware, or any other member of the house, he hoped that those by whom he was elected would select some representative more worthy of their confidence. If the gentleman was really sincere in the principles he had advanced, he tendered to him his congratulations on his conversion to democracy. If on the contrary, his new principles were assumed like a Sunday suit to be laid aside in the evening, it would afford one more example of the truth of the observation made by the celebrated Burke, that the same party can, at one period trample on the rights of the citizen, and at another become declaimers in favour of personal liberty. He did not consider the resolution as designed to remedy any defect in our laws, but to afford an opportunity to gentlemen who care much about personal rights to make some noise about them. He considered it as a portion of the same spirit which had manifested itself in the court below—Who are there the champions of human right? The ex-attorney general of the United States—The leader of 1798 and 1799, torrid with ambition, changing his political coloration, and become the dupe of his own eloquence. To crown the climax behold another noble champion of human rights, the ex-attorney general of Maryland—The very man who turned down the leaves of the Prospect before us—marked the passages which breathed so much freedom—drew in cold blood an indictment, at one hundred and fifty miles from the scene of action, and became a volunteer in the goodly work of persecution. When the personal rights of the citizen shall depend on a man like this, liberty will indeed be in danger. If ever the goddess of liberty should meet his foul embrace, she will not be deliled only, but strangled. The greatest monster in human shape, is a tyrant in principle, with the Rights of man in his mouth. A wretch sunk to the last step in the political ladder, and willing again to mount, by professing principles he never felt.
Where has this zeal of a certain party for the rights of man so long slumbered?—Where was it when the sedition law passed?—Where was it when a member of this House was imprisoned and deprived of his constitutional privilege for printing a letter from the secretary at war acknowledged to be genuine?—Where was it when general Hamilton was seized in the western parts of Pennsylvania without the shadow of authority, dragged like a convicted felon before the bayonet to Philadelphia, and there imprisoned for months without the possibility of obtaining a habeas corpus?—Where was this zeal when the rights of aliens were suspended, that whole class of people placed under the will of the executive, and a power given by law to seize and ship them?—Dead, Sir—The rights of man were much in fashion with the party at that time. Clues to conspiracies, and a gag for the mouth of him who dared to arraign the federal inaccuracy was then the order of the day. When shall believe the sympathy which these men affect to feel for a character, so recently hunted by them through the community like a wolf, is sincere, it may then credit their attachment to human rights, and not till then.
The real secret in this business is that the termination of this affair in the western country does not suit the federal palate. To reduce an insurrection without an army or navy is no very anti-federal thing. They do not understand and cannot admire that kind of energy in government which derives its force from confidence and attachment on the part of the people. We have heard of former times from high authority, that the opposition against what was termed the insurgents of Pennsylvania, was intended to try the strength of the government—that no government was considered safe until its force had been called out to support its laws. We now present to the world another example. The people of our country voluntarily preferring the government of their choice, to views of personal aggrandizement or interest—obeying peaceably the proclamation, and returning quietly to their homes as soon as the enterprise in which they were embarked, appeared to be illegal—Deserting a leader inferior to no man in talents and firmness, possessing unbounded pecuniary resources, and above all, the peculiar art of attaching to him the hearts of his friends. The mines of Mexico; the wealth, the honours held out to his followers by such a leader, could not reconcile to Americans the odious appellation of traitors. The honest and independent citizens of our country, returned to their homes, to cultivate that soil on which fortune has placed them, as soon as they discovered the real objects of the expedition. Behold a triumph honourable to the American character, carrying with it irresistible evidence of the firmness of our union, and of the patriotism of the great body of the people.
But we are told that a most daring violation of human right has taken place—that men have been seized in Orleans, and shipped here for trial. Burke it seems to be agreeable or softer than acts such as they are now willing to treat them to an enlightened community. An officer has undertaken at his own responsibility to seize and ship here three persons. Two of them charged on his oath with treason, or misprision of treason, and the third by him
believed to be guilty. The two first on their arrival here were delivered over to the civil authority, and on solemn argument committed on a charge of treason. The other was delivered over to the civil authority also and discharged. No man can say that the conduct of the officer who seized and shipped these persons is legal. He has done an illegal act at the risk of his fortune in damages. Let the law take its course—let the individual prosecute—let an honest jury put on one side the crime with which they are charged, and on the other the illegal arrest and shipment—let them strike the balance. If they assess damages and it shall hereafter appear that this was a wanton and arbitrary exercise of power, the officer must suffer. On the contrary it shall appear that the officer had a subject in view but the publick good, that he did really believe Orleans about to be attacked by a superior force, and that these prisoners could not be safely kept there; I for one, shall not hear of any damages assessed against him. I cannot but never be endangered by an act like this, when your laws are suffered to take their natural course without suspension or interruption. Where the injured individual can bring before a jury his claim for damages. What more safe, more certain, more adequate remedy can you ask for an injury to personal freedom, than the verdict of a jury of his peers? What would be the feeling of an honest and independent jury called upon to decide a question, where an innocent individual of character had been seized and shipped? The damages would be such as to heal the wounded feelings of the injured individual, and to deter in future the commission of such an act. If on the contrary strong circumstances of guilt should appear against the individual the damages would be nothing. The officer must depend on establishing before the community the purity of his motives, and the probable guilt of those on whom he has exercised power in violation of rights. If the individuals seized and sent here shall be found to be innocent, I should wish them to recover heavy damages. Under my present impressions I should certainly if on their jury not assess damages. If the charges made against them are well founded, I would as soon give damages against an individual who seized and secured for trial a high way robber. The public officer who knows of the existence of treason, who sees an individual embarked in schemes dishonourable to his country, who believes him aiding an approaching enemy, would deserve to be broke if he did not seize him. On the present occasion the officer has gone further; he has seized and sent them to you. He has violated the personal right of the citizen. If from honest zeal for the public good, he will find a sure protection and shield before an independent and patriotic jury. If the persons are innocent, and have been seized by him to wreak private resentment, or on any motive less pure than the public welfare, his reputation as a soldier is destroyed, and his fortune must be lost in damages. I do not believe, however, that much sympathy will be excited in the public mind, when the people shall understand about what, and about whom, all these clamours have been raised. What is the naked fact? Gen. Wilkinson has seized and sent round to the seat of government three persons, at a time when he believed Orleans in danger of being attacked by a superior force. Of these persons, the one is a bankrupt foreigner, charged on oath with being an accomplice of Aaron Burr. The second a young American, charged also on the oath of your commander in chief, with having disgraced the American character, by condescending to be employed as an agent for corrupting your army, with having actually carried proposals of bribery to your commander in chief. The third, a foreign lawyer, who came to the liberality of the people of this country his bread. Two of these persons in good federal time might have been transported under the alien law to Botany Bay. But men are now seen in your courts actively denouncing this measure, who voted for and perhaps brought forward the alien law. I mention not this to justify the present proceedings, but to show to the people the spirit in which this resolution has originated. Your commander is placed in a difficult situation. In default of expectation of an attack by a superior force, he has been by the whole body of the law in the western man greatly his superior in rank and power might have erred. He might not have delivered over the persons to the civil authority. Had he done this, however, it would not have been where the trial would have been held. The district court of Orleans has the same jurisdiction with the district court of Kentucky. The Kentucky district court has the ordinary common law jurisdiction of a district court of the U. S. which extends only to offences punishable by fine or whipping, and the whole jurisdiction of a circuit court of the U. S. So that these persons, if charged with treason against the U. S. could not have been tried in Orleans, and must have been elsewhere or by the civil authority. Thus much for the violation of right which has taken place.
Let us now examine how far any new provision by law may be necessary to secure to the people of this country the privilege of the writ of habeas corpus, which gentlemen avow to be the object of this resolution. The right as it now stands is secured to the people by the constitution. Every judge of the United States has power to grant the writ, and every citizen of the United States is bound to obey it. But says the gentleman, if a judge refuses it, what can we do? The provision of the statute of Charles the 2d is not in force here. I may remove the judge from office, if your provisions on this subject are defective, amend them. Let the judge, his salary, his emolument, and responsibility, and his tenure be known. The idea of enforcing a high responsible officer to do his duty by pecuniary fine is

...the power of enforcing this writ as it stands under the constitution and laws of the United States is complete. It is enforced in the same manner with all other process issuing from the courts of the United States. The judge in the first instance and the marshal. If the writ be disobeyed, he takes the posse-comitatus. If this be not sufficient, the judge certifies to the executive that the laws cannot be carried into effect, and the arm of the nation must be extended to support the judiciary. This is no theory. It has already been acted upon in this country. On the certificate of a judge that the laws could not be enforced, the militia were marched to the western parts of Pennsylvania. If your judges have no power to enforce the writ of habeas corpus, I should be glad to know how any other. It was not because the privilege of the writ of habeas corpus is not sufficiently secured. It was not because the judges refused to issue it or wanted power to enforce it that this violation or right has occurred, but because the power who might have claimed this privilege were swayed, under peculiar circumstances from their jurisdiction. As the gentleman from Delaware has thought proper, on a motion to commit, to enter into a discussion of the merits of this proposition, I have made these observations. I have no objection to refer the resolution to a committee for the purpose of a full and fair discussion. I have no hesitation, however, in declaring that it is only to allow an opportunity for discussion that I assents to the reference. I do not believe that any additional provisions are necessary to secure to the people of this country the privilege of the writ of habeas corpus. On the contrary, I do firmly believe that this right, like all others secured by the constitution, can never be lost, or violated with impunity, until corruption shall have destroyed the principles of the government.
Mr. DAWELL observed, that on a motion to refer this resolution to a committee of the whole, he thought it unnecessary to discuss the merits of the subject at large; since the very object of the commitment was to afford a full and fair opportunity for such a discussion, and for any special proposition, which the mover might think proper to submit. He was in favour of the proposed commitment, but on very different grounds from some of those which had been urged. Whether the conduct of the commander of our army, in arresting certain persons who attempted to corrupt him and seduce the army, to join in a conspiracy against their country, was to be condemned or not, was a question not suitable to be acted on at the present time, and under existing circumstances. If the house were the proper tribunal to decide that point, this was not the proper mode of deciding it, nor the proper time for the decision. No one would deny that the commander of an army or of a post might be so circumstanced, that it would be his duty to make a seizure of suspected persons, or perhaps do their acts not provided for by any law. In such a case he must act under a high responsibility, and throw himself on the justice of his country. On this ground Gen. Wilkinson had professed to act. If his professions should be justified by the real state of facts, he would be entitled to a favourable consideration. But at present it was unreasonable for the legislature to express any opinion or take any measure. He regretted, therefore, that the gentleman from Delaware (Mr. Brown) had referred to this transaction in support of his motion. On general principles, Mr. B. added, he was willing to go into a committee of the whole on the subject. The importance of the privilege of the habeas corpus was acknowledged by all. The constitution, by restricting the legislature from suspending it, except when in cases of invasion or rebellion, the public safety may require a suspension, had recognized it as a writ of right, and our statutes had authorized certain courts and magistrates to grant it. It had been, indeed, in some respects doubtful where the authority to issue such writs was lodged. Whether, for instance, the supreme court, a circuit court, or the justices of the supreme court, out of court, or the justices of the supreme court, out of court, had that authority, were questions on which not only professional men, but judges themselves, had differed in opinion. Some improvements perhaps might be suggested. Although he lamented that the gentleman from Delaware had moved the subject at the present time, still he thought that the question involved in it were under the consideration of the judiciary, and that he had stated, in his argument, to the late transactions at New Orleans, of which we have not sufficient information to form a satisfactory judgment, yet, he would assent to refer the resolution to a committee of the whole, for the purpose of considering each proposition, as that gentleman might offer for the amendment of the law.
Mr. EARLY—Mr. Speaker, I feel very much at a loss to discover the surreptitiousness of the conclusions drawn by the two gentlemen from Virginia (Mr. Eppes and Mr. Burwell) from the reasoning which they have used. My views of this subject are in part the same with theirs; but those views will lead me to give a more direct and a more positive answer to the question which they intend.
The moment to refer the resolution under consideration is objectionable with me, because of the time at which it is made. The resolution itself was laid upon the table upwards of a week ago—indeed ten days ago. And now when there is left but a very short space of the session, and the house is extremely pressed with other business highly necessary to be done, the resolution is called up, and a motion made to refer it to the committee of the whole. No gentleman can believe that the subject can be matured and a law passed this session. Indeed, sir, it does not appear that the honorable mover himself intended that any thing definitive should be done. On the other
hand, it is evident that he has been led into a discussion of the subject that direction—and this will be found with me another objection to the motion for a reference. Hang up the subject until the next session, and what must be the conclusion in the publick mind? The answer is irresistible—that this house entertain the idea that the privilege of the writ of habeas corpus has been unnecessarily infringed. What follows? That the recent transactions at New Orleans were not demanded by an imperious necessity, and ought of course to receive the indignant frowns of the nation. The agent in those transactions too, must in the mean time be consigned over to publick odium. Now, sir, I take this occasion to declare my most decided hostility to such a procedure. I will never consent to a measure calculated to give an unfriendly direction to the publick mind, when we ourselves are without that information necessary to give a direction to our own. I will never consent to deliver up a highly responsible public functionary to the torture, before that functionary can have an opportunity to be heard in his own justification. In my opinion, Mr. Speaker, it depends upon events yet to be developed, whether the commander of the American army has deserved execration, or merited applause. It may turn out that his conduct is without excuse, and it may turn out that it has been highly meritorious. He may have acted a part, for which he should suffer condign punishment, and he may have acted a part for which his memory would be entitled to a statute of gold.
There is to me another objection to the reference. The motion, timed as it is, and accompanied by the speech we have this day heard from the honorable mover, has a suspicious aspect and influence upon certain judicial procedures, depending at the present moment within the walls of this building. Is this House willing to suffer such manoeuvres to take their proposed course, and to produce their wished-for effect? Are they prepared to interpose the weight of their influence to ward off the infliction of punishment upon traitors, by passing sentence of condemnation on those acts which have produced their arrest and confinement? But it is not now alone that this pernicious tendency of the resolution is to be felt. Actions for damages are no doubt to be brought against the commander in chief. Whether the damages which may be recovered, ought or ought not to be made good to him by the government, must depend upon circumstances yet to be developed. That he has violated both law and constitution, is not denied. But whether there existed that imperious necessity for such violation, which alone can justify it, and give him a claim upon the government for the damages to which he may be subjected in consequence thereof, can only be determined upon a full view of all the circumstances. Here then presents itself another strong objection to the resolution. Its tendency is to procure now that expression of opinion by the national legislature, in relation to the events at New Orleans, which will, which must, raise a powerful obstacle hereafter, against a remuneration of any damages that may be recovered against the commander in chief. To this I will not consent—against it I hold up my hands, and enter my most solemn protest. There is still a further objection—the tendency of the resolution, if adopted by the House, will be to influence the amount of damages which may be assessed. Yes, Sir, it will be viewed as the expression of an opinion on the part of Congress as to the demerits of the act for which damages are claimed. The effect upon the minds of a jury is even more than upon the opinion of the judges. Who is there that cannot perceive its force? Who that must not deprecate its effect? It should be observed that the resolution itself cannot be open to all the objections now urged against it, let it be recollected that the honorable mover has taken special care to give it a direction, and accompany it by circumstances which must ensure to it the operation complained of. In ordinary cases there can most certainly be no objection against an inquiry after the defects in any branch of the law, with a view to the application of some remedy. But such is not, as I apprehend, the state of the present question. Admit for argument's sake, that a defect does exist in the present provisions for securing the habeas corpus privilege—can an adequate remedy be now applied? It cannot—we know it cannot.
But Mr. Speaker, where is the proof that the provisions now in force are not sufficient for the security of the person, have you any evidence to this effect? If you have I am ignorant of it. Are not the courts of justice open? Let the persons injured resort thither. Let their complaints be laid before an American jury. Will not an adequate redress be had there? Are the people of the U. S. so insensible of the value of the privilege of the Habeas Corpus as to award damages proportionate to the injury sustained by its violation? Or is it that gentlemen suppose, that the individuals who have been arrested were engaged in a plot so diabolical that a jury would upon a view of the whole ground assess damages too considerable to compare with their wishes? Is it for this reason that the American congress are asked to pre-judge the case, and to throw their weight into the scale against an officer who has done everything that yet appears has acted from motives of the purest patriotism. The part he had to perform was one of the most arduous ever assigned to the lot of man. Entrusted with the defence of an important and extremely remote point, where all was to be done before instructions could be received from his government; every measure was to be taken by his own judgment and upon his own responsibility. His chance of information as to the extent of the danger was extremely limited, and so far as facts have come to light, he had powerful reasons for believing that the conspiracy was deeply laid—that it had diffused itself extensively in the very bosom of the country against which it was directed—and that it would be supported by a military force far more numerous than any he had at command.
Under such circumstances, Mr. Speaker, I repeat my decided hostility both to the resolution and the motion for its reference. And I again repeat, let the parties complaining to have been injured, resort to the proper sources for redress—let them go to the courts of justice. Here are the constitutional means for determining how far the existing legal
provisions are sufficient for the security of the person, and if they are not, for determining how far the existing legal
The contemplation of the peace and integrity of the union undeniably presents one of the most interesting topics for reflection, which either have occurred, or which can occur to a free people. Having for its object the immediate, or eventual overthrow of our representative system, to which we are indebted for the rare felicity we enjoy, and the raising on its ruins a system of military despotism, it is by no means surprising that the national feeling has been excited to the highest pitch, and that this subject has commanded an almost exclusive attention. Compared to such effects, how insignificant are the common contests of party, and even the hostile displays of foreign injustice!
But we are met on the threshold by the jaundiced eye of party, which refuses to see any thing treasonable in the schemes or conduct of Aaron Burr. We are told that he is an honorable man, and that fired by that patriotism which could brook the degradation of his country, he was only preparing to draw his sword against the aggressions and insolence of its enemy. It is not marvellous that men, who after furiously opposing the rise of this man, suddenly changed their course, and used their boldest efforts to raise him to the highest office in the government; and who, after having failed in this attempt, enlisted under his banners to make him the governor of an important state; it not marvellous that men, so pliant in exchanging principle for policy, should now become the apologists of him they before so strenuously supported. But the intelligence of the people cannot be imposed upon by so flimsy an artifice.
That Aaron Burr has formed a treasonable plan levelled at the destruction of every ingredient of our felicity cannot be disputed.
That his views were neither lawful or honorable is evident from the uniform tenor of his actions for a considerable time past. If they were, why involve himself in clouds and darkness? Why not avow his purpose? Why set in motion a body of enterprising young men, under the idle pretext of an agricultural settlement? Why embark in his employment almost entirely of bankrupt fortunes? These, it is true, form only presumptive proofs; but they strongly corroborate clear, decisive, irrefragable evidence.
Is it not a fact that he has extensively propagated falsehoods? Has he not duped every friend that he could not seduce? Did he not impose on several militia officers, of the highest standing, in the Western country, the belief that he was the agent of the government; that he was empowered to prepare and lead a military force against the Spaniards? Did he not intimate that he himself was commissioned, or soon would be, and did he not offer commissions to them? Did he not command the talents of Mr. Henry Clay, a senator of the United States in his defence, by a declaration seeming with untruths? Did he not endeavour to get commissions into his hands for the base purpose of seducing the officers of the United States from their duty, and leading them into measures in direct hostility to the views of the government, under the expectation that these forgeries would have produced the impression that his schemes were authorised by the President?
Did he not, in fine, attempt to corrupt the commander in chief of our armies, during a period of imminent danger, independently of that which flowed from his own machinations? Can there be a blacker offence than this? Lawyers may say it is not treason, but the strong sense of an unsophisticated mind will pronounce it treasonable.
The evidence of all the facts we have stated, excepting one, is already before the publick; we mean the letter of Burr to Mr. Clay, the flagitiousness of which must startle the least conscientious mind. This letter we subjoin. We invite the attention of the nation to it, and we demand what confidence ought afterwards to be placed in the man, who could write such a letter, with the view of engaging in his defence the powerful talents of one whose whole life attested his devotion to liberty, to republican principles, to union, and who had recently been constituted one of its highest constitutional guardians. Let it be recollected that it was on the strength of the assurances contained in this letter that Mr. Clay's services actually were commanded, that without them they would not have been rendered and that it was probably in a great measure owing to this circumstance that Burr was acquitted by the grand jury of Kentucky.
Frankfort, 1st Dec. 1806. Sir, I have no design, nor have I taken any measure, to promote a dissolution of the union or a separation of any one or more states from the residue. I have neither published a line on this subject, nor has any one through my agency, or with my knowledge. I have no design to intermeddle with the government or to disturb the tranquillity of the U. States, or of its territories or any part of them. I have neither issued, nor signed, nor promised a commission to any person for any purpose. I do not own a musket nor a bayonet, nor any any single article of military stores, nor does any person for me by my authority or with my knowledge. My views have been fully explained to, and approved by, several of the principal officers of government, and, I believe, are well understood by the administration and seen by it with complacency—they are such as every man of honour and every good citizen must approve.
Considering the high station you now fill in our national councils I have thought these explanations proper as well to counteract the chimerical tales which malevolent persons have so industriously circulated as to satisfy you that you have not espoused the cause of a man in any way unfriendly to the laws, the government, or the interests of his country. Respectfully, Your obedient servant, A. BURR.
The Hon. Henry Clay. Let us concisely notice the contents of this extraordinary letter, and compare them with the statements substantiated before the publick. "I have no design, nor have I taken any measure, to promote a dissolution of the union or a separation of any one or more states from the residue."
Contrary to the stated declaration the author of Eaton's deposition—and especially the following statement:
"He, Burr, had a design to effect a revolution, and to establish a military government from the union, establishing a military government, of which he was to be the sovereign. New Orleans to be his capital; organizing a force on the waters of the Mississippi, and extending conquests as far as possible."
"I have neither published a line on this subject, nor has any one through my agency, or with my knowledge."
Is it to be believed, that the long pieces ascribed to Blennerhassett, and published in the Ohio papers, were written without the approbation of Mr. Burr, when the precipitate flight of the former at dead of night is remembered, and his recent junction with Burr at Natchez.
"I have no design to intermeddle with the government or to disturb the tranquillity of the United States, or of its territories or any part of them."
The affidavits of Wilkinson prove that his object was to revolutionize the territory of Orleans, to seize the bank, and plunder the town, and that he expected to gain over the army and navy.
"I have neither issued nor signed nor promised a commission to any person for any purpose."
What does Eaton say on this head?
"He now proposed to give me the second command in his army. I asked him who should have the chief command? He said, General Wilkinson."
What does Truxton say? And
What does General Jackson of Tennessee say?
"My views have been fully explained to, and approved by, several of the principal officers of government, and I believe, are well understood by the administration and seen by it with complacency—they are such as every man of honour and every good citizen must approve."
Here was the grand lure! This was the cover, under which it was presumptuously believed the expedition would proceed without a check. Spain had wronged us. The feelings of the western people, ever alive on this head, were ready, under the banners of their rulers, at the voice of the nation, to take a dreadful vengeance. This was the pulse, which an adroit physician knew how to manage, and on whose excitement depended the fruition of his hopes. Here, therefore, it was necessary to speak decisively; and the artful juggler well knew that however detection might ensue, it would come too late. Acquitted with éclat in Kentucky, with this stamp to his innocence, he no doubt expected, as he progressed, to increase his friends and adherents. But he was disappointed, miserably disappointed—the general government, contrary to his calculations, got the start of him, their vigilance even surpassed his cunning, and the affection and confidence of the western people turned out to be unshaken.
Who the principal officers of the government to whom he fully explained himself are, do not appear, nor, is it probable that they ever will; that his views were well understood by the administration, may be true, but in a very different way from that intended by him; that they were seen with complacency by them is totally destitute of foundation.
But, independently of all these presumptions and facts, we are reinforced by the damning deposition of Eaton. Believe that deposition, and never was there a more ferocious plot engendered since the creation of the world. The President was to be assassinated—the legislature to be turned neck and heels out of doors. How, by the bayonet? It could have been done by no other means. Would they not have resisted? Who that knows the individuals of which the two houses of congress consist that is not convinced that resistance would have been certain. Their blood then would have flowed. Would the sanguinary scene have terminated here? No. The heads of departments, and the leading republicans in the different states would have shared a common fate. Gracious God! is it possible that an American can have formed such a plot; an American too cradled in liberty, and one of the favourite children of the revolution? If this is astonishing, is it not still more so that any one, not embarked in such a plot, can be its apologist? Party, thou art indeed a serpent, that converts every thing into poison that passes through thy venomous tooth. (To be continued.)
CONSTANTINOPLE, Nov. 25. The attack made by Russia upon the independence of our empire, seems to have been preconcerted with England. At the moment when things had come to such a pitch as to leave no alternative between resistance or subjection, an English squadron has made itself master of our passes by sea. The news that admiral Louis, has arrived near the Dardanelles is confirmed; he has with him seven ships of war; and, on the 20th, the Endymion frigate, capt. Keppel, belonging to that squadron, arrived in this port.
These repeated attacks from without are the more unfortunate for our court, which has still to struggle with the refractory within, and the unfaithfulness of his principal officers. The captain Pacha exhibits a recent proof of the latter: he has been arrested since his return from Egypt, and Caled Efendi is appointed to succeed him.
From the frontiers we learn, though as yet it is not confirmed, that the fortress of Choczim is actually in the hands of the Russians, and that negotiations have commenced for the surrender of Bender.
DENMARK, Dec. 24. Our court seems to carry on the warlike preparations on the sea coast with vigor. Besides the strait which divides Zealand and Sweden, known by the name of the Sound, the second passage into the Baltic, between the island of Zealand and Fionie, and commonly called the Great Belt, is to be fortified also. All along the coast, not only the batteries of Kronenberg are furnished with heavier cannon, but every point upon the Great Belt and the neighbouring islands, is likewise strengthened. Even a small island nearly in the middle of the Belt has been provided with very heavy artillery. All these measures, connected with the return of our troops from Holstein, make it appear evident what part our government means to take in the great contest between the interests of the continental and Great Britain. These measures will exactly answer the purpose of the French emperor, especially as the Danish government intends to establish a cordon of custom-house officers all along the coast of Denmark, from the mouth of the Trave to Hamburg, to prevent the transit of English goods. In other respects, the ice will soon have the same great any communication between the Baltic and the North Sea.

The arrival of General Butler from New Orleans brings us the news of that place of Wednesday...
The National Intelligencer has commenced an investigation of the views and conduct of Mr. Burr...
It does not appear by the Washington papers, received by last night's mail, that the Treaty had been received.
Cadwallader D. Colden, Esq. has been appointed mayor of New York.
Mr. Wagner, chief clerk in the department of state, has resigned his office.
Mr. Munroe, minister at London, means to return to this country in the ship London Packet, M c Dougall, which was to sail in all January.
From the Baltimore American. Capt. Hart of the Comet, says it was reported at New Orleans at the time he left there, that Burr had been taken under the proclamation of governor Williams...
The foregoing is corroborated by the following article—
New Orleans, Feb. 12. It is this morning reported, and we believe the report to be true, that col. Burr is now confined in one of the U. S. armed vessels before Natchez.
[This account is very doubtful, as it will be seen under the Natchez head of 10th of Feb. that Col. Burr was not then taken, and it is extremely improbable that if he was not taken on the 10th, that he could afterwards be taken, and in custody, before that place, and this be known in New Orleans on the 12th of Feb.]
THE SPANIARDS AGAIN. There is a report, which has been current in town yesterday and to day, that on Monday an express arrived at the seat of government, charged with dispatches from Governor Claiborne, of the Orleans territory.
We know not what degree of credit is due to this report; but some of the knowing ones speak of it as true beyond doubt. The National Intelligencer of this morning is silent on the subject.
Wash. Fed.
From the Philadelphia Register.
MORE MILITARY NOMINATIONS. Although we can readily account for the settled dislike of a recent soldier to those who have grown grey in the military service of their country, we are utterly at a loss to penetrate the steady policy, which seeks to bestow the superior commissions in the regular troops of the U. States on men, who are either strangers to the army, or subalterns of recent appointment.
Our readers will recollect, that in the first session of the last congress, Mr. Jefferson nominated a certain Mr. Hammond, (who was not only an entire stranger to the army, but who, in violation of the laws, had enlisted men within the United States, under a French commission, and with those very troops had attacked the possessions of a neighbouring and friendly power) to be lieutenant-colonel of the second United States regiment of infantry.
It seems, however, that no such salutary effect has been produced—that he has not relinquished his object, whatever that may be, and that in his innovation on the rights of seniority and service, he shews himself in the last session of congress, with the same pertinacity, though with no better success, than when he attempted to foist in his friend Hammond, over the heads of all the subalterns, captains and majors of the army.
This second attempt has been made in the case of a Mr. Clarke, who was the companion of captain Lewis, in the late expedition of discovery, and who, however deserving he may be as a man, is but a lieutenant of artillery, junior in command to many other subalterns, and inferior in rank to all the captains and majors of the army.
In defiance, however, of all these claims, and of the claims of the army, Mr. Jefferson nominated this gentleman to the rank to be lieutenant col.
ed. He is a man of no military experience, and is not even a captain in the army. He is a civilian, and has no right to be nominated to a military rank.
Any of the ADDRESSORS may answer the following questions, which the "abuse of power and neglect of right" obviously suggests.
Was it decorous to trespass a second time on the dignity, justice and feelings of a co-ordinate branch of the government?
Would such a nomination at any moment, be justified by the established rules of succession, or the good of the service?
At this particular period, when, according to his own communications to congress, treason and conspiracy menace the public weal, was it just to the army, or loyal to the state, to dispirit those very men, on whose courage and fidelity the country reposes so large a portion of her happiness and safety?
Does Mr. Jefferson hold two opinions on the promotion of military men—one of which he applies to the army, and the other to the navy—or has he forgotten that his secretary of the navy was instructed to tell commodore Truxtun (whose assigned reasons for declining the Mediterranean command were construed into a resignation of his commission) that he could not be reinstated in his rank, without injury to other officers?
We should have supposed that even Mr. Jefferson's brief acquaintance with military service might have taught him better, more especially as he offered as a reason to the legislature of Virginia for resigning his own appointment, when that state was under invasion, "that his want of experience did not admit of his conciliating the troops."
Now let the addressors compare these facts with the ostentatious cant of "equal and exact justice to all men."
PHILADELPHIA, March 13. The French head quarters were still at Warsaw, but the progress of their arms in that direction appeared to be stayed.
It was rumoured in London that Austria had declared against France and that the arch-duke Charles had left Vienna to take command of the army.
In whatever light the treaty negotiated with G. Britain, may be received by our government, it is certainly considered in England, as far as it is understood, to concede too much to the U. States.
NATCHEZ, February 10. COLONEL BURR.
On Monday the 2d instant, an adjourned session of the supreme court of the Mississippi territory was held in the town of Washington, to which Aaron Burr was recognised to appear and answer such bill of indictment as might then and there be exhibited against him.
Col. Burr made several observations against the motion, and remarked that if the attorney general had no business for the grand jury, he had, and that therefore they ought not to be dismissed.
The attorney general then withdrew, and the grand jury were directed to retire to their room, who in the course of the day returned with sundry presentments, which are given at large in this day's Messenger.
On Wednesday evening, the Grand Jury were discharged, and Col. Burr demanded a release from his recognizance. This the court refused.
At a Supreme Court, held for the Mississippi Territory, at the town of Washington, on Tuesday the 3d February, 1817.
The grand jury of the Mississippi Territory, on a due investigation of the evidence brought before them, are of opinion that Aaron Burr has not been guilty of any crime or misdemeanor against the laws of the United States, or of this Territory, or given any just occasion for alarm or inquietude to the good people of this Territory.
The grand jury also present as a grievance, destructive of personal liberty, the false military arrests, made without warrant, and they conceive, without other lawful authority, and they do seriously regret that so much cause should be given to the enemies of our glorious constitution, to rejoice in such measures being adopted in a neighbouring Territory, as if sanctioned by the Executive of our country, must sap the vitals of our political existence, and scramble this glorious fabric in the dust.
PHILANDER SMITH, Foreman.
[Many are the intrepid actions which have been performed by the British seamen during the present war, but we think the following exhibit, as far as our limited knowledge of naval affairs permits us to judge, an instance of greater boldness in planning and executing, than any thing which we have heard of.]
ST. JOHN'S, (ARTHOUE) February 3.
Admiral Cochrane, who arrived at English Harbour on Wednesday last, in the Northumberland, with the Canada and three frigates, having on board the 15th regiment, and 100 artillerymen, sailed again from thence on Saturday for Barbadoes.
We are happy to record an exploit, performed by the officers and crew of his majesty's ship Galatea, which for cool intrepidity, is not perhaps excelled by any to be found in the annals of naval history.
LIEUT. WATT, late of the Hart, is appointed to the command. The Lyra is now at English Harbour, where she arrived yesterday.
LATEST FROM EUROPE.
The schooner Perseverance, capt. Messervy, arrived at Marblehead on Friday, the 6th instant, in 39 days from Bordeaux.
The French have at length measured swords with the Russians and gained a victory.
Capt. Messervy confirms the accounts of a dreadful malady having appeared in the French army, and of its having been very destructive.
Forty-Fifth Bulletin of the Grand Army.
PULTUSK, December 30.
The battle of Czarnowo, that of Nasielsk, that of Krasnosielce, the affair of cavalry at Lopatyna, have been followed by the battles of Golynin and Pultusk, and the entire and precipitate retreat of the Russian armies.
BATTLE OF PULTUSK.
Marshal Lannes could not arrive opposite Pultusk before the morning of the 26th.
The combat was spirited. After a few struggles the enemy was overpowered.
Marshal Lannes was slightly touched with a ball. The 5th corps of the army have exhibited what brave men are able to perform, and the immense superiority of the French infantry over that of other nations.
BATTLE OF GOLYNIN.
While the corps of Benigsen was at Pultusk and beaten there, that of Benigsen joined Golynin at night.
Marshal Davoust, who pursued the enemy from Nasielsk came up with, charged them and drove them from a wood near the camp of Golynin.
At the same time Marshal Augereau, arriving at Golynin, took the enemy in flank. The general of brigade Lannes, with the 16th light infantry, carried at the point of the bayonet a village which served as a point of support to the enemy.
Three hours after noon the fire was lessened. The Russians were defeated and fled.
Altogether, the Russians have lost 10 pieces of cannon, all their wagons, more than 10,000 men killed, 12,000 men killed, 10,000 men made prisoners.
We have lost 800 men killed, and have had 2000 wounded.
Before this expedition the Russian general declared that they had 150,000 men.
Gazette Marine Mémoranda.
ARRIVED.
Sch te Pease, Stanwood, 32 days from Marblehead, and 23 from Antigua, Sugar and molasses, bound to Newburyport, put in to port, having in a gale split the main of his sails.
Ship William & Mary, Tipling, 18 days from Barbadoes, Salt, Noble & Arbuthnot & Co.
Ship Franklin, Bentley, 27 days from Antigua, Combs & Ifles, Robert Dickson.
The ship Roba & Betsy, of this port, has arrived in the Delaware from Calcutta.
The Jane, Ritson, of and from this port, was spoke on the 12th February, in lat. 22, 08, long. 64, 44.
CUSTOM-HOUSE—ENTERED.
Ship William & Mary, Tipling, Tuck's Island, Brig Franklin, Bentley, Antigua, Sch te Pease, Stanwood, do.
CLEARED.
Ship Eleanor, Lord, Falmouth, Planter, Moore, London.
On Tuesday next 24th instant, at 11 o'clock, at Messrs. Webb's, will be sold, without reserve, the CARGO of the brig Ann, captain Bassome, 863 Bags Prime Green COFFEE, containing 100,000 lbs.
FOR SALE.
The Schooner FARMER, lying at Camp-bell's wharf, is a staunch, well built craft, with sails remarkably fine, only four years old, built 12 tons. For terms apply to Price & Woodhull.
FOR SALE.
The Bermudian built copper-bottomed Brig MARTIN, burthen 124 tons or 1400 barrels, is good order and well found, can be seen at the small wharf where credit will be given.
Superior Antigua Sugar, in hogsheads and barrels. Apply to Price & Woodhull.
Cognac Brandy, 4th proof Gln, Collins, March 30.
FOR CHARLESTON.
The fine new Schooner Planter, Frederick Hall, master, will be ready to sail for Charleston the 1st of April, loaded with flour, and intended as a winter vessel for Charleston and Baltimore.
Who have not received 30 barrels Whiskey, 12,000 lbs. Coffee, and other articles after the late planter's arrival.
For Sale, on board the ship William & Mary, A few thousand bushels Tuck's Island SALT.
Apply to JAMES WOODHULL.
TUCK'S ISLAND SALT.
6000 Bushels, on board the ship William & Mary, for this port, and on a short cruise. Noble & Arbuthnot & Co.
A Person acquainted with Mercantile business, and very respectable, knows what is the best mode of conducting a business, and can be employed in the same, by application to Mr. J. Woodhull, at the Port of Philadelphia.

30 ... 250 ... FOR SALE ... John Moore
FOR SALE ... The BETSEY ... A. MACLURE
FOR SALE ... The Ship GEORGE ... Moses Myers
FOR SALE ... The Ship INDIA PACKET ... PHINEHAS DANA
FOR SALE ... The Ship THOMAS ... GEORGE MURRAY & CO.
FOR SALE ... The American Ship AMABLE ANTONIETTE ... C. & E. Whittle
FOR SALE ... 1000 dozen of CLARET ... Vin de Grave and Bourdeaux Cordials
FOR SALE ... LAND FOR SALE ... Robert B. Taylor
FOR SALE ... DR. JAMES BROWN ... PHYSIC AND SURGERY
FOR SALE ... NOTICE ... ROSEMAN WOLF
NOTICE ... The subscriber is desirous to contract with some person to supply the Garrison with FUEL ... John Saunders
FOR SALE ... 4000 bush. coarse Salt; Antigua Sugars, Antigua Rum; Jamaica Coffee; Guadalupe do. Martinque Coffee ... C. & F. Whittle
FOR SALE ... 125 boxes White Havana SUGAR ... Thomas Willock
FOR SALE ... THE HOUSE now in the occupancy of Mr. James Taylor ... William Vaughan
NOTICE ... ALL persons indebted to the Estate of JAMES DICKINSON ... Mary Dickinson, Exec ix
WHO HAS FOR SALE ... That pleasant place BELL VIEW ... William Sharp, C. C.
NOTICE ... ALL who may have claims on Mrs. S. WARD ... L. Anderson, P. M.
THE SUBSCRIBER ... The Ship Chandlery and Grocery Business ... John Cox
NOTICE ... His Britannick Majesty's Consul to the State of Virginia ... John Hamilton
NOTICE ... A meeting of the Rector and Trustees of Christ Church ... Wm. Hartshorne, jun.
NOTICE ... All persons having claims against the late JAMES DICKINSON ... Robert B. Carter
FOR SALE ... Now landing from the brig Sally and Jenny, 64 hlds. Sugar; 11 barrels do. ... Phinehas Dana
FOR SALE ... 50 chests Young Hyson Tea ... Mackinder & White
THE partnership of Gilliat & Mackinder ... March 6
THE SUBSCRIBER ... Has removed to capt. Will's store, on Marsden's wharf ... George Wilson
FOR SALE ... 50,000 white oak hogshead drawn Staves ... Proby, Harman & Co.
FOR RENT ... That commodious Fire-Proof WAREHOUSE ... David Patterson
Leather, Cordage, and Loaf Sugar ... The subscriber will hereafter expose for Sale ... Theo. Armistead
Just received and for Sale ... Muscovado Sugar in hds. tierces and barrels ... James M'Clenahan
NEW CUT-NAIL MANUFACTORY ... ON TOWN POINT ... LEVIN DORSEY
RICHARD TERRY, & Co. ... DRUGS & MEDICINES ... March 9
FOR SALE ... COCKE & SANFORD ... Fall and Winter Goods, viz.
FOR SALE ... A Valuable PLANTATION ... Thomas Hamilton
FOR SALE ... Strong, Table, and Ship BEER ... Joseph Hayes
FOR RENT ... The Fire-Proof HOUSE on Market-Street ... George Vashon
FOR SALE ... 13 pipes Holland Gin ... James M'Clenahan
FOR RENT ... The WHARF in Gosport ... William Wilkinson
NOTES OF HAND ... NOTES for the Virginia Bank ... Ledger Office, February 27
NOTES ... BY WILLIAM DAVIS ... FOR THE HARRINGTON