davidaulloa/AmericanStories huggingface dataset:
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04
Probate Courts.
THE Judge of the Court Of Pro

f1E Judge or the CouTt or FRO
bate, for the County Of Cumberland
hereby gives Notice, that agreeably to Z
late Law of the Commonwealth, the time.
and places for holding fac Court, will in fu-
ture, be as follows viz
In Go,bIm, at the houle. of Mr.. Joiah Shaw
or the fra Wedhefday Of February, as ten
o'clock, A. NJ.
IN No,tb-1ayr,outB, at the houfe of Mr.. Seth
Mitchell, on the f1rit Tueiday of May, at nine
o clock, AN
In Bymj7gitE, at the houle Of Mr.. Ebenezer
Nichols. on the third "Wednesday Of May, at
nine o'clock, A. NJ.
In Stand.G ., at the hopfe Of Do6t Ebenezer
Howe, Jun. on the frf Wednesday Of Auguf,
at ten o'clock, A. N.
In Nezrgioeelqe,, at the houfe Of Mr.. Thomas
Johnfon, on the hrlt WedHefday Of October,
at nine o'clock, 4 II.
II F,eeporf, at the houfe Of Mr.. Samuel Jane
fon Oh the Grit Wednesday of November, at
ten O'clock, A. NJ.
n. B. Thofe who NAV have buGnefs at eth
er Of iaid Courts, are requeiled 70 be punctu-
al, in their attendance al the hour fixed.
- If by reafon Of fickncis, Incorporate
weather, or other caufe, the Judge lhould be
prevented from holding his court at any cf
the times and places aforementioned, he will
appoint fome other time, at luch place, and
give public notice thereof in the Portland
Gazette.
In Portiaad, at the Office Of John Frothing-
ham, Efq. on the feveral Wednesdays men
tioned in the FOLLOWING table viz
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04
John p. lhuriton & 90.

John p. lhurlton & 90.
HAZE FOR SALE,
SO Boxes Spermaceti Candles
40 do Mould and Dipt do
20 kegs Of Lard
90 cahs Engliih Nails, entitled to bebenture
IL crates blue and green ed red Ware
500 boxes Window Glais, afIorted fizes
srom by 8 to "A BY is
2ocwt Patent Shot, anorted lizes
Bundles Frying Pans--LP Cod-Hooks
Engliih .Shovels and Spades
Sheet and Bar Lead
Bngiih Scaie-Beams, all 6zes
a general ahortment Of Paints & Varniihe:
80 boxes Of No. Chocolate
81 kegs Englilh Muitard
hhds Rum-hhds. Molahes
Boxes Starch
10 chefs Equality Sonchong Tea
Bbls. Beef and Pork, sc. &c,
Marrb 9.
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04

!. To prevent delay, it will be reauifte, for
thole who may have accounts to letrle at any
Probate curt, net holden al Portland to OBJ
tain previouly, from the Regiiter's Office, a
certificate q. il be the fZf account) Of the a.
mount of the dsceaied's perfona efare or if
it be EeOrd account, copy Of the frE, and
If tbi'd or taaafb, &c. copy OF the proceed
ing accounts.
z. They will a'fo fee that thofe who may be
intereied, have due notice.
3, They lhaIl have their accounts previoufv
made out in proper form, and be careful to
bring their vouchers
4. If they fhould have location to fettle al
account in order TO apply to a proper Court
for icence to fell real eftate, il may be con-
venient to procure, from The Regifters dice,
. copy of rhe apPraiiemenr thereof and all
70, a certificate Of the amount of the ,la;ms,
where an eRate has been repre!ented ~ IA
fovent.
S, If will is to be prefented for probate,
previous notice fhouid be given to all whom
il may concern
9. Executors, and Administrators. will, il Is
preiumed, know, thar when will is proved, or
Letters of Administration granted they n,oud
have lufcient Bondlmen ready.
Theie Rules Except the ioOtaining of certi-
ficAtes and copies) ought alto, to be obferved,
when buhnefs, of the above defcription, Is 10
be done at the Probate Courts, holden il
Portland. SAMUEL FREEMAN.
Portland, Apyi 81.
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04
Cram & Afherton,
MIDpLE-SqREE7,

MIDDLR-SqREE7,
IIAvE received, in addition to their for.
L i mer afortment, Twenty Packages Of
FANCY GOODS,
by the Romeo from London :
AMONG WHICH ARE,
Several trunks Hoiery, of every Description
Some ladies and gentlemen's elegant In
dian cIockid do
Cotton, fix and linen Laces,
Some elegant Wells
Footings, Mantles, Gc.
Peruvian Nantes of Linen, Spider Lace, *
Spider Net Mullins
Several cafes of Book Muffin, trunks of
Ribbons, Ladies elegant Silk Shawls,
Ladies Spartan Drefs and Mul'd Greciah
Robes, fome made up
Chambra Mullins, Plain Gold End Jaco-
netts, Dotted MuIld Mullins, Cotton
Cambria, Tambord Leno Caps u Hand
kerchiefs
Farren worked Shawls, sc.
The above goods will be fold by
the Package or piece only.
f5riE 27 Ii
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04

Tickets Rifng !!
Burke Uotkg.

CUBSCNIbLNo, ere .ceceiVed at
It Cki,Es BooIfo,e, Filh-freet, for the
WORKS of that celebrated Orator and Statef-
man, the Right Hon. EDMUND BURKE.
The work viii be comsriied in four vols. svo.
of about 500 pages each The firff Vel is
pobsiihed and ready for fsIe; printed on al
elegant fine wove paper, and delivered to Sub
fcTibers at the very low price Of Two dollars
per vol at which price fublcEibers will be re-
erived.
.do,H 81.
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04
Nez0 Hats.
SOFT sop.

THE Subfcriber intends keeping conffantly
for lale, SOFT SOAP Of a good quality
for families ufe ny the barrel or retail, at his
Soap-Woi ks, MiGdle-Street, opPoGte Mr.. ROB-
CT Boyd's Store.
Houfe-Greefe, Tallow or Alhes, would be
taken in payment, and the Soap delivered at
any hOuie if required.
AlJo-for laIe as above, 100 boxes Soap.
Lifszvite-Quantity Of FEATHERS, Of an
excellent quality.
WIN. FENNELLY.
Portland, Jan &c. If
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04


Lands ~ tbe Dyfrltf Of 1lai'le.
IN the Townihip No. Six and Eight
in the Eighth Range, north Of the Waldo
Patent, are offened for fale, in lots Of one and
two hundred acres, for the purpole only Of
actual lettement.
Thefe townihips are 6tuated on the Se5eck
and PleaGant Rivers, which afford an eafy
communication through the Pifcataquis to
Bangor on the Penoblcot; :hey are well
ftocked with various kinds of excellent Tim
Der +; have number Of valuable Mill Seats ;
and the foil it is prelumed, is inferior to none
in the District.
One or tzps hundred Families may be accom-
modated with Lotsin rhele tUwnlhips, on terms
which, it is not doubted, will be feyta67iy Eaf1
isfasio,y.
EatsrSrizizg and irdgf'isa, Farmers, who with
to elabiilh thenfelves advantageouly, in a
country well fituated and rapidly interesting
in value, will do we'll to examine these lands.
Plans may be feen and terms made known at
the Offices Of Simon Greenleaf, Eiq Gray, or
Jacob MCaw, Eiq Bangor, and iadispRtsbIe
titles obtained on application to the Subtcrlber
IN townflsip No. Six, in the Eighth range.
l1sSES CREENL.EAF.
March, 1907 ON
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04
Ten dokLnrs re7pnrd.

p AN away from the fubfcriber, on The lS.a
II inf JosEPH ToBEY-had on when IN
went away, blue coat and ;rowsers' ana
Hgh, coloured wAacoat, &. black great-coal.-
Re Is about eighteen years old-sbouE ~
feet high, broad ihouidered da~k barr vssJ
amiabie conntenancs, and well lookiRg-pl2y'
on the file- has lea W tile top 9t his ns-d'
which was cut by Ratchet when he W.
child. -- Whoever viii return fad Hino' =
lecure him III any goal ia the United s--'-'
ihall receive the above reward
LEMUEL TOBt ~
N. BILE calls himieit by ei1fTen' nsiA~
Poyftzza, Afrd 20
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04

HAVE Just received and are now opening
4 4 large and general adortment of
falbiOnable Fancy u Staple Goods,
Particularly adopted TO the preCent and ap-
preaching feafon.-Among which are the fol-
lowing: viz
Mullins Of every defcription
Black, brown, snra, and FLYER grey, Silk
Chambra
Plaid and 0riped do
cotton do
Linen Cambria
Al, Ca, Cotton Cambrics
Lace do do
Black, blue, buff, plumb, 1ate, pink, and
olive coloured CAmbrics
Cambria Dimities
Common do
Hair Cords and Checks,
Salieoes from Is. to IS.
Chintz Furnitures
Pink and other coloured Cinghams
Silk, Leno, Cambria, Chainbra and GEM
mon Shawis
L.eno. Wells, Cap Patterns
Black, white, and blne Italian Grapes
Paris Net, GAUGES
Coloured Lulfrings
Ditto Sarfnets
Ladies and gentlemens black, white and
fate coioured Engliih azd French silk
Hofe
Worried and Cotton DO
Black, white and colosred Englifh and
French Silk Gloves, extra long
Kid Habit Gloves
Gentlemens common and beaver Gloves
Black, purple, brown and figured tabby
VeIvets
Printed Veivets, Teams, and Quilting.
Black Satin veffing
Felvets aud Veiveteens
Cotton Cords
Engifh Nankeens
Drab and MKT Satinret
Rnhels, Callimancoes, Durants, Deroys, *
Bombazsrts
Brown Holland
LINEN and Cotton Checks
Rritiih Cottons
India do
Diapers
Cotton Counterpains
Black and white Millinse
Morocco Shoes, Oil Cloths
Silk, Cotton and Morocco Braces.
Coloured Threads
Black Silk Laces
Cotton do
Velvet Binding
Black Sewing silk q.
Twiits, Needles, Pins
Hair Combs
Satin Work Thread Boxes
Quality and Shoe Binding
Ferrets and Gallons
Plztilas
cafe Linens
do Corron Umbrellas, extremely low
Paralols with Ivory heads, & walking ticks
ALSO,
A choice afiortment Of Broadcoaths, CAT
6meres, serges, and Hats, which will be fold
as cheap as can be purchaled in lhis town or
eilewhere.
Psr1LaEd, AbyT 27.
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04
ROWE q KEUS.

K Especially inform their friends
and the public, that they ave REMO-
WE'D from Columbian Row, to
No. 6, MuDys Ro7U, 1fiddls,f reet,
where they have Jun received and now ready
tor iale, a hondlome afortment of
Falbianc6lf, Fancy and Staple Go5ds:
adapted to the prefent and approaching fea-
iors which they will fell at reduced prices, for
cath or approved credit. AprH 90.
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04
BARTLETT ADAMS.
Sculptor and St9He Gutter,

Sculptor and St9ne Cutter,
\ 7 his fhCp oppo6te the Method.
1T Westinghouse, Federal-freet, otfen
for fale,
Moulded and Plain Italian Marble Chimnex
Pieces ana Hearths.
,Free-Hone lambs Nantes and Hear this,
Steps, Door, Stills, Facia, Window Sill.
and Caps,
Paint Mills, AGullars and Flags,
Garden Rolls, Tomb and Grave Stones of
every delcriPtion.
Orders for Marble, free Gone, Or
Slate, from any part of the country executed
at fhort notice, a nd every favor received Wits
gratitude.
Portland, AeriZ 20, 1907
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04

THE fubfcriber hereby gives public notice
70 all concerned, thar he has been duly
appointed ard has taken upon himielf the
truf Of al adminiltrater on the e9ate Of
SLLAS MORSE,
late Of Portland in the county Of Cumberland,
Mariner, deceaied, by giving bond as the aw
directs He therefose requelts AT perfons who
are indebted to The faid decealeds en4te, 10
make immediate payment and thefe whj
have any demands thereon, to exhibit the
fame TO HORATlO G. QUINCY.
April IS, 1907.
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04
NOTICE. 4

THE propristors of the Portland Monument
Groana, are hereby notified that the fra
Allotment Of ten dollars on each ihare, be-.
comes due and payable the 6rn day of May
next, and anIeis paid TO the lubicriber at that
time the fhare or flares of laid delinquents
will be fold at public auction.
IONA STUART, Collector.
6PT 2!,
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04

1 HE fabfcriber hereby gives public notice
to all concerned, tha- he has been duly
appointed and has taken upon hirnielf tina
trult Of Adminifra.or on the efste of
NATHANIEL TlNES,
late Of Portland, in rhecounty Of Cumberland,
Mariner, deceated, by giving bond As the
law drects-Hc therefore relueGs an perions
who are indebted TO the fad deceafad's -sz.e,
to make immediate payment and h-.r no
have any demands thereon, - exhibit Jhs iame
to JABEZ JONES.
April 27
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04
GEORGE LOWS,

Goldsmitb and W1erking .1eluellsr,
NJ, 10, Joaes' RoqU, Fil8yfrest,
HAS juR received and for Sale, Large ant
4 Elegant ah'orment of
1e4vtIyy, and Gotd, SiiUfr and PLATED
Ware:
AMONG WHICH ARE,
Gold and fancy Necklaces,
Topaz and pearl Earrings
Plain gold Ear Knobs and Wires
Plain and cut Hoops and Wires
Topaz, hair and enammelled Rings
Plain, cut and twift do
Git and Pate LockeIs
Gold and coral Beads
Crylial and amber Beads of all prices
Tortoife 1pel Combs, plain and mounted
Silver Miniature Chains
Silver bow d and Plain Steel Settlers, with
Chains and filver Cafes
Needle pin and Pencil Cafes
Geld bofon Pins
Gilt and mourning do.-3odkin,
Tooth-picks--Gorals for Children
Silver Iadles-plsted and gilt do.
Silver table, coffee and Tea Spoons
Salt and mufard do.
Plated muitard and falt do
Silver and plated cream Pots
Silver Tumblers and Gators
Silver D. fert Knives
Silver Fruit Knives with Pearl Handles
Silver Seals for compiling rooms, with Tubes
and Picks
Plated Candelficks and Saltcell.fs
Silver Sleeve Buttons
Kuee- Buckles
Silver mounted Spe6tacIes
Silver and pearl mounted Cork Screws.
A Handlome aGortment Of capp'd Watches;
Gold FLYER and gilt, of Englih and French
manufacture.
God and FLYER Seals and Keys
Plated and gilt Chains, Seals and Keys
CIPHER and Comedian Keys
Eight day Clocks and Time-Pieces
Looking GiafTes Of all tizes
Profile Frames with gilt rims
Likenefes of Warrington and Hamilton,
elegantly framed md glazed
A handlome aiIortntent of Competition
LikenefIes, both ofW Arlington and Ham
IIton. ALSO,
A great variety Of Prints, &c.
Together with general adortment OF
APMOURY, coniifting of
Guns, Piltols, Silver Gilt and Plat
ed mounted Swords
Gold Appauletts, Tiniel do. Silver do.
Sword Knots, Salhes, &c,
r. All the above articles are warranted to
BE IF the frf quality; and if any Of them
prove otherwife they may be returned and
the money viii be repaid.
r. Country traders may be fuppied with
any Of the above articles, for cath or approx.
ed credit, as cheap as can be purchaled in
Portland or Bottom.
~ Watches repaired, fold and exchanged
Goldlmith's aud Jewel ers work, and repair
in that line of bulinefs, done with neatnels ant
at the ihorteft notice. TIE fmallef favor
gratefully acknowledged.
Cath Given for old Cold and Silver.
April 27
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04

Sugar and Mola6Es.
TWENTY boxes white and brown Hawai-.
ma SUGAR
10 Hhds. be(t retailing GaudalouPe MOLASS-
ES,--For fale by
John p. Ihnrlton & Co.
AbrR q. FORE-SZREET
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04
For Sale

A BOUT $50 feet Of hewn Stone, Irritable
: for underpining can be delivered in a.
ny part of the town at fhort notice-Enq,lire
at No. z, Mufey's Row. AprH q.
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04

FOR Gale by the fnbfcriber, on reafonable
4 terms for cath, or if required, credit
Of fix years, valuable FARM, lthatsd on
the county road in ToejBam, county Of Lincoln,
about e miles from Topiham Falls-Said
Farm is well warered, has good buildings,
and large quantities Of fhip timber and fire
wood thereon ; is good fand for Tavern
or Trader. The purchaler May have from
f7v9 to yf1 hundred acres Of land - Ayo, a num-
Der of Lots in other towns in faid county, a
part of which are under improvements, with
convenient buildings the con.
HEZEKIAH WYMAN. /.
TcbEasz, Abyi %.
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04
CrCfS & Martin.

CrClS & Martin,
LAVE for fale
I 1 1000 VT. Of frf quality Baltimore Hams
ALSO,
500 bulhels Connecticut Corn.
<prI27.
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04
For Sale, or to Let,

For Sale, or to Let,
n GOOD Barn and Barn yard,
L a ftuated in the North part Of the town.
Eonuire at the Gazette Office.
@fTR 81.
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04
Corn, Flour, SIC.

Jofeph '. Bacon,
'HAS for faIe,
a. L 600 bulhels Yellow Corn
SO barrels Superine Flotr
Few half barrels do do
90 barrels Fine do
6 chens Hyfonfkin, and Souchong Tea
Few pipes Sd and 4th proof Brandy; at
TIE Store of Mr.. Ztaqe A1eLelzoa, No. Y, In
grahaIn's Wharf, April q.
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04

Huhey & .WinAow,
HAVE for fale at their fore In FiG-
Il Street Y.
$500 Cwt. Of Coffee for retailing
5 Chiefs souchong Tea
50 Boxes Spermaceti Candles
so do mould tallow do
Caixs SPermacet Oil
do Whale do
CT The a59Ue articles pN BE- J51 on
gead tym5 far eas OF 9aPr0qed eredt. April 81.
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04
Cheap BOot and Shoe Store.
lust opened by EBENEZER
y GRIFFIN, handlome sfiortment Of
BOOTS and SHOES

Kid Slippers, plain, plaid, and laced-Mif-
ies' red, yellow, green and black morocco
ladies' lace, black, Morocco Shoes; fancy and
black ruff Shoes very cheap.
All the above Shoes, will lie fold at the low
eft price fer cath, and for cath only.
CuGomers are invited TO call and fee for
themietves, and if they can Afterwards buy
cheaper, The ihoes may De returned ,If not IN
jured, and the money lhall be paid back 70
them. Any floes thar rip viii be mended
gratis as long as the famp remains in hem.
dbrH q.
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04

THE fubfcriber hereby gives pub
lie notice to all concerned, thar he has
been duly appointed and has taken upon him:
felt the trus, Of Administrator, Oh the eGate on
GEGRGE tURGESCN,
late of Portland, in the County Of Cnmber-
land, decesled by giving bond as the law d.
rects-Hs therefore requests All perlons VINO
are indebted to the faid deceafed's enate 70
make immediate payment and ,hoie who
have any demands thereon, to exhibit the
fame to
DANIEL MANLEY.
Jen. IS. (Abra 20 Z
He fubfcriber hereby gives public notice
to all concerned, that lie has been duH
appointed and has taken upon L;mieIf the trnit
of executor Of the Taft will and telfanent o.
ISL MITCHELL,
late Of NewgIoucefter, Ia the county Of Curl'
. berland attorney at Law, deceaied, by CIV
, ing bond as the law direc;s-he therefore Re;
queRs all perlons who are. indebted to the
laid deceafed's eltate, to make immediate pay,
nieut and thofe W 10 have any demands here
On, to exhibit the fame to
NAHUM MTTCHEI-Li
or his Attorney, EzEklsL WHITMAN.
6prI o.,
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04
William Thompfon,

William Thompfon,
Tobacco and Sniff Manufacturer,
HAS for faIe at his tore in Middle
fret,
Pigtarl Tobacco,
Fig and Leaf, do.
Segars,
No ! and fmoking Tobacco:
Ago-Thompfon's warranted Snuff, whole
fale and retail.
TO LEI,
A two tory Dwelling.houfe, IL
dated in Free-hreet, oppolte Mr.. Stephen
Lees Brick-houle. Inquire as above.
dPrH ~. GD
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04
Fresh Goods.
No. 6, MussEYs' Rev.
Rowe & KeuS.

HAVE just received and are now opening
large and general afortment of
Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-05-04
Farm for nie.

Portland, Jan. &c.
The Wheeling repository. [volume] (Wheeling, Va. [W. Va.]) 1807-1808, 1807-04-30
TERMS OF THIS PAPER.

The WHEELING REPOSITORY is pub
ilshed every Thursday, and forwarded
to such places as may be directed, by
the public mails, or the earliest private
opportunities at Two DOLLARS per an
mum, Exclusive Of POSTAGE to be paid
halt-yearly in advance; No Subscrip-
zion taken for a shorter period than six
months, unless by special agreement {:
No Subscriber at liberty to discontinue,
unless his subscription be paid up.
ADVERTIsEMENTs not exceeding a
square, will be inserted three times for
One DOLLAR, and (when reqnired) con-
tlnued afterwards at wENTY-FIvE
CENTS for each insertion; and longer
ones in proportion. Cash will be ex-
pected with them. Those who order
thelr advertisements to be published six
months, will be allowed a deduction of
ten per cent. and to those who advertise
by the year, deduction of twenty per
sent. will be made /: Advertisements
continued " till forbid, to be charged as
above.
The Wheeling repository. [volume] (Wheeling, Va. [W. Va.]) 1807-1808, 1807-04-30
OpHi9n ef Chicf Justice MarshaA.
The United States,0 On a m0ti2n
Us tar q C0Hl-
Aaron Burr. J mitment.
Concluded. !
TConchuded. !

The second charge exhibited against
the prisoner, is high treason against the
United States, in levying war against
them.
AS this is the most atrocious offence
which can be committed against the poll
tical body, SO it is the charge which is
most capable of being employed as the in
strument Of those malignant and vindic-
live passions which may rage In the bo-
come of contending parties struggling
forpower.-Itis that of which the people
of America have been most Jealous !;
and, therefore, while other crimes are
unnoticed, they have refused to trust the
~7lational legislature with the definition
Of this but have themselves declared in
their constitution that " it shall consist
only in levying war against the United
The Wheeling repository. [volume] (Wheeling, Va. [W. Va.]) 1807-1808, 1807-04-30

States, or in adhering to their enemies
giving them aid and comfort. This
high crime consists Of overt acts, which
must be proved by two witnesses, or by
the confession of the party in open
court
Under the control of this constitution
al regulation, am to inquire whether
the testimony laid before me furnishes
probable cause in support of this charge.
The charge is that the fact itself has
been committed and the testimony TO
support it must furnish probable cause
for believing that it has been actually
committed or it is insufficient for the
purpose for which it is adduced.
Upon this point too, the testimony of
general Eaton is first to be considered.
That part of his deposition which bears
upon this charge, is the plan disclosed by
the prisoner for Selling upon New Or
leans and revolutionizing the western
etates,
That this plan, if consummated by overt
acts, would amount to treason, no man
will conrOvert. But it is equally clear
that an intention to commit treason is
an offence entirely distinct from the ac-
tual commission of that crime. War
can only be levied by the employment
of actual force. Troops must be en-
bodied, men must be assembled, in or
der to levy war. If col. Burr had been
apPrehended on making those commune
cations to general Eaton, could it have
been alleged that he had gone farther
than to mediate the crime Could it
have been said that he had actually levi
ed war 2-Most certainly it could not.
The crime really completed was con-
spiracy to commit treason.-not an &C
tual commission of treason.
If those communications were not
treason at the instant they were made,
no lapse of time can make them so.
They are not in themselves acts. They
may serve to explain the intention with
which acts were committed but they
cannot supply those acts, if they be not
proved.
The next testimony is the deposition
Of general Wilkinson, which consists Of