Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-12-06

VI, "
is"'y oi""n.h s".poi, tie character al AwIu- |
h,>op
The testimony on Tie part of Amnhisor h.re clos |
ed, aud lhc Court ntjpu,med ioi iva hours.
a. y, z. NJ. the Court met Pursuant ia adjourn
mrn, aud the pie:'l,mgs the par, sc the Cu,ied
States wee ol'e"ed b, NJ Glenn, The d,si,c, at
Iotncy.
Bewas succeeded ty David Stewart, E>a. one OF
the counsel To the accused. Mir. Stew,, cone uJ.d
his argument at . O'Clock, asd tie court then adj
Jonrned Ia the next morning. N consequence Of the
lHG'sp">'i'on oi He,erdy JVDOsVn, Esq vme vi the
counsel to the a,Sussd
On ime,,iay morning, the Cucuu Court again
met, a"d He'"rds johnson and Upton = Heath,
Es'rs. conunued a"d concluded ibe defence oi the
prisoner.
Al The reques, of tie DsIr;c, Attorney, the CourI
then adjourned mil o'clock, L. NJ. when Nj.
n'ehh closed "e case GA ihe pat OF the Uni,,d
States.
The judges, Dnva and Bland, gave separate char
ces 10 me Jnty, IN winch they upheld the cVusiruc-
ion wh,cA had been gives 10 the 18Th section of The
act oi Congress al 1910, by the District Attorney.
he jury retired "a, o'clock, aud reformed anou,
o clock, with "a verdict of - entity the thmd
count oi the indictment, aud " Not Gnidy,' ,hr
-, second aud fourth cuunis OF the Ind sane
We have not b-rn able to obtain sketch al the
arguments addmc"d 10y The counsel Ioi the iisoner.
They contended Tor the most pat aeans, such
construction OF The act of Congress would render
he mere possession md exhibition oI dangerous wea-
uohsi such a use OF dangerous Weapons rs would al
itself put the lives ui the d,vrr the guard in eop-
ai',N.
Gus illustrations show the extreme degree ol danger
denoted by the word :" Jeopardy" aud strcnuuGsi,
'rgoed that Ne Intention II using tue dangerous
weapons, must concur wHh he possession of ihpp
before the hie o The carrier or guard could he said
% be IN jeopardy. They den'ed hs' any such iat.n-
ton was manifested hy AninI,,sor IL. assuc,aits
anj they founded this DENIAL upon ihis broad and i'm,
NOV cable argument: I hat as the purnosr winch
thsy went together TO accomplish WAS almost irus-
rated lay the immediate and brave r-s,Aance of tb.
Quad; rs the use Of the dangerous weapons wa.
necessary AT tue r M AZ
y Hey erer Intended 10 use them, they had cvr,v n
porunIiy oil us,pg them ant as the motive II re-
,ense, Uor Moore aud Ward were ore.,lf,ll,
woDnded) conspred with ,he nioiv- of appsren N, ne
cessy 10 diciae the use at those weapon. aud as
tsSe dangerous iosdpo"s 0ere nsrer uSed, ,ni-r-
e"ce of reason aud oi Law would ne, ,bai the obbrr,
d!d nos intend To effect the iobi,iy las the use
geroas weapons which would pu, The guards lie IA
Jeopa,dy.
The Jury impnnelled on the cause were Of high
standing socety Tor experience and iutrIlir.n,e
and their verdict has gwen great aud per, aiding sa,is-
faction.
Ihe pistols and muskets, when found all loaded
qJ MOTIF, may be p'-.rr thu, there is an
Indictment against Aminhsur and Wari Tor wut ding ili,
Guard The words Of The at Congress are follows
Sec 49, THAT if any person any cai rrr of ,e
Mai OF tue United Stes osr person entrusted there
with, OF such nn' ar Of pat therei, or offend
ers, Shall ON conviction, be- imprisoned exceeding ten
years anu convicted second time. a ut,
or they, shall snne death ii in ritciing such robbery
oil the mail the fret tnr the offender shalt ound Ia,
person having custody thereof put his lie Jeopardy,
S me use o weapons such offender offenders
Indictments we're found each alternative of iha ln.t
clause OF section, and of in the trial the
JURY could not take cognizanee OF any which Tie
S'uard may have received
In case of ward the instructions OF the Court were ex.
press 10 This effect.
MoNTGoMERY, (AJ NJ. l5.-Gen. M'Iniosh, of
the Creek naIiUn, passed through this Dace , lev
days ago, and nio,m u.s. that he !, ,us, l,on iic
treaty aiels held between the Unned States am, the
Cherokee nation, al Estenaula and riiat there was
no p'ob"h'iy OF The Cherokees selling any of their
lands 10 The United STATES, (ie nbec, Tor which the
treaty was held the chiefs heiug muci ouDossd 10
any dm'nu'iou of their TERRITORY.
The U"iied States being bonnd by contract 10 -x-
tinguish 'he Indian lille all ia. ands within he
territorial linus OF G-Orgia, doubt whether "A
inore prppiouS time for that purpose will ever ar
rive. L" proportion To the march Of civilization A.
mong tue indians, they place ~ nighet value upon
their lands which, in fact, become more valuable
IN proportion 10 the density uf the white population
around them. Although IL may not have been ,l,e
object oi The general government TO for any OF
The Cherokee lands within the iimiIs Of tbs stale,
yet acquisition Of lands within The limits oil Gror.
GA, upon The head waters of the Alabama river,
"o-id, IN commercial point Of view, be OF consd-
cradle Importance 10 this slate, because the Alabama
river wopid ie the most convenient HIGHWAY through
which The inhabitants OF thai of Louniy could
nd "a n,,Ike tor t!.ar surplus produce. And when
u rs considered, TINT ronstdarbe exirnl icIue
healthy county, now occupied lay the Cherokres is
within the chartered limits OF a state we appre-
hend that ON legislature, which will ,btriy be in
session, would render vary essential service to the
body polite, by uniting with the stale OF Georgia in
an energeuc appeal To Congress for such an appru-
prinon as "oud AZ once effect extpg nishm-o, oG
the Cherokee lille to the lands IN question 1Repub
CAPTURE OF PORTO cAvELLo.
NEW YORK, Noyemher give learn of Cant
1pk ms who arrived iasi evening IN short passage
from l,guITa, that the Town of PoIio Caveilo was
taken by Storm on The 7h inst 10y Gen. PAEZ, aud
that the port capituated d hours after wards This
Intelligence was brought Lsguira by Capt. Murray
OF the COLOMBIAN navy. Witu
The day Cont. IL. ieft Lagmra. Capt. Fen,on, Of
the HurrieL- NepsH, of Philadelphia, arrived there IN
an open boat, with his crew, his vessel having been
captured t"nr days previous ui ne Rncas, and they
sent admit with nothing bur three gallons Of water
They had been oct three days aud four nights, anu
but for a little sisenance from some lines in the
pocket of one OF The crew, Must bavs persisted. The
Col privateer Geu. Soubelie, Capt More ridge sailed
immediately ~ pursuit Of The pirate, with number OF
Americans and Europeans board, WHO volunteer
ed lheIT SERVICES -Ner .9dU.
We have received 10y he brig States, a file of
Caracas papers TO The 4'h iGsi.
The government, has officially announced, that the
powers granted 30 Sensr Rqjsi Rsrengo, Ms Minister
to England 10 L'1s Lopex Neadss, IS M,nrsier. to
France, &c. nsd GFn. Dererear, as Minister 10 Rus
sa, sweden, &c. are REVOKED.
III" Hon Manuel HURTADo, late a member of
the Senate, - appOnted minister plenipoIentiar,
to England aud Senior Moreno, is named as agent
TO Rome.
The papers coniain u list Of The attendants and
Governors Of The several departments Gen Barnu-
de- - apDoin'.d lnle ia Of the Onnoco Grn Fot-
io"l, oi Boyaca Gsa. Monl,la, OF Maedaieua Ger
CTreno, OF The islhmus ; Gen. Orega, Of Cauca
and DR.. Umina, Of Cundinamarca.
Cen Ioro il appointed professionally TO The depart
men OF Venezuela, aud Gen. Manrigue, to lhai of
Zulia.
Quito, aud Guayaquil yet under the immediate
command o. lie President
The Congress gave formal approval TO the ex-
pedIton NJ the Pfcsiden' Bolivar 10 Peru
The exclusive privilege of manufacturing sheet
copper, for eight years has been granted 10 Charles
Stuart Cocbraup