Western Sun, Volume 1, Number 18, Vincennes, Knox County, 16 December 1807 — Page 2

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ind prcfcnt fitUstien, in regilrA to one the Tudges of our General court, and ex preiUve-ef wilhcs, that the office of the late dcccdVJ Judc Davis, fliould be (applied by a &eniienun of legal talents and eminence, whs kad pranked in fomt of the fnn-rinr cnnrts of the United States, ami

who was not allied to the Territory by connexions or property,0 with an earnttt folic i ration that the Grand Jury fhouldreturn the prefentment in that manner- the Grand Jury, not believing with the attorney, that it was indispensably necessary or in fact proper to requeft the appointment's being made to a gentleman not refident in cur territory, of whatever Handing be might be ; but on the contrary, knowing and believing, that there were characters in our Territory who were fufficiently learned and very btherwife qualified to till the office of Judge, and wifhing (as I believe f very other citizen and well wiflier of the Territory dots) th at a citizen of Indiana fliould be appointed to the office, the Jury, notwithilanding the threats of the attorney, that the prefentment if found in any other manner than as he had drawn xc up, would never be founded without the. court-walls, after erafing that part of it which requeued the General Government to make the appointment to a non-refident, returned the prefentment to-court, with a requeft to forward on a copy, figned by the pre Tiding Juftice, to the Prefident of the United S. The prefentment was noted on the minutes of the cotfrt. as you will fee by the annex ed litters which paffed between Genl. VV. Jolmfton Lfqr. (A) an attorney at the bar, and Robert Bunthi, Efqr. (B) the clerk. But what became of.it after waids ? there

lies the Farce and Tragedy and the lutrhc-

itstawi and liable t its tribute!, ani mitdci. But ir.drpfr.nt of cur rigt.t, trr

wifhing the province of a grnd j'lty to oc completely difgraced by the coutt. Who, if they have not neglected their duly, l ave (I fear contemulUutly difu-paidrd the re-

quell of fo rcfpedlable a body as the grand inqueft I wow cIl upon you for a copy atttlUd in due form, of the prefentment

above alluded to our fcts I'll actuuiu

to you for. 1 am, fir, Tours obediently. Genl. IF. Johnston

(B.) Vincennes, Die. 7, 1807. Geml W. Johnston, q. SIR, It is out of my power to furni.1i you whh a copy of the prefentment mentioned in your rote of this day. Yhatprefmtinent w3 delivned to ine by the grand jury, accompanied by another on Tucfday, and both by ine filed with a number cf other papers, then on the clerk's table On Wednefday 1 took up the file to lay that paper before the court, but could not find it, on mentioning that it was very extraordiuaiy what could come of it, Mr. Hurft replied that he had it taken by pennifiioii or by order of the court on requeuing him to return to roe, he anfweied that lie would not, that he had taken it by permilliun or by order of the tourt, and he would kep it. I am with the grtateft Ilcfpcdl, fr, Yours, Sec. &r. R. BUNTIN, c. c.p. k. c.

ry committed on the Conititutional and in-j AMD here comes Davis Floyd again! hercnt prerogative of the Grand Jury ! ! IjWhat agtin ? .Merry on us ! Why when for the fake of justice: I would fain notjirt the name of all that's wonderful, fhali

name it I I would not let it be tiM in Gath nor published in the Itrcets of Afkdoji, left the votaries of law and good order mould

.vtatirn in faocloth and alhrs, and thofe of

ariarchy and confufion rejoice!! But as XhaTe put my hand to the plough, I mull not look back. From the moft correct information I have been able to collect, I believe, the prefentment slept one night in the architves of the court 1 1 (what fum the attorney may charge the county for this one night's lodging of the prefentment, I cant now tell, but if psradventure I fliould ever hereafter find out, I'll then let you know) the next day the attorney, in a hookemsneevy of a manner, in the abfence of the clerk, took the prefentment out of the files, the day after, Mr. Johnflon called upon the clerk, in open court, for a copy of the prefentment the clerk called upon Mr. Hurft thr pifuney for it and Hurft, forfcoth, claimed tl c .ir-jtefVion- of the court, Hying theprefidi-tg Juft..e or the court gave him liberty to withdraw it 11 that he had done fo. .! rl would kep it in terrorum or by ivsy of e:: inplc 1 fuppcfc '. !) it was even obPrrv -ii the time of the application by

IMr.

by the attorney, and ano-

we have done with this man and A. Burr ? They have made more fufs than enough already. I cant help that, it is irv duty

to purfue this tractor through all the wily

wanderings of his infernal coufpiracy.'

the indictment of which the Indiana man fpcaks, reads as I am told (for I dont like

to be caught in a court, of laws) that Davis Floyd not having the fear of GcD before his eyes, but being moved and feduced by

the mitigation cf the devil on the

day of December (the particular day was

mentioned but my memory being bad, and

not expecting to be called on, 1 dont now remember it) in the year of our lord 1796 at Clarkefville i.1 the Indiana Territory afortfaid, did begin fet on foot, and carry on on a military cnterprize, againft his Catholic majefty the King of Spain, to the evil example of all others in the like enfi offending, and againft the peace and dig. nity of th United States I Kow, who

that knows Floyd, his tlun fituatiou, the

charrcter and conduct ct A. Burr, and the uicnmftances of the calV, bu: will as a candid man and a true rrpublican, acknow

ledge at once that the indictment is every

word of it true; if indeed every word of it

have abundant pioof in this cafe, rd by

the mouth of two witneffes fhall eveiy thinrt be efthblilhcd. Loi there's the In

diana man and his zealous friend and anrto-

tator ; they hac never been convicted as

rioyd has been, t trealon ar.u iiigu

demeanor, nor yet of telling fibs, ncr ct propagating malicious flinders ; now Burrites what can ye fay, why this man Floyd

fliould be fuflercd any loncer to breath the

common air, to drink of the ftieams which

water your country, to meet with the

common civilities of urbanity, or to enjy

for an hour more the of that tin.

which the God of nature defigned for thr

benefit of his creatures ? Awry with fcinr 1

Away withhlin, he's not fit any longer to

to live-and I much qntftion whether he's

fit to die 1

44 Beinj moved and feduced 1 y the in

(ligation of the devil," ioir.e loci l.r.'v fellow s, and lomr wi.lmgs (with fuih cu:

country is plenti!ully Hacked) vir.ly im i-

gine, and pofitively deny, that there U am

Inch being as the Devi! . Nothing pleaxes

this prince better, for it is las matter itiolu

of policy, to perfuade folks, to believe in

his non-exiftence. J Hi all not hetc enter

into a critical inveftigatiori nf this matter, but leave it to be diltufied jud iVultd ii pofiTblc, by polemic divines, academicians,

Ichoohnen, Iceptics, inhnel latttudiuari nr.i., and all the long et cetera of difnutations

CrtVilleis, aijd thornuh-pacid coutroverfttil-

ifts who may pleafe to fliew their learning, xercife their wit, or difgore their nor.fcnfical whims upon the fuhj jct fufice it a; prefent to fay, that I believe that Floyd believes that the Devil had a hand in the letter sd:!ic(Tt:d by the Indiana man to a

lrertain Editor, and that Editor has lfo

felt the unkitiu ii.f.nenre of the power of his terrific nMjefty fiom P ndemoniuni But this is digrciling, let's return to the point. I am to prove that Floyd . was moved and feduced by the inftigatiou cf the Devil, r.s ftated ifi the irdictment and I do it loiri-

thrr oiiuw.-i.Mi who tomettmes rrprekntsjj:; not true, yrt there is ercuarh in it if Jupthe Lf.::r:;?' general, and the prefiding. ported by evidence, to convict the' cleavrrJ allien. t';:.t " the profecuting attorneyjtil fellow amun? ye, aye, and to have ye could nt: nolo profiqui's and withdraw puuifiied too Whv. only mind how it

I . . l ...... i -r i .

prnwui i tnu ;iHjrjf jpuniiiiec too vv i'v, oniy minu now

frcn; ci::t any and every indictment or pre- charges Floyd44 Not having the fear of

lentmcnt pi a Grand Jury, whenever he God hr fore his eve.'," this is enough of

pljatt-d." All omnipotsnt no doubt .Ihtfclf to condemn h:m, 'tis the appropriate

gran i jury's are ot no ule, notmngicluractc-r ot the wicked as exnrefied in Hotut a machine to anfwer the views of a )y Wiir, ?.nd on whom a woe is denounced,

profecuting attorney 1 1 I Was I a 44 lunh

of the law," I would cite to you authorities defcribin.r the province of grand ju-

and I hope that you'll notdifpute this au

thority ; 'tis at Ieifr equal to that of the

Indiana Mn and his coadjutor ; to be fure

nes, ana the legii powers ot a court of .it miht be f.ud by Hoyu tr lorne ot n juftice over their prefentments. Not be-1 Uurie confpirjtors, that human nature i ing fuch, I hope I Ihnd excufed, but fhouIJ.prone to err, at d let him who is without the attorney or the court, or even one ofjtatilt in this rc fnect, caft the lirit !ton- bu'

legal de- if we wait for that uhc

my fellow grand jurors requeU a

fertation on the fubicct, I will call

mid ill! One cf the Grcind jury.

in

Clerk

Sir.

r Buktik, Eft. , c. c. p. k. c. 5

lit re will the judge 1 e

who fhall be thr executioner in any cafe ?

No, no firs, thiswo.it do the doftrines cf

forbearance, mrrrv, charity, moderation and jll that is cbfolcte, and fit only for mien and chiklren : We the people aie veflrd with ? f)vexegn authority, and havr a light bicaufe we have the power adv.mceaman to hor.or and profit, or degrade bun to infarrv ?rd inoisrence. Whether

I have b:en ir.form:d by we le guilty of the fame, or even crime

Vincennes, D-c. 7, 1807.

fern? of the latt grand jury of this comity, which information I fee verified by the recces of your court, that they found a preft.iiCinrn: of the foimer and prefent fit-

uatij.i of tV.s their ,

of a blacker rye, is nothing to the purpofe, ar.d what is Hill more, we msy if" we plrafr upon a very rotten foundation, upon the

moft palpable fclfehi'od, trer.erated by ma-

"H.

one, lice upon the body iT ignorant e, cnnfgn aiid'anv r.in's name and tint of lis family to

f tins territory, in relation to

- ot cur rc.eral court, ami any nn's name and tint d lis family

l .villus up'jn the appointment 'the feern cblio-v and cor.temnt of the

cf a lutteu - k i jnd D4vii, witii a ic- prefnit and

A

hz lent

cy tr.tm,

eat ,i

U i

on to the

fnecredirre rer.cration.

ih- prrOutniei.t fi",jTJ ; 1 f v; fu fpect him of being fulpiciotis, that

eral r "rrtir.e:,.t. ' cnr:::rh. ami this i? r; -irrlv rnnfnnani

ii " - - - - - - -

Being a citiscnof the tc;riu:y, f-ljl tojvith the axiom in pclil'us vjx psfuti vjx

cally thus A. Burr is ti e D 1. Floyd was moved and feduced Ly A. Burr th

confequence is plain that Floyd was moved.

etc. by the D 1, deny it who will or can. The premifes are incontrovt rtable ; it is

an cnential and cfTential charactereftic of the D.....1, that lie t5 going to and fro in

the earth feekiug whom he may devour. Did not Burr go about feck'ng gulls apd greenhorns ? He is :dfo compared to a

roaring Lyon, and is not I3uir bold as a

Lion ? To he lure heuid not roar much

while in the wellein country, he wrought by fecret means and practifed !iisarts of deception upon the credulous and unwary,

and even lome or the knowing ones were made the duprs of his deep deSuing, and ambitious miid. Itri)l then that this !nft point is proved to you in a fatisfadtoiy

manner. negiu, let on loot an(f carry on military enterprise aguinll" Jcc. This is juft true as the reft of the incictment. All the , neighbors know (and

if other people want to know let Vm command ?fk the Indiana man, or may be he'll lend 'em word) that Floyd was always full nfcafh, and Ind other mars whereby 1 e could at any time have had a fi tilia, like Bonaparte's, huiit and replcnifhed with i! necelfary military ftores, for a voyage 'of fix, nine, or even twelve montl , t:cithe!

his family cr crcditois would have beeiij

t all affected by the expenditures of fuel

trifling fnms. He had gunr, pidcls. bav

onets, and m. ny other iinplcinents of

f!ag ioifteci, a band of rrunc pfyirg rairt oi the. Mailtilles hymn, 1 forget ul.ith, the major with his cocked hat, and a bicndy colored plun.e, his fquare toed bectj and his broad fwoid, ycu might have taken him for Lord Nclfon. for Anfon or for admiral Drake, who you well knew were wonderful fellows and great feirr.cn; I htpe that I h?ve proved to a dcmoi f ration, that Floyd began :r.d f.-t on foot this military enterprife .rgairft h:s Catholic k, mjtfly, which h?s greatly alainud tie fcais ol ffme weak I ut hontft men, wl.-ith has awakened the fufpirions of the watch, men, and called forth the euergy cf government, and which hath moved upon the hearts of all true and genuine republicjrs throughout the United States, like a mighty wind moveth the trees of the wood, iiiJ furthermore, cur good friend, the faithful fovcnigli of the tindem of Spain an independent foreign potentate rt oeace with the United States, snd whofe fubjrets enjryed the moft perfect ftate cf liberty, and equality hath been iruch diinrbeiiinthe ccgitatior.j of his he2rt srd the vifons of his head! Whit then findl be done nr.to the man who fhall thns hate triitoroufiy dar:d to dcmoliiTi the fair fa. brii k of virtue, independence and hap pine fc, which has been fitted by the r.rni and connected with the tlood of our ferdfatl-cts and who hath wickedly dmd to diftu.h the pc:rr of ti e good king cf 5psir. If

3nyiheje r.rc uhc pei tinatirnfly ir.fift that more and ftror.gei pt oof of Floyd's guilt is yet wanting I.o ! we havt it rcgiftcrfd ;.mong the r'couh of Ciak. When there it (lands in bfrt k ard white, tjiat Davis Floyd was guilty of the facts ihargrd in tie indidlment ! Whether- juftly, properly ai d legally or not is nothing. It

is downright fully to pretend that one of the

jury was the perfonal enemy of 'FJdyd,

that he wns piejudiced agamft him, that that man pcflcfltd ii fluerice amorg the jury and exercifed it in this cafe, to the clilrace cf himfelf, ar:d to the. injury of Floyd, and that if it had i.ot been' for him the jury would not have returned tl e vry. diet which thry did I Stub a lliameful thing as this did happtn in any country how then could it happen under this mild adminiftration of equal, laws in this land cf liberty ? It did not hzppen in this3 cafe, it wasmorrally (although peihaps. nr; pl yfically) impoflible thtt it- could hr.ppen, conlidering that the court (the pulidir.g judge efpecially) was the . (launch irierd of Floyd, and the fume judge 4 who was ftrorgly fufprcted of having a hand in the plot, and doubtlefs he would .have, thrown the impenetrable rampart cf his veto srrund the man whom he delighted to favrr. Nothing of this is done, the proiecutoc true to his truft, putfne the rdnroft blocdft lined mon.'ler through all the fuppofed i.ccfTaiy foims of Inw, and dr..gs him to the alter of public jt:fiice The indue in-

uignant at tne carirg outrageous w ror

death; nay, he miht have had cannon,

but they are rather r. fcarce article at Jef.

fcrionville : f nd beiiJes, if Floyd's refoiir-

es were weakened ut any time, all that he

nad to ao was to apply to that foxv frl.

low Burr, for a few bat.k hills, nnd his

wants wrre fi'ppiied, bunk bills and Funs

drafts were, one while the order of the d-y,

they were hying about the conntiy in fcil

directions, and for my thii'gthat 5 know

the Indiana msn and his friend my have

landled lomr of them, and they mv havr

Tien value for thrm ; 1 dont pretei d tr

y thry did not, lor I bate to dr:d in

fcend.il ; I wifii f(nc other people ii.fiuen-

ced by the fame principle. In all events, Floyd's means were amply fiuTicient to at tain the end. He had fo mtiny boat?

of loroituvolr ftze though unwe'ddy built.

ie enhfled fo many men hoicc fpiiits,

true as fteel, Indian fighters why man, rhry'd take an ryeout of your head at th

Itll.ince cl one hur.cred yirr's or lef, ?nd

tliii k nothing it and he bought this, tint.

nd the other thing, parading away fo

I onftroufly that had you feen him w hen e tntcrtd on board bu i,pf hi tricolucd

which his corntry l,;id ftfT rfd by the mi-

c hinations of this ny.ftart ancf twanv would-

e corqueior of Mexico was rejoiced to nd that there (was yet eneigy ruc-ugh in the laws, and iaih prnclencc of the citizens topunifiiin the lame man the contriver and perpetrator of a moft ncf.rirus confpirary. 1 hue heard that it has been fdd .i d generally credited, thr.t feveral of the

jury, although tl ey had been perfuacird,

orc:d, or deceived into the fir.Gincr of the

verdict in the manner thty d!d, immediat' W .ftc rward upn ii application unhefitatingiy, Hid cheerfully certified tfcat they did not

believe FIo)d criminally Qnilry. If this be fo as the matter now (lands upon tie verdict and the certificates, it appears tht Floyd was guilty, without intending to do wrong 1 Humph 1 This I grant frcms to be a little puzzle fure or fo, ar.d 1 mud rail in the aid of the Indiana Gentlemen, and his right wortl y friend to folve ti e uifTculty In the mean time 1 fubfeiihe royfclf, BROKEN BLUNDERBUSS.

Letters from Paris ftrte th?.t the bcurclaiiesof Louifiar :had been fettled ty the French Kmpf-ror to the fatii faction cf oiif

minifUr in Paris.

True Am.

BLANK WARRANTS, For falc at tliU ofute.