r
V
J.
-t:
v
..A
ii;
v i -
' '3.
... !
I -V' ..at-- -.
if
ft
ii
ft.
ft
TRtAIi OF -
; iiito?. Aaron BiifrXc
iOf .VdSesdsf , :M Burr sauV he had let
'terrnSlavit to psviJjce. t'hevr that Inv
Jreptr meius have been died td contaminate
,publie Justice'.;' WniU theseproof hve
kse.i dalf k!i'tbited. It wilt bd ins'province,
" -bf the court to dicids, whether tUc'y wiH Jpo
Bay their hand i upon iuch pvid'uncc" ' . ,Mr.vB.
mllniert tq ihj of hi? letter' hinn J, He'
'Vtopp- Vl th pii't-o.1&c8bjf.(le'. Williirt9nv
4tand bniih;ln evidence, aiiust him. ,.ThU
' hu'iiect occiiioned great ical deiiillorr'
j!? TIirda7.vtihl?'Chret JiBtk'e 'deUwfed'
4j!thf op'mion oiv VVillie'n 'case,- wliicli.
, 1u,V! fP" of; VVtjtie' antwerinj the ue"'
p,popourded.. " Th? gentlemen, of the!
.(aMid the jui3t?e) will understand Ihe '
tule Uki d jvrn bjr the cojp, ta be this It it.
province of the 'court ,t a Judjjev, whether
- Ml'trect uwertd th:qujtion which may
, be. , propped, will furnish ; eviJ .-nee atint'
bek witness. - i 'Mich ,an'wermay disclme
' fact, which forms anecessary and essential.'
. iljnW in the chVin of 4estini(nr which would
; 'b,3 abificicnt to qimyict him of. any crime. he
is nofhrtud to answer it so as to furnish inai
' Her for thai co:icion. , In such a case., vho
. ;sjfUftasi mus: himself judewii.lii answer
Will be. n1 u he ays on ovti ttiai ne can
Jt atiwer without accusing himself, he tan-
in t h rom ifllfd lit uawer.". . ;. . '" ,:
lr .Viltie vrs thn imerroite respeq.
j VogthC.'leuerin. cypher. 'wliicli'he aaidwa
" vr'tttea by Mr; fliur.'. It wa sent to the grand
jury, j v f . . i
On Friday, -Mr. flurr stated, that the ex-
press aent ;to, hinston with the Subpotnd.
: Ducts jprcHin, had i returned to this; city on
( vWediVesday last, but had received no, other1
V . than a verbal reply from the P of Ahe tJ. S.
5 bat the.'papers wanted would not be sent hf
dm . from wMch ( have Inferred, ' said Mr.1
Jj. that he intend to send them In tonie o
Iher way ' e info-med the covirt, that un
est. he received some satisfactory informa.
" ttoDwtVis aubiect before the meeting of the
. " ourtf 'hi should to-morrow move the court
en forc'U process. .. . . . '
, Mr. Purr' counsel called up two ,withessi ;
ft who had drawn p deposition on which It '
. fras intented to ground the attachment ,
fainsiUen. Wilkinson 'for a contempt in
. 'burucfinff the administration of the jusJici
t f this eourt." Mr Hay interrupted the mo
. tion, by eirte for leave to tnd lip the qrand
Jury certain written interrogatories to be put
'r to the witnesses. ,Thi was objected to, and
occasioned a debate which lasted all dat
1 " - t "
. ' Saturday, June Jd. . , . t'
; 1 'tm'me'iftalely on the meeting of the cotlrlj
Mr. Haj produced a letter to him from the
President of the U "States, Inclosing auihcn.
ticated copies of the orders Issued from the
apartrnents of war H of the navy, relative to
the suppression of Aaron Burr's conspiracy.
U observed lha the court Would recollect
' ' the former letter from the President mention
; ed the circumstances of his having entrusted
to Mr., Rodney general .Wilkinson' letter,
( which onl Burr aow demands to be produced;
that the President had written to' Mr. Rod
ny to revurn it that St mii;ht be furnished to
the court , but since .that pintle man (as
he understood) had latetv left Wilmlnrtotr in
Delaware, on hi way to tha City of Wash. '
JiMton, the , mitneore letter bj the mail
jn$l have pisted him on the road. lie
jfaubtcd not. however, thai as soon as possU
tle, the letter in question would come to hand. '
The President a letter tkj tne docirmenti in.
dnudeeri received, hit r.l, in pari.
jtk4 writ oftulyttid duett ttctfm, ami art at
, . . FJi'H Jn IT, HOT.
- . T"j "i ' ' It,., A i '1 1 I 7"lM .11'
! !t iniVerinjyohrlee'tterolth'e'Pth, which
fe'stre'd communication or one to me from
Ven. WilRinioh, specified by ita date,".! In-j
li.rmed you In mine of the Wth, that ' I had '
'delivered ft, with all other papers respecting '
"the char ges mlftt Aaron Burr, to the rttor j
' when he went to Richmond, that
.'1 had slipped he had left them In yoor pos.;
'Version, hiit wtfuld Immediately write to him, '
;irhe"hed hot, to forward that particular let
.Mef 'without dUy. 1 Wrote t6 him according:,
'ly dnthe same day. but having bo anwr, i '
Tin-Jw fot whether he has forwarded the let ;
. ter. ' I stated in the tame letter that I had de
tlrtd ihe Secretary at War to examine his
" oTriehi order loconMy with yoor- further
fTMrtt to furnish copies of the orders wldch
- Hid'beeti fflvtn rttpectift 'Asron Burr and .
.-hWprperiyt; and in a subsequent letter of
' 'the? stme'day, 1 forwarded t yow Copltsfef.
Jvw Ittwri from the Secretary t War which
; "appeirtd to be wUhln1 the detcriitioii express:
. - ed irt your letter. The brder from the Se
" crelarf bf the Naty you eaii y ovi tre la
possession ot ( . ' "
The receipt eftbeiepaperi had. I presume
'f.i. .nricitSaled, and others this day for
'"".warded) wiH have lubsttrntlally fulGlltd, -the ,
' vAile'cfbf subp'ine from the-district court
tf RitbmJud,' fe;uirinfj tlul thoie 'officers
.end myself should attend the court in Rich
iiiond,. with the letter of qen. Wilkinba, the
Answer to that letter, end ihe order af the
.departiiients of war and the navy therein ge-nerally-
dscnb-d ' No answer to' general
.Wilkinson's letter,-1 other than a mere ec
knowicdment of its reotipt in a letter writ
.ten for a different purpo3e,"waver written
bj myselfor any other, v'fo these commt
nications of papers,? t Will add.lhat if the d
fendant supposes there aret any facts within
.-the knowledge 'of the heads - of lcpartmnti
:t of mysejf, which an be Useful for his dc
fence, from a desire of dorag 4ny ihiw odr
slliJation will permit in furtherance of juslicti
we shall bereadv to ewe him the btmcjit'ot tit
bf Wiy of depfitiOTt-through. aojT fertot J
whom rue court sltalt authortse to take,
eestimo.iF at this place. r know indeed, Mr.
HaW that this Cannot be done hut by consent
of narties. ahd t therefore authorise, you to
give -consent on the" part ofthe Unite'd Slates.
Mr-' Burr's consent wiil be givt not course, it
he supposes the testimony useful- i, ' i 1 1
As ttf bur utrrsonal attendance at Kichmottdt
1 am persuaded the court is sensible that: jla
ramount duties tbthe halion at large controul
theoblieation of compliance with their sum.
mona, in this case, as they would, should we
receive a similar one to attend the trials ot
t ' ..... . jj ..t . .k J :j.ti.
uianernassei anu uiucniu uic ..iiasiHiiipi
territory, those instituted at M. Loui, and
other, places on the Wetterq water,' 6r fct a-
ny piace outer man ine seai,ui i;uvcriiiiieni.
To comply WitB such calls would leave thi
nation without ah executive branch, wnbse
agency nevertheless is understobd to be ta
conatantly h'ecctsary, that it is the sole' branch
which the constitution requires to be always
In functions It could not then mean that it
'should be withdrawn from ita station by any
co-ordinate authority.. With respect to pa-
pen, lucre i tcriniuiyn iuuuv uuu wuvoic
aide to our ameers. 1 o the former' belong
grants of land, patents for inventions, ter.
tain commissions, proclamation tnd other
papers patent in their nature. ' To the other
belong mere executive proceedings. , ah na
lions have found it necesisry that,-for the
dvantaecous conduct of their affairs,, some
.of these proccedinRt at least, should remain
known to their executive functionary only.
He of tonric. from ibe nature of the case.
rhUsrhetbe tote ludfre of which vf -them 4bw
public interest will permit publication
Hence, under our constitution, in request
of papers fiOm the legislative to the execu
tive branch, n exception i careful!) express
ed as to those which he may deem the public
Welfare may require not lu be disclosed, as
you will tee in the inclosed resolution of the
house of representative which produced the
message bf Jan. 33 j respecting this case.'
The respect mutually du between the con
ktituted authorities in their official inter
course as well as sincere dispositions to de
fnr every one what Is lust, Will always ensure
from the executive, In exercising the duty of
'discrimination confided to bim.lhe same can.
dor and integrity to which the nation has ta t;
... l l4 B: t II
liKe manner trusteo in tne aisposai oi its ju-j
rtiriar BittlinriliS. Contlderinir vnu lh '
, o , -- T
orgsn for communicating these sentimtntt,
to the court, 1 address ihem to you for that
purpose, end salute you withv esteem -and
respect . V
t Til t JEFFEftSON ,
' I certify, that the annexed Is a tree ropy
from the records, in the office of the depart
men! of the navy of the United States, of the
'letter from the Secretary or the Navy tocapt.
?'John,Shaw, dated 30th December, 1806. v
In f.ilb whereof, I, Robert Smith, Se
cretsry of the Navy of the U. States,
of America, have signed these pre
- ients. and caused the seal of me office
ft.'.) to be affixed hereto, at the City of
m. i . . . .... .
v asninjfion, mis inn say or jtinc,
. nneDotnini isor. end in the ,jiit
ycarof tbelodepcndence of the said
Kate. . ' ' . .., ... M,t
, " RTiSMlTlU i
Keeitttred, Accruer tl tin jiavtt
Cxi W. r.otmoaooei,
(COPV.)V
Xavj tJtparitumi, Ulhttu lSOfl.
A &1ILITAUY expedition formed on the
western wsters by Col. Burr, Mill snort pro
a n ihaMistlttinni. and hv the time
you receive this letter, will proUbiy be near
New-Orleans. You will by all the meant in
your power, aid the array and militia in sup
pressing tblt cnterpiixe. You will with your,
boats take the hest psltidlt to Intercept- and
m .ka and iCafctMrv to destroy i the. bekta
d.seendintr under lb Command w Cot Buct
or of any person holding an sppolntmeat un
der him. There Is great reliance on, your, vt
.eilmce and exertions. , V
; I have the honorto be, , , . .,
fiii', your nlot obedient servant,
Saturn?.
t aTssa frvtlft Cksl-ase i
' 0t thi commanding natd'efat ti evhOrJfnt
' THER fs reason .foi believing that
kn association of unprincipled, "ambitions and
deluded ani has, been Jbrmed for jMirimsee
hostiltotbfi.laws and peace of . the United
Slates and that they are now descending the
ivt Ohio-and Mississippi, in considerable
bodies with laryje .quantities ot provisions
end military store, and . that New-Orleans
will be the place bf general rendezvous, ot
perhaps Httaclnn the first instance. Sod Will,
lherefore.m concert.wtth the governor, make
heverf possible exertion in vour bower for "de-
bleating their' view's, enl far ' securing both
.faen andlorta cspertallv their leaders' . ;J
The nrun-boats will receive urdera bv this .
f Wdvtyance to take post-up the fiver '." '-
:v Ine, artillery lately purchased Yrdm the1
r rench government will pro&ably be aimed '
',atras well as other military-apparatus t - in
deed, the Capture tf New-Orleans and all
ipublic.property at that place la prefumedby
many,. to be the first object.? ( ',
i " ; ' 1 am .very" respectfully,, J ' "
rUKij ' Sir,, ygur obedient tervtotj ', .. ',
: . (5igr.ed,) j : , , V ..
v tl. DEARBOfftf.
i" Lt.Col.CoKSTAT"FaKtstAa.
I CERTIFY that the-withU is true copy '
irom the record of the department of war.
" , Given Under my hand and (he seal of the
" ',, flit office f the ' United State, this
(U l,) savenuan-h day of June one thousand
, - eight hundred and seven. ' " '
rL:.:. . H.DEARBORN, 1
;.",!'" ;!-."" f.'l; "i SecTttary-if War,- -
Mr, RanArfph proceeded to make his mo.
tion that a rule be made against Gen. Wit.
'kinson, to shew' cause' wherefire -an attach
ment should not be awarded against him for .
A contempt of the court Af er some preli
minary obrvaiions, he wa ahout 'to Intro,
duce the affidavits of James Knox and Chand
ler Lihdsley, when Mr. Hay objected to the ''
reading of thoe affidavits, on ihegi-oUnd thht
they had been Written by the Counsel of Col.
Bnrr though tbey might have been dictated ;
by the Witnesses, He said he did not doubt i
that the gentlemen intended to act fairly and '
honor.bfy on the occasion, end, had designrd
;lyinerted nothing improperly.'-' But heu j
posed the Course of the business had been
thta ;.-vTh witneites Went to Col.'fturr, and
told hint their tale concerning General Wit
kinsoe t his counsel then drew their atfida.
Vita, and delivered them Id the witnesses to
he sworrt to. He observed that where affida.
vitt were thus taken, they ought not to be re
ceived in any case, though the court was a
tuned of Ine Integrity and fairness of those
by Whom they were tsken t and cited 5 Term.
Red. 40 j. in which it wa decided that an af
fidavit sworn to before the attorney of the par
ty was not admissible eben ing that here
the objection was much stronger than in that ,
case, because these affidavits were not mere
ly teorn to before the counsel of the prrson
on whose behalf they Were exhibited, but had
been penned by them. . ..
Mr. Bohr. 6ne of the Counsel of Colonel
Burr declared that he wrote the affidavit tf
Lhandler Luldslev at his reddest i thut the
witness had brought him a paper written by '
himself at the tUhMince of his affidavit. rei '
.queuing him to draw it off nr ihe'purpose of
. . . . ... i. . . . .
putting ii in proper mrm ana eorrecting Its
' grammatical inaccuracies which he bad ac
cordingly cone. .
' Mr; it Rat observed there Was lets difficul
ty in the objection, brrause ihe witnesses were
be Tore the court. . It they had been at a dis
tance, said he, We would have waved it that
it might hot eetm that we feared ihtir affida.
tits, or wWHed to keep their testimony from
being heard. -The truth Is we have no such
lean we wish nothing to be concealed) but
at the wilnases are here, we mmsI 6rt their
being examined openly before the court oif
the very ground ortht objection, made hv the
couniel of Aaton Isurr, to tfudavit 'offered
by us. There, although the witnesses whose
affidavits Were offered were at a treat dis
tance, thry insisted that they should not be
read, and called upon us to product the per
son ihetti-elvt. ..Here, no good reason can
be1 glcn for reading these affidavits j since
the witnesses are present, and, if the tentle
men with the whole truth to come out, they
Will consent to the proposal of examining
them five voce. -- --
Mr. ttVrAAew irtsdt sevtrtl observation k
gainst the propoasl i the mot important of
which wert,' that tht uuul practice on colli,
ttttt mdtfent, (tuchs rules to shew cause
for continuance, and forattschmchts.) is to
exhibit affidavits lrt writing. Instead of ess
mining witnetttt viva voce and that thee,
eli'fatlu are geheNtlJ.wrltftn, under tUdl
rettlons of the witse.se. by tht agent o( the
pttty en whose behalf they sr taken, ma(ti.
irates not . oeing wining t suomu io ine
drudgery end witnesses frequently too Ig.
norint ta do It thttntelvet. '"''!tm ,
CJ. Burr slid, ft would le lajrreesbfe to,
hlravlf theswitnessee were fttnvleed if opes
eourt t hut thaf ) had thought It would hate
been ttitf csptctful to the court to ? r; iVem
thr etablisoeiphJte. - TliewtglVc? !4h' ' "
bs,tw said, .was tltit. Mr. Knoi ebW- - ,
platoedtomeof UUwwetfrom fl..ri w;t .
kinsofl,nd enquired what step he "ooghi to ) -ake-if
oceured to me at firat, to Vefcr him ,
iw nay tne diatrrct attorney j 5m, on-ri-flection,
J supposed Mr. Ha rtM ihtv M4iw ' . r- --.
reliable jrwn, under rwesenteircnmsUncesf " .
.... uiiutui was ineretore taken ' by obe toT .
my counsel. ! 1 believe Knn i . .
mode of proceeding was for him m t,f. '
complaint ta person to tin court. ......
Mr. inn. i he reason bf the rule thaVef.
fidavit are admissible to be real as v;vidence
wn.iHuuunsissounuea m eXDedencri th
thewaoftCealhgrti"IfcbttUHttoceaseii!
so. :The.nquiry then ought o be 'Whether " f f- .
itjsrtnoreiettptdicHtiri ihii cae to toiie'uai
Mthtf ffid.ivit; .or ,of . the Witn4:tt,L
elves.. Wewiihao tome at the truth. ' Thi - '
counsel mr Aaren Mufrj we tope wish fd
i:ome atrthe truth. 4 knew We tlo t- "
nothing enveloped in darknets and myatery
AVbere.awitnei.siaabsent.orthetimeof the '
Court would be unneeewanly consumed In
hj Xnioa'ian 'tisePediftt'd admit hi
.,!, ix w uc reao, on motion loran attach. '
meim or tor a continuance t buUcxpediencf
here demahds.a different court... , WhiKT :. "
uesttoesublish facisr;; A written' aflidavitX
taken fex-pirte, or viva voce evidence f W hen
an euitwvu is mtroduced, the question is imi
portaoi, was it written 6jr the Witness himself
Of by another person who received geiftrst T
directions from bim I In thta case the latter .
xourse was pursuL..l he witnesses' words .
were not put ; down, but words written by
)eraonanndrr a panicular bits.! : Is It likely
that an affidavit, (ojored b; passing thpu)
the mind of a, prejudiced-person, will'bebeW
ter adapted to the discovery of truth, than
the witness himself t. . , r , ;
Mr. j5jMaaid ihat Colonel Burr had no
objection:;to examining the witnesses vive, '
voce.'" ' rj ,
-The Chit Juttiet said, the objsctioii to.
reading the affidavit is not good in point of
law t the reason of the rule that affidavits art
received on motions of this nature la topr.
entthe time of thc'cotirt frombehrg onneces-.
arily occupied but that reason docs not at
.present apply t since the eourt U waiting for "
the grand jury, and U not Occupied with eli
Vil busirteaa" ..We tbrW) 'drrecttd 'tbf
Witnesses to be examined viva voce. ,r,
- Mr. M Ru observed that, as this was
tnolioh ofconlequence to the respectable genu ""
tleman (Central Wilkintob) whose character
was attacked, he wished him . to be present s '
that General W. was then before the grand
jury, and a short delay would .enable him t&
,b-i present. It Was possible facta of some ,
moment were known to birth and not to ihi '
counsel; and he might suggest important
questions, to the witnesses. .Mr. M'Rte also 't
contended (bat witnesses ought 1o be examU
ned on both sides, that the Whole truth might "'
be known, . . 1. .1
. A dispute of some length ensued j thj
enunstl for. Cu. Oerr contended,, that, as
i this wa ooly a motion, for a rule to these
ckuset neilberOen. Wilkinson nor his coun ;
eel ought to be heard npnit that, htresf.
ter. When he came to shew cause against is
suing ine attaenment, e would be permitted
to exhibit evidence on hit part, and to cross ;
examine the witnesses against him but not "
until men t and the tounul for Cen. wll
fcinson arguing that Ibe court ought to pre -L
fer a full to a partial view or the evidence i '.
iiiri Hifrricnce wouia ata ine eourt in asking-the
proper questions i end that aliho'
he and his counsel were not legallr in court.
they had a right to be heard as wnltlntUt
u ins ri(iii oi luiruuucin witnesses
In his favor at this stage of the business Jt
wss the practice, where the party, (sgaimt
whom, an . attachment .was requetd,) wa '
not presents ,tb itrve him with e rule to shew
cause 1 but where he jWas prtasnt With hi
witnesses,' be hade right to shew auat lita.
.mediately. . i, - : ' ' : , ,
Inthet-ftd. it Wt consented, that tht mo
tion should be postponad till Monday,. unlee
Gen. Wilkinson's examination by the grand
jury tSonldbe sooner finished. The Ume-of
the grand jury ert Friday and Saturday sre
entirtl occupied in examining that feaUe
man. , v . ' i . "
, , Monday, )urfe ii. , t
Mr. Randolph desired Jamct Knot toibo
called, ai d said be waartsdy.to ptwoecdln
hi motion. : ' , ; ,
Mr. M Rot wlbed-4he (tnotimirto be
.Either povpr-ned. as Ceo. WiiUtsoe.was
still trgagedin givio bl,teUmony to the
grand jury, . . ; . ,i, ,
Mr, iiotn oojettea to a farther posiponc
mcfU taymg, that . splrtt ,f ccommnda
tion 'on' that part hid stibje wed themogrtst
Inconyenience from1 dehyv W It "ws
hsrdthip on Oil.-.-tVirr.t'.'.etH.tqeiir'fere he
thoikht.it fclr tofttract tjie eonent. ht ha
giten on Saturday that perbsps tlief mlthf
be delayed thrte' or four day tn.auing for
,Qen..Wilkinsen' discha-ffrem tbf grsn4
Jury thit, after his eiaminstVnwasfinitl-
Co, the grand jury would pwltably toe make
their report t if , etr U3" heuld,be tb
, It d,B- CoU fiur' wouH Dot 19 kt "
1!
1
I
"j
ia.-