Newspapers / The Weekly Raleigh Register … / April 13, 1807, edition 1 / Page 1
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From the Enquirer. v Co. BufyF 'Examinatm. jf'l ', '' " ' mmwmmmj'' :' THE examina qan of Qol. A a ron Burr, which commenced it pri vate atvthe Eacrle Tavern in this city, on Monday last, was cohtU nued on Tuesday at the Capitol, betore the uiier j usuce ot tne u . States, and in the presence of an States, and in the presence Cltl zens. Col. jjSart'tia been recog nized to ajjpear at 1Q 6'clock. At half past ten; he presented himsel) before the judge( and with some degree of emotion, apologized for the apparent delayy declaring he had misapprehended the hour at which he was bound to appear.-- The judge then adjourned from the court room to the hall of 'the house of delegates for the greater accommodation ol the spectators. Great comprint h&s been made about the private examination held at the Eagle. So mt have branded it with the epithets of asecret and unprecedented proceeding, not un like the process of a Spanish In quisiiion The facts- are said to be, that when the Attorney for the District applied to the Chief Jus tice for a warrant, some con versa tion ensued on the manner of exa mination : Air Marshall observed that it was indifferent to him whe theritwas held at the Capitol or the Eagle, Mr. Hay objected to the latter, that no room was sum ciently large to receive the crowd that would a tend, which would be a source of considerable in convenience. Mr. M. observed that this difficulty would bej obvia ted by having the examination in private. To which Mr. H. assent- ed, on the condition, that if ther e were a discusssion by council, they should adjourn to the Capitol. The evidence to be adduced was alrea dy before the oublic. On the xnination, it was acreed that a HU o ' cushion was necessary. Mr. Hav uicu movca ror an aajoumment to me apuol. in which arrange ment Colonel iBurr's council irame diately acquiesced. . . Mr. Hay, Attorney for the IT States, in the district of Virginia opened the examination; and in a speech of great .length' and peispi cuuy, enforced the reasons Which induced hitn tV believe Col. Burr guilty of the charges alledgedagai ost iu x ncse were tne same assta ted in the last Enauirprv' vi. lat The setting on foot and providing iwcTOeans ior a military expedition k&itfkunca ui a nation at peace win thenited States j and 2dly. For Highrreon against the United SutesV He cited Blackstones Commen taries to shew, tharfon a mere ques tion to comtnit a person? accused ot a crime, nothing more was neces sary than to shew a probability that he had been feuiltv of it. 'I uuu c more in uiis incipient stage of ihc proceedings, particularly in a vwMAjuy. ui outU miD DODtliatinh Kr extehsive territories as the United tateswould be to hold out an in vitation perpetrate crimes with a certainty avoiding punishment, in support of these charges, the testimony of Gen. Eaton1; the de position of Gen. Vilkinson, and the disclosures madeto him' by BotU hunanu Swartwpiitwere relied on. The treasonable .ifiiehthna of Col Burr being clearly established, nough appeared tb tchdeiRit highlv probable rhat he haicominitted die overt act requireid4jy the coWitu tion to consummate the offenΞ In addition this, testimony; fc& tiiaht from the MiaMccinm 1:';A -j , eviuence otiviajbr rer-lN,1""' -11 e eniea tie nad ever fit d iuj oy u nom he waC 1 cm e igbee, where he was apprehended to this place, stating attempt to appeal to" d Maris ""ate m the state of South-Carolina ere adduced as strdngi circum! "vw FiU e ni2 guilt; Mr. Hay adduced other rejasons for a commitment Among others, that the Executives and Legfela tures of )hib and Keritucky had sanctioned, hv the! r 'n wn arte ' t h probability of some treasonable con Mr. :Burrs attemnt trt trrt - - - v j- T - from the hands of his escort Is thus represented : in passing thro' the town of Chester in 5. C. the first town of any size that they visit dd, $r. B. suddenly alighted from his horse, and thre vr himself - among the small crowwhtch had collectj ed to see thyji!e He. tpld them thnt hf WnA'Pftlri ' ArfirrrrnA bjr a military Vscprt,;without any warranr, ana contrary to tne laws OI hiscountrv. IM aior Prkins. haWevehl immediately followed : i , - - ... . . I nanlnxaJ k . . I. . horse. . The crowd manifested no disposition to interfere in the busU ness. -.-r- . . Mr. lckham. In behalf tifC.nh Burr, cpmbatted with great inge nuity the arguments of Mr. Hay tie contended tnat act establish incj tlie cuilt of the Accused nnorht w W ,( to be proved before any inference of a ireasonaoie design can be drawn, so as even to warrant a judge in cbihmitting for trial ; that the evi dence in this case was altogether uncertain and illegal, that the de position of Gen. K&ton contained its own self-condemnation andthat the flight of Col. Burr, as it was termed by the counsel for the pro secutidn, was nothing more than wiin in avoia military persecu tion. No reason-, he contended, existed why the XJ. States were un prepared with testimony. They had chosen this place as the scene of action, and dragged Col. Burr it. Sufficient time had elapsed since the first ap' rehension of Col. Burr to take affidavits 'tending tn prdve the facts charged if he had really been guilty. Mr. Randolph on the same side, made an eloquent address to the feelings of the audience and pur sued nearly the same train of rea soning adopted by Mr. Wiekham. Col. BurPs counsel asserted that his objects were of a useful to the U. States. As far as they ventured to develope them, it was saia p oe nis intention to as sist the United States in case of a w ar with Spain, which spem a . . . , - that time a nrobable settle the, OQachlta Grnt, from which point it would be at least in the power of Col. Burr, to be.an useful auxiliary to his country a gaimt its enemies.1 Colonel Burr then arose arid ad dressed the judge. He principally relied on his two former arttnirmic J-...Uj and enquired whether there was pVobable cause to suppose him guil ') wn.ia Kentucky and the Mis sissippi Tei ritorj , where, the great est alarm had been excited; the ci vil tribqrilta Jiad pronounced him innocent u: Col. Burr ' spoke about ten mi nutes. .He dwelt upon the Un founded alarms (as he called them) which had existed m the VV. couh tf i .and the way in which he had mc them. The aUrm prevalent in the btate o qhio, had ptachicfet judicial ehcuirinto his conduct "ciurc tne court ot Kentucky. The moment he heard of this steppe had hurried before the court . he demanded an enquiry ; and he said was-hpriorably at quitted.!. .'1 h same iUfclljwed'.-him to the MississfpH Territory : he there '".Jg and not6n!y had the ordMrl itt.i li q.wv.-jvmauuu uu tmng against him,but theV had even presented the government for medduSfc with of his country ; It voided ! Although Qpwier Mead .....w y-MAivi ai uie rerruory., it was a nromisf which roi.lri-.iisi t. 'rhe arrii of .force Was by the officers .of an armed boat ly ing at Natchez, that he was to be seized, hurried on board, & borne OfT. ' What rnnA fi A t ".v. uv, Mj i An pur suance Ofhis IHVrt ilirtnm. the advice of his best and wisest friends, hp wnc rirtv-rr',,, I trornthe oppression. He decla- i rff1 vjf r U. . i . that he had broken his recogl tlizance. Hf j . - Hiwvinu lildl ills UC signs were honorable and would have been useful to the tT. titat. But even admitting that they had been otherwise, they rnust have been long since abandoned : thev had not once ripened inta river't acts. There was no TVeason.i He comnla had experienced: his loss of pro- ty iom seizures On the Western "vens; tne nardships he received from his guard ; debarred the use of pen, ink and paper ; even to writ Ids daughter He dwelt Upon his effort to escape in South- aaiu it was mi- i attempt to throw himself out of the tyranny of a misjtary escort into the hands of a civil magistrate. A Jittle before or after dismounting horn his horse, he asked whether he had not cal ed for the interfe rence of a magistrate; He spoke as to the alarms of New-Orleans being considered as a probable evi denct of a treasonable conspiracy. Those alarms Were nnf nrnfl 1 1 r rl by him but by others ; by the Pre sident who had alarmed Okti. Wil kinson, and Gen. Wi'Vin ( . " . WW tl I had alarmed the City. Respecting Wilt - cavun macie out few observation He ralll depositions produced before thf court, a parcel of crudities which tic snouta not pretend to be able to unuerstana.j Mr. Rodney, the Attorney-ge-neralfor the United S ates, closed the arguments. His exordium ex- i . Pesscu m a most sensible and im pressive manner, the rejrret he Ut !1C dmdavJt Irlc? obvious ob m bein, compelled Kai iC man'as I r,w' ,u i it. - .i of the United States had once ele- m t a it iiuiu i iip nfnniM vated to the second office in the go vernment. In discussing this par ticular question, he took nearly the same ground which had pied by Mr. Hay, but went mntv particularly into an exammaticn-of me testimony. :, When the arguments were gone through', the Chief Justice observ ed that whatever opinion he might give upon this subject he wished it tabe in writing. He would ac. -ordino-ly adioiirn till the it 11 o'clock, for the purpose of uavmg ume w consider the ques tion. On Wednesday thfelst of April, the Judge attended, and in the pre sence of a very numerous assem My, gave the following opinion : jfudgt Marshes-Opinion. THJE U, Sl ATlES, n . versut C0"" Motion for a Aaron Duatt. 3 commitment. i am required ori (he'pah of the .iwrney ipr tne u. States to com nut the accused on two charp-ps. . 1st. Fn ding the me. ns for an ekDedihhn gainst the territories of a nation at ueace :,wun me unirifi stafr-o. tr r 2d. For comWittint ttih ot agalnstntt . an appiicat'ionof thi'skiiidri certainly should not require that proof which ij i - ' : . . !"f woum ne necessary to convict the person" to be committed, on a-trUi rh chief ; nor should I even require that winch should absolulelt vince my jOvh mind, of the gUilt of me accused rot 1 ought td require and sh jujcl" require,,: that probable cause be; shown, and' I underetnri probable eause. to be a cast triad E " - , ' r wuv lby, proof furnisfiing, gopd reason, to uic itc : uiai. ine ycri me ailed ged ha beei committedby the rersot charg ed with having committed k.v j- J thmk thHopinion entirely iecoh cileable with that ouoted "fmm Inrirr MiitvMivi, wncn inat learned ant tertarjied of the prisoner was groundless : iti nrh prison or afjve bail I An nhi'nti me nana ot malicrnitv 'rrtai orn be dlreetor whom it map prt ciouslV' sef: ...:.u L.1. the lounrtadon iue mast be a DrobableTa,, .7 M. . a proDaoxe cause to be- heVe, there is guilt ; whicH probable cause is only to be done away j the panner stated by Blackston Thl the accuseri would hft VnncW i that wruer.as beinin i seTaleal Irt enduirife. ,P.fe, :.J Charge, h'ibSed agaiiist A Wur ! hold myself hnnnnT " l.i far these a.r. Zi;' probablecauier he first charge stands 'the testimony oFGtn. fiaian ; 'n-. Wilkinson. " The,vitnenrsUamedproth1t among (?ther projects Which we more cnmlnal, Col liqrr meditated an expedition asa nst the ' Meiican domi nions of Spain.' Thif debn may be considered as introductory to the affidavit of Gen. Wilkinson, inV "s expbnatorr ofth-nhW.. been made. 1 proceed then to tW affiavlk io make the VVjlkinson , bear on Col. Burr, it is ict5ary to consider as genuine, the letter stated by the former to be, as "5rt,7 as ne can make it, iui lnter pret?iion of one received in cypher trom the latter. Exclude this letter, and ncthing remains in the testimo ny, which, can in Hie most remote degree affect Col, Burr. That there are to the admissibility 'nf. thU' of the dmdavit reat trie? obvious ob- II ""KW xTKn now mch caution proceedings in criminai cases otipiit to be instituted, and who know that the highest tribunal of the U. States has been divided on them. tVK-n this question came before - the Su i .cmjc vourt, i telt the lull iorce of these objection?, although I did not 71cm iu piern, un weighing in my own mind the reason for and against acting in this stage of the business, ontljatrjanofthe affidavit, thosein favor of doing so appeared to me to pcpuiiucraic, ana, as this opinion was not overruirid, I hold myself still at liberty i o con form to iu That 'he original lttter, or a true copy of it accompanied by the cy pher, would have been much more satisfactory, is not to be denieel but I thought, arid 1 still think, that upon a m-re question whether the accused shall be brought td trial or not, upon an enquiry not into guilt but into the probable cause, the mis sion of a circumstance which is in deed important, biit whirh difB ryr.t- disprove the)ositLve allegations of an affidavitj ought not to induce its rejection or its absolute disbelief, when the maker of the affidavit it ai too great a, distance to repair the ianu. i coum not in this stage of .he prosecution ahohitplw llfciriu .t, ffil . , : :v me ; affidavit, because the marrifll knowledcre of the witnp. ai .iu the means by which this. .is obtained; i nus, uem w URinson states that m m nand writing, ntirSot's he itme mi;i, -:. . ... ... .., u ii muiy, uur uots ne Siaie rnm trim.. Jl ' J- ' 1 ' firman. S dlrt theil thfS'1fewhich !t tion, of the. faniedght not perhans 1 Za i vZ? ? . be cons'de in tHlSStaee bftheI?,nl1ffS?' f Is . deposition uis iKateyidence. j i. fbe letier was in cvdIW- , wWb.. v... vwi. xurr ana nim- ' J? i .thuoui7h "inocent, m.Bht w,&h jo sab. :U;?f ;s Uafispor. 1 H -7 Z or . mat H tt i- i W - "vA MBrK?ieiw-.as rfSriS MVms ftepV Ven. Wilkinson does CL' "nn -cheb.... For hij, . ' we" a: ''WaUM lhere i not much iriori; c-rm,i.' a Jimif ' iS b II think, it more reason able . P? -lon of General Wilkin, '7 , the fa, !h letter " i& ,sln stW of the enquiry c f"nce Whichiuft. WW .the Mwrttan,- that '" ""' by Col. Burr. .Sf' aJ&CTW .ilrS.'fJW Wkndeo either "B"""" J . -or against the ter- State, ft : Tbee.uli ,.: - ' 'I sajm:,7 7. t - , 'OTst fe S V for 5K he mcaM pwt&W'T' ?'?f W everf Part of it, we be provided in secret, I do not think that .urther testimony ought to be -., ix.iu is nicse means might u -i ' ali5iy "icv mat mere 16 probable ground for committihg thd pnsorier on this charge. -t is, , Since it will , be entirely in th lower of the Attorney-General td prefer an indictment against the pri soner, for arjy other oflfence whichr he shall think himself possessed of ft'SSHpr to PPort, it is in fact, imm&ieirial x whether ,, the second cie be expreslld ln k the warrant pt commitment or not -ff but as I hold t to be , ni diitv ?tn intt charge alledged on ilipart of the U. btates, in support of which pro bable CailSe la hmirn: on A none in support: of t;hich probable cause is :not shown, I arhfbduhd tt proceed in tHe ehquirv . . The second charn- wi gamst the'lirisoneri is High Treason! agamst the United States in levy intf As this is the . ; inwv v VIS Ul tertce which can be comttiiit r! the political body, so is it the char Which I fi mnat nanoklo t ::l. ployed as the inHifYir; .i malisrnant and vid..tiW t TT J' '-M.VU1V posjigu which, .y rkge In the bosoms ot contending parties struggling for powet; It is that, of which the peoV pie of America have. Been ; most jea-. lops, and therefore, while r othei? crimes sire unnoticed,' .they have re ed rust the nadoria! legislature with:(Hedeauitioiv of this, bat have? themselves declared, in their cimsti tuttoh that '?h shah. consist ohlyin. levying war agamst the United State or in adhcrinsr tb theif rn., w..i.i,i, overt acts which must be nrc.vA w ! , !faeLse8.3Jr b? ,he confession of the pjnyinfoijen court. . ituA: V . il ,K ...u , . ' 1 am enquire I port of jba rhavge. ffie charge ! th?1 itself ha, been ightmit! domm! u "CZZk Vr ""'ginar it ha .i' i? P for idF " .r'-yneans, and re- .,T i,, ., uaiiy clear, that ah iriiention tti commit treason is ah oCS ai,tiuct from ihi nimmWo? of ;thatf rime. wS'iXTO
The Weekly Raleigh Register (Raleigh, N.C.)
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April 13, 1807, edition 1
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