' - v- .' v ; 1 . :.- ;" ;' : V - . Ourt are the pUnj of fair delihtfa! peace, . .' . V' '. ' , ' ' ' h ' . ; ' y .; ' vl V .' '., v" '-p'''
' ' - . - ; ."" . . ' ' ' k' UnwarpM by pany Tage, to live like Rrother.' ' .. - '' ' : - . ; .,. , ' ,'- : ' ' i?-. '
i.u.Vr ;.,.'.;' ..' ,: " ' 1 ".,.'. .-- '"' " " " x --' 1 ' a ' " 4----'-'' " ,-' ' "vi " 1 -yr ' .i
ivS7 V;- ;, ' i 1 . TimRsDAY, September 17, 1807. 'vfK'' . ' i-; " ' ' ' '""V: -641? -
EXAMlHAtlON
,'of
thbnel &ecr?e .Morgan
1 v
1 &
CONTINUED.'
I'his letter (from Col. Burr) was
handed to me by a mai wfio' called
himself Count Willie:. ; I believe my
$oa did not call upon me ihat even
ing but rtext morning I in formed
him, if I vas able, 1 should cetainly
go and meet Col. Burr, ari4Oe.
que$tedhim and his brother to do ii,
with a letter rif intro-ucuob cxnlana-
tory of their names and their in. en-.,
tion. What conversation took place
between him and my son 1 shall not
tate; Col. Burr intntioned Colonel
Dupiester to nie as' one of the first
military characters of the age, I
shall pass over the conversation and
incidents during 'diniaer.. After din
ner I spoke of our fine country ; I
observed that when" first I wet there,
there- was ntit single family be
tween the AlleHany mountain and
the Ohio, a.nd f tint; by and by we
should have Congress sitting in this
neighbourhood or at Pittsbarg. We
are allowed to sport these things
over a glass of wine. No, never,'
said Coi. B. for in less than five
veari j'ou will be totally divided from
the AUaptic SidteV; The CoU en
tered into some arguments to prove,
why it would and should' be so. The
first reason was, the produce of the
sale of the western lands being car
ried to the Atlantic States, and that
the people to the west should hot be
tributary to them." He said that pin
taxes were very heavy , and demanded
why we should pay them to Atlantic
parts of the country. By this time
1 .took an opportunity to observe, God
iorbid! I hoped that no such things
vou!d happen, at least la my time.
This observation terminated the con
versation as to lliat particularGrnt
It then turned oil the weaknesfand
imbecility of the Federal Govern
ment. I ddif reoHect saying any
thing on the subject. I began to
think all was not ri.ht. He said,
with 200 men he could drive Con
gress, with the President at its head,
into the river Potomac, or that it
might be done ; and he said, with
500 men he could take possession of
N: York. He appealed to Cul. Du
picsler, if it couiu not be done He
b jvvtd assent. There was a reply
made to this by one of my ans, that
he would be d d if they clould take
ouiiittle town of Gannons'aurg with
tn;t foice. bbm short time after
this, Col. B. went out into the pas
sage and beckoned t j my son Tho
mas. They went out and had some
conversation,. What that convem
tion was i shall leave to my son him
ielt" to tetl. Soon after a walk waf.
iroposed to nny son's mill, and tHe
company wtnt. When" thry re
turned, one, or both of my sons came
to caution me, saying, jron muy
depend on it Col. B. will this nighi
open himself tp you. He waiits Tom'
to go with him' ; Afte r the usuai
conversation, Col.' B. vcnt tip stairs
and as I thought to goto r.ed, Mrs.
v Morgan was reading to me as is usual
, when the faauiy have rctnud4 whei,
about 1 1 o'clotk, and when I thought
he had -been asleep an hour, she told
me that Col, Burr' was coming, and
as she had heard my sin'3 conversa
tion,. she added 4i you'll have it now."
, CoU B. came with a candle in hib
hatui.; Mrs. Morgan immediately
retired. The CoL took his. seat by
me. He drew fi-nni hi"! nr1? o
book ; I sunoosed it was a mfctrioran.-'l
"'diun book. . After looking at itj'. he
asked me, ll knew a M. Vigo of
I'ort Vincent, a Spaniard, jl. replied,
yes I knew him ; I had ruasons to
kiiow him. Que was, that I had
reasons to believe that be vyai deeply
involved in'the British conspiracy in
as I suppose, the object of which
tVds to separate the States Sc. which
Gcu.Ncvillanci myself had suppres-
uuiicu u uciarious ining it.
aim at the division of the. States. I
wa careful to put great emphasis on
the word nefarious CoU B. finding
what kinti cf a man he had to deu
iui, suddenly stopped, thrust inu
hi pocket the book vv hie hi saw ha
b.auk leaves in it,i and retired to betk
X believe I ya pretty well un4er
i ood. The next morning CoU B.
a id Col. DuplesUir went off befon
br.-akfasf withaut ray; expecus iv
com
;iany ;ta my son : and ivgm
j1 tbat day to this I have not seen him
but in this place. My son agreed
with me, that I should apprize' the
President of our impressions, and
point out a mode: by which Col. B
mlht be followed step by step. Mr.
M' R&e-- After your observations a
hottt the fcountry. and the subsequent
conversation, did the prisoner draw
any comparison ' between the Eas
tern and Western States ? A. He
said Keep yourself on this side of
the mountain, and you 11 never be
disturbed. V By which 1 understood
thai there was an attempt to be matje
to effect a disunion. There i one
more circumstalite which I must
state to the court The Sunday af
ter, the judge of our circuit court
dined with me, I requested him to
mention the circumstancts to Gen.
Nevill, and invited him to come the
following Sunday to dinner, wish
judges Thilman and Roberts, for I
had business of the firtt importance
to communicate. They did not dine
with me on that day but they did on
the following Sunday. These gen
tlemen wroie a joint letter to the
President, informing him of my com
munication to them.
Col, Burr put some questions to
the Witness, which were not material.
THOMAS MORGAN
Testified to the same lacts with his
father, respecting the meeting of
Col. Burr, the conversation ifter din
ner, See. , Aft?r dinnei, the C1- btx
kond him out. When out of hear
ing, he enquired what my pursuits
were, I informed hun I was study
ing the law. He said he was sure I
could not find employment fir either
body or mind ; and said there were,
or asked if there were not, a number
of young men in Pittsburg similarly
si'uated.' Adding, that under our
Government there was no encou
ragement for talents.; tha; John Kan
dolph had declared 'on the. floor of
Congress that men . of ..italents were
dangerous to the Government. He
asked me how, or whether I would
like! a military expedition or life.-
My
(lepi
was
answer was, it would eniircly
hd upon tbe cause for which I
to fight. I think previously, or
certainly soon after, he said ' 1 wish
you were on your way with me
After asking Col B, concerning a
young m m (Mr. Duer) living at N.
Orleans, with whom-1 had a slight
acquaintance, he said he was doing
welj' ; atid he then spoke of Duer's
brother, who was also doing well a
a lawyer, but that he had much ra
ther be ar the head of a military
corps.
Examination of Jacob AllbrighU
The first I knew of this business
wasf I was hired on the island to
help to bu ld a kiln for drying corn ;
and after working some time, Mrs.
Blannerhassett told me, that Mr. B,
and CoU Burr were going to lay in
provisions for an army for a year, I
went to the mill where I carried the
corn to be ground, after it had been
dried. I worked four weeks at that
business on the island. Last fall,
after Blannerhasset? had come home
he had been promising me money
for some time I stept up to him.
He had no money at the time, but
would pay me soon. Says he Mr
A. you are a Dutchman,' But he
asted me first and foremost whether
I would not join with him and o
down the river I "old him 1 did'flt
know what they were upon ; and he
said 4 We are going to settle a new
ountry.' I gave Jiim. an answer,
that 1 would riot li&e to leave my fa-
nil y. He jssftd he did not want any J
iamuies togo.atong wuu nim. inen
he said to me, you are a Dutch
man, and a common man ; and as
the Dutch are "ap t to be scared by
hign men, if you'll go to New Lan
caster, where the Dutch live, and get
30 or 40 of them to go with us, I will
rive yop as many; dollars. I went
iome then and gave him no answer
uptjnthat. Tn' a few days f er the
bodts came anl, landed -at the islantl.
Fhe snow was abdut three inches
deep, and;I, went but a hunting. I
tvas on the Ohio side. I met two
lien ; Ijknew they, belonged; to the
joats, hot tanted :to find out ; and
hev ykeVme tWther I had not
given my? onsent-to go alonwith
Biannerhassettdown the river, - At
we were talking tQgetner, they nam-
longing to the boats landed at the is
land. When they asked me whe
ther I had not consented to go doivn
with Blannerhassett, I putauestion
to therar I told them I did not kno
what JtheyV were about ; and one of
the . gentlemen told me they were
going to take a silver mine from the
Spanish, I asked the gentlemen
whether they would not allow that
this would raise war with' America.
They replied, no. These were only
a few men ; and if they vent with
a good aimy, they would give it upt
a d nothing more be said about it.
I had all this conversation with the
two men. These men shewed me
tfhat fine rifles they had going down
the river with them, T.';n I went
to the island, and Blannerhassett paid
me off in Kentucky notes. People,
however, did not like these notes
and I went over to the bank of Ke
nawa to change them. I got two of
the notes changed, and one, a ten
dollar-note was returned to my hand,
for winch I wanted silver from BIan
ncrhasstt, I went to the island the
dav the proclamation came out'-
But before I went to Blannerhassett's
house, I heird he. was not at home,
but at Marietta J went bh the Vir
ginia side, where I met thiee other
men, belonging to the boats with 3
complete rifles i They made a call
upon, me to take them tp the island
in my canoe,, it 1 accepted.(excepted)
oit ; but afierwards I carried the'
third man, who stood close by my
canoe over to the, island. After be
ing some time bri the island, I want
down .to the four boats Blannerhas
s tt was not at home yet- and I me'
some of the boat people shooting at
a mark. They had a fire between
the tank and boats. I waited at the
house till Blannerhaseitcarae home.
He seemed very much scared. One
of th men came up to ask him for
something and he told him, u Don't
trouble me, 1 have trouble enough
already." lit weut up to his cham
ber; and I saw no more of him. 1
.iskedan old gentleman to go up to
his chamber, and change my note
for silver. He did go, and bt ought
me silver. By and by I heard that
they were going to start that night.
Thmks I. " I'll see the end of it."
This was the night of the very day
hat Blannerhassett got back from
ManettaHe got back before night.
When night came on, I was among
the men, and also in the kitchen, and
saw the boat-men running bullets.
One of them spoke out to the others,
r Boy-, let's mould as many bullets
as we can fire 12 rounds.' After
that I saw no more till about twelve
cloc k at night. , Then Blannerhas
sett came down from the chamber
and called up some of his servants ;
he had four or five trunks; There
were not trusty hands enough to car
ry them to the boats, and some per
sons called after my name and asked
me to help them ; and I carried one
of the trunks and moved along with
them. When we got down, some
person, I don't particularly know
who, but think it was Blannerhassett
himself, asked me to stand by the
trunks, till they were put into the
boats. When the last; of them went
off, I saw men standing, in a circle
on the shore; I went up to them ;
perhaps they were live or six rods
from me. The first thing I heard
va, their laying plans how Blanner
hassett and Comfort' Tyler should
get safe by G alhopolis. OneNahum
Bent was called forward, and when
he came, Blannerhassett asked him
whether he had not two smart horses
N. Bent answered no ; he had but
rri T"i i" z. 1 1
one, i nen Biannernasseu torn mm
to go to Capt. Dtnie and get his sor
rel horse , and N. B. told him that
the sorrel horse had no shoes on ;
and Blanherhassett said .the roads
were soft and would not hurt the
,iorse Blannerhassett told N Bent
td meetbirc jand C. Tyler somewhere
ab mtGalliopolisS Bent epqun ed how
he was to find him out ; should he
enquire for, him C 4 NpV Have yoii
n5 mends there f - No. .Mrs.
Biartnerhassett then came forward,'
and she told Blannerhassett and. C,
Tyler, that they, must get . a canoe
and get into it before they got to j
Galliopolis, and3tuldown the stream
She said she'd pay for the canoe,
N4 Bent was told to meet them above
Oalliopolis about day-break, .8c then.
I they might surround (go rund'!cf GoloJ;d &tood
Galliopolis. Then a man by the
name of Tupper laid his hands upon
Blannerhassett and, said,, ypur body,
is in my hand in the name of the
Commonwealth or. such a.word as
that. As quick as Tupper . made
that moTi on, there were 7 or 8 mus
jcets levelled at him. . Tupper look
ed about him and saidj Gentlemen,
I hope you'll not do the like. A
wan next to me, about two yards off,
said ' I'd as lieve, as not.' Tupper
then changed his speech, and said
he wished him luck and safe dowti
the river. Tupper before told Blan
nerhassett he should stay and stand
his trial. But Blannerhassett said
no ; the people in the neighborhood
Were coming down next day to take
him, an!( he would go. , Next day
after, I aw the Wood county mili
tia going down. The. people went
off in the boats that ni'&ht about one.
Q. All J A. All but one who was a
doctor All had some kind ot arms.
How many were there in all 1 A.
About twenty or thirty. I did not
however count them. Every man i
saw had arms. Q. At what time of
the year was this I A. 1 do not rei
collect the particular time I recol
lect the year but not the month. (J.
Do you recollect whether it snows in
September ? A. I do not recollect.
Remainder .of the Evide. ce in our next. '
' LATEST PROCEEDINGS
oa 'he
TRIAL
of -
Solonel 9aron -Bum
Wednesdav, Sept, 2
Mr. Hay wished to know whether
he correctly understood the opinion
of the coutt delivered the day be-
lore. He had understood it to be
that the transaction at Blannerhas
sett's island djd not amount to an
overt act of levying war against the
United States. ?I so, he should not
be disposed to prosecute Blannerhas
sett and Smith on the indictment for
treason tound against them here
After dismissing those Indictments,
he should move the court to commit,
for the purpose, of sending them to
the state of Kentucky, where overt
actsof treason could be proved against
them?
The Chief Justice The court did
not mean to eive an opinion oh the
act at Blannerhassett s Island but a
stat-m nt of Ike-law -t to be applied, by
the jury Yett as the jury has been
discharged, I think it proper to give
the information requested ; and to
say it was the opinion of the court
that the transaction at Blanntrhas
sett's island was not such as cohstitu
tee an overt act uf levying war..
Mr. Hay As this i the case, I
shall enter a nolle prosequi upon those
indictments, and wish Messrs. Blan
nerhassett and Smith to be brought
into court, that a motion might be
made against them as well as against
Col. Buvr.
Col. Burt observed that the mo
ions were distinct, and ought not to
becombined. i He wisiied alsb the
place to be specified where the trea
son wa& alledged.
Mr. Hay saidhe did not think hlih-
self tound to specify-the place parti
cularly ; but he would do
as he was able. He unde
at the mouth ; of Cumbe
an overt act of treason had been cbnv4to carry the drder.jnio effect. : How
muted ; that Burrj Blannerhassett, !
ana onmn were an. present- at mat .
place, where j-an armed muldtude I
were assembled. They moved oh ta
Bay au-Pier re, certainly not decreas-;
nig, out rainercontinuaiiy mcreaswg,
though sl'iwly, ii? military appear- -
ance untu tney reached theiast men
tioned place, j The court willdcciae
after hearing jthe evidence totwhich
place the persons accused ought to lormsdemenahora wejeQUSj
be sent; for trial. Mi.jHay observed 'c would Wquiee; ithat opinion
also that the (iases ..of atthree being ahd Jprdceed to trAharh fop
nearly, the hame, combining the nio a misdemeanor '
tions into one, would ve-time Te Cleri was about to read tbe
smce it would prevent the necessity indictment, when Col. Bu2?.i!opptl
of repeatedly; examining the: wit- himt ami' said.- he was 'npj'.o;,-be?it
n esses ; . 1 "' j ' raigned, but.ebuld 'leadlttbriiey; -
Col. purr, There will be no ne- tfiat Mvas iiot bsfefcTihk Uurt as p
cjESsity!ot examining; the .same wit- 'rAar? 7 But aready jvi
nesses 1roor ihan once, as the same?lIlae b -nioiionTor bi oschafge ;
'c'iir'htcjr their-tfcstimDtiy ; Ibut ka,,ng
differeht evidjtnce may be adduced r Vttt oWryed' that the pre
for one) or the other of the - persons , clamatkm tn4$0Hhcisj?tf ih
accused. j j court was, ihat n if yrson cbu!
mr, ;oKi5 .ooserveo mat tne case
on
diffiti ent
-'V . " -'"iV'V r vlJ
grounds from, the rest afito manv" ' :.-
dence : 4hat there Were also tiiffeV
rnt counsel, etnployed fbrthe other
prisoners which lyould render a ne-"
parate argument necessary. 'The
motions ought therefpi e to: be epa-v '
rate one examination of the wit-,
nesses will be sufficient ; when that
is gone through, Mtv Hay's overt act
willbe a subject of ridicule" even to '
himself. . ( " .. s; .'
Mr. Wi ekharh--There is aiibtbt r
ground of objection to a joint motion 4
Col. Burr hacqziitcd. and -entitled .
to his discharge. Shall he be den
tamed in confinement while evidr nee
is examined and arguments-of conn-
sel are heard, relau.ig only tothe.
cases of Smith ah J Blannerhassett i
The Chief Justice said that the
p' ea of acquittal presented a ques' ion
of azyandnot of fact und ithightbe
restfi'ved lor tliscussion. Agrto h
joint motion, Uiat is another ques-
: T I. " 1 f rT - . '
uon, ine granu -. juryctin una a
bill of indictment a cainst several
perscnsCharged vvitluhesame crime,
though the trial cannot be joint with
out consent; But I think the mo
tions ought td be taken up separate,
ly ; and as a great portion f tho
testimony must bear upon all the
persons accused, tbey must all be in
court when the. txamitfaticn is going
on,- for the pur pose of aoss exami
ning the witnesses
Messrs, Blannerhassett, c Smith
werb accordingly sent for ; but be-J-fore
their arrival, the Chief Jtif tice
suggested a diffituhy to Mr. Hay,
arising from, the pendencyofn in
dictment for a misdenieaiior.T It ap
peared to . him, that white a person
was in fJivchavged beforie a court
with an offence, that cotirt could not
divest iiself of its jurisdiction, and
send him to another court to be tried
for any other crime.
Mr. Hay observed, that ufter the
efidence was examined, if the coi.rt
shohld be ef; b; iniou that the pri
soner ought to be committed S: sent,
but f$r that difficulty , he could then
remove it, by entering a nolle fsrost-
qui on the indictmtht lor a rnisde
mean or.
Messrs. Wickham and Botts con
tended that th question ought to
be -settled be lore the, evidence - Was
examined. , ' .
Some, conversation cnstiedn this
point, : ,.r " -'v
Mr. Hay said the application made
to the court ;was to commit ; bu: the
district Judge was u transmit the
prisoner ; that whenthe, mr tion
should be made to the district Judge,'
it would he time enough to remove
the difficulty, if it should then ccur.
The Chief Justice said the princi
pal dinactilty was whether he was v i
not bound, on the motioti to commit, '
o consider the whole question w hich ?
might comebefore the district Judge.
He examined the law of Congress -
( 1st Vol. LtJ. p. 72. cv.'$3i '
which requires that if the iiSBcs'-is ?
found bailable, .the person accused'
is to be bound ia ref ogrjzarceto
appear be fore sur h other,, coin t of
the U, S.as should-have jurtsdittion ;
and aked how this could be'donc
when he was " in custody here; for
another offence ? He said too this
caiijtDis oe done winle the prcisecii-
4Ul mucmcaHur as penuing
Hene..fw. v " : : " .;.
lle..rnan JBIannerlbpsU 'and Israel
; bmith were brouglit intocourt'.,
; , iir. .nay-saiu; tie was sosry so
.much ttoublehacl been occasioned ;
it as . well ' j courtis compellea to spe- Uy irt its
r stood , that I ; order the court to ylvich ht is to', be;
Hand river i, sent and thedUtnct. Judge i& bound
inai a me ,xoun appeared ; to pe pt it
opinion, that the pf isners coijltl jioV:
4 ypc transmitted, until .ue ; indict tnents
tl! U'J uc.uuii u acy ?irea.ii c-.;
kayi or nu&iemeaSsr tiimiitsid lfL - t
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