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TKIAL 01- COLON! L BURK.
‘FEDERAL COURT.
RtenMdSD, II cdnesday, ‘>• ptetnber 23.
Colonel Hu wit said, he would offer evidence
4o disqualify Jacob Dunbaugh examin
ation was iiuisl tel on Tuesday, and who gate
very important testimony against him) lrom be
ing a witness ; allcclgn ~ he was at this time
t, . qccl to be shot as a deserter born the army
of the United States.
It should he knov n to the reader that Jacob
Dutibiiugh s a ahe had entered into,t he sei vice
oj colonel Hun-with the consent of his captain,
who (granted him a furlough ; that colonel
Burr himself persuaded him to stay, until alter
his furlough expired, uni thus run the liskot
onnishment for desertion, pton.ising townie
to l.is officer a sufficient i xcu e to prevent his
euffeting ; ar. l that when the colonel forsook
“his people,” who had foil wed (ps fortunes
down the live”, Dunbaugh returned to his duly,
bv joining the army of the United States, as
S t,on as ho could. .otwitlisianding ail this, the
colonel conicitkd that, having once been a de
seiter, he was an incompetent witness, lie ob
served that his life vv is tn the power of general
Wilkinson, who would take r away, it ..e diet
not swear to what he wished. lie said the ma
lice ot general v\ ilkinson was so great against
himself, he had said, that, rather than not hang
Hurr, he would agree to ue hanged himselt ;
and insisted that a person in the power ot one
so infuriated was not a competent witness.
Mr. I! a v objected to an interruption ofthe
ex imination of the witness on the part ot the
United Sta'es He observed that, il Dunbaugh
had committed an offence, he had not been pio
secuicd for it, and was a competent witness ;
the objection being only to his credibility ; ol
which the chief justice could judge, who had
te'ien notes of all nis testimony, and would
weigh it as it deserved. It would be time c
siough to make thi i objection after the evidence
should bo gone through.
Mr. Hotts. When the evidence has come
out, wo are told it is too late to make objec
tions, because you have taken notes of it. V\ e
are prepared to prove that Dunbaugh is not a
ifree agent ; that he is swearing for his life.
1 he Cinrr Justice did not think it proper
to interrupt the examination on the part ot the
United States. When that was over, the evi
dence intended to disqualify Dunbaugh might
he heard.
Mr. Hay was about to proceed with his wit
ness, when colonel Burr objected to the admis
sion of testimony to prove, lot the purpose of
criminating him, any conversations with Bien
nerhusset, when he was not present, and prior
to the meeting at the Island. Ihe chief justice
said he thought that point had already been de
cided.
Colonel Ruhr and his counsel, however, in
sisted on an argument, by which they said they
cwikl demonstrate that no such evidence was
admissible. The chief justice permitted the
argument to he commenced.
Mr. 11 ay dec la ed he should proceed with
taking the affidavits of the wimessess out of
co".it ; that gentlemen might say what they
pleased ; but he should not be diverted from
the course he had taken. He accordingly re
tired lor that purpose.
Viier speeches of some length from the
counsel lor colonel Durr, to which no answer
was thought necessary on behalf of the United
Stales, the chief justice decided, that the evi
ik- ice of Blenncrhassct’s conversations was ad
missible, by way of explanation of the nature
and object ol the assemblage of men at the
mom h ot Cumberland
The counsel for the United States therefore
proceeded with their evidence. The examin
ation of Alexander Henderson of Wood county
consumed the rest of the day.
Thursday, September 2d
1 his day Mr. Alexander Henderson was
cross-examined. Among other quest ous. he
was asked by Mr. Hay if lie had read any num
bers ol the •• Querist ” a publication which ap
pealed in .September last (a fovv days after co
lonel Burr had paid a visit to illennei hasset’s is-
Jaud) in the Ohio Gazette, a newspaper pti itrd
at .Marietta. Mr. Henderson said, yes He
had read some ol the numbers in manuscript,
which Mr. Blennerhasset shewed him.
Mr. Hay Did he tell you he was live author
of the Querist ? \. \ es, and told me he was
going to publish it
Mr. Blennerhasset objected to the read
ing of the printed •• Querts.” as evidence ; co i
tending, there ought to be evidence that they
were the same as those in manuscript.
Mr. Hay then asked Mr. Henderson, if he
bad read the Querist in print. Ho answered
that Mr. Bleunc-rh asset had sent him a printed
querist. Mr. H\y Did it enriespond wiihtlie
manuscript ? A No ; it was not the same.
Mr. Kicharo .\eale. sen. was afterwards
sworn, and pointedly proved that two of the
nmnbcis of the “ querist” corresponded with
Blenncrlusscl’s manuscript; having copied
them for the press at his request. Mr. John
G. Henderson of Wood county was next ex
amined ; and delivered his testimony in full ;
w Inch, as well as that of his brother, was import
ant on the subject of Blennerh.isxet’s acknow
ledgements of the design of colonel Burr, hitn
seif, and others to seperate the Western foam
the I.astern States, lie also said that Blenner-
read to him a number of the “ queri.,--.”
the first words of which were •• Universal UN
t°’ v —W hen his examination was finished,
the co XII for colonel Burr called for (he lead
in s; ofthe •• querist saying that, as so in.mv
a 1 Unions had been made toil, they wished it to
bo huarj i our auti.bers w erc accurdiwjly
read in public. They appeared to be composi
tions written lor the express purpose cl per
suading the people ot the Western corn.tty to
sc pc i ate lrom the Union, and lorm a distinct
government.
An Kichaid Neal, sen was cross-examined,
and (ischarged from further attendance as a
witness. Mr. John Graham (late secretary of
the Orleans Territory, and now chief clerk in
the Depaitment ol was the next witness
inuoduted. His testimony was long and cir
cumstantial, but pet feetly clear, perspicuous
and candid, ar.d ol great importance. He was
followed by Stephen S. Welch, who was called
to supply an omission iri his testimony the day
be foie; but which he had since recollected.
Tie stated, that after dark, on the evening be
foie the militia weie expected to search colonel
Bun’s boats for arms, nine muskets and bayo
nets were taken out of captain Barry’s boat by
some ol bis party, and some also out of captain
r ioytl’s boat; obviously lor the purpose of con
cealment.
A Mr. Devol was then sworn ; but had not
finished delivering his evidence when the court
adjourned.
in the course of these proceedings, a propo
sal was made by Air. Hay, that the witnesses
who had been lull) heard on the part of the U.
- tales should oe discharged. Colonel Burr
said he tud no objection as to any, except gen.
Eaton, whom he wished to stay ; since heintend
cdto prove facts against him which would shew
that he ought nut to be admitted as a ‘witness in
uny court oj justice ! General Eaton declared
he did not wish to be discharged. He appears
piepaied to oppose Ins enemies with all the
In inncss which conscious truth and rectitude
inspire.
Friday , September 25.
I c counsel for the United States proceeded
with the examination of their witnesses.
Robert vv allace, jr. was first introduced to
prove sundry conversations with Blennerhasset
relative to the object ol the expedition.
Uctui n Jonathan Aleigs, ;r. was called chiefly
for the purpose of supporting the testimony of
Jatob Albright, by proving certain declarations
ot geneiul 1 upper. Colonel Burr’s counsel
objected to this, as they had not yet made use
ot the evidence ol Tupper, to attack that of Al
bright. It was theieiorc waved for the pre
sent
Edmund B. Dana was next examined; much
to the same effect w ith Kobe it Wa lace, except
that, moreover, he stated a conversation between
Comfort i yler and himselt, the night on which
the party lei Blciinerhassei’s island. Evi
dence ol ihat sort was objected ’o by the counsel
for the accused ; Blennerhasset having not been
present at the conversation ; but, after some de
bate, v as ad mil led by the chief justice.
David Gilmore (of Ma ietta. in the state of
Cliio) viUo gave e\ idence i elative to Blennerhus
set’s dcclai aliens and endeavors to engage him
m the civci prize
Com module Truxton’s affidavit was offered
to be read, hut colonel Burr’s counsel wished
the chief justice to make use ofthe notes he had
already taken ol his testimony, instead of a re
petition of it in any other form.
Mr Hay then offered to read the affidavit of
Hugh Phelps, and several other witnesses, who
had gone away without being discharged To
this course ol proceeding, vehement objections
were made ; and a short argument on the ques
tion took place. The chief jurtice decided,
tnat such affidavits were not admissible as legal
evidence. Ihe court adjourned to sit again to
day ('vaiurd.iy) at 10 o’clock; when we under
stand the examination of general Wilkinson is to
commence.
United mates Court—fifth circuit,
Virginia district, September 3.
Jonathan Dayton, ofthe state of Mew-Jersey,
and late a senator ofthe congress ofthe Uni.ed
Slates, who stands indicted for treason, this clay
appeared m court, in defence of his recognis
ance entered into on Tuesday l?st, so fat* as the
same respects the said offence, and thereupon
Georg. Tl..>, gentleman, attorney for the U.S.
for tins district saith, that he is not informed of
j and upon the pin .rises, and cannot further pro
; secuto an- said indictment. ‘Therefore nis or
dered, tit it the same he dismissed.
A copy from records.
Vv m Marshall, Clerk.
United States Court—fifth circuit.
Vi'giniu dis'ric •, September 15.
The U. S. oi America') , T
.... ( Upon an indictment for
1 Jonathan D tyton,deft, j a ‘"demeanor.
I George Hay, gtnri man.a'torney fortheU.S.
I foi t .is dts riot, saith, that he is not informed of
: anti upon the premises, and cannot further pro
secute live said indictment, i herefore it is or
dered that the same be dismissed.
A copy from records.
‘Em. v .v ush all, Clerk.
Arrow-smith's World.—To the long list
of useful and elegant pioductions in the arts
and sciences, with which the enterprize of ihe
American printers and booksellers have fur*
. nished the. public, we are happy to add this
grand and useful geographical tract. The
j reader will perceive by the advertisement in
the Port Folio that the mtrp (European copies
of which are very scarce, and command the
exorbitant puce of 18 dollars) is to be execu
ted in a style of correctness and splendor
equal to the original, and will be delivered to the
subscribers at the reduced price of eight dol
lats. We are persuaded that an undertaking
so honorable to the public taste, and the nation
al talent, will receive, as it obviously deserves,
a liberal jnJ distinguished patronage.— Port
DUELLING.
At a meeting held at Beaufort,s. c. the 17th
September, oi the ministers oi the gospel re
siding in said town, in consequence of the un
happy end ol two young men, who had fallen
saci dices in a duel, lecling themselves called
upon, horn the peculiarity ol their situation in
the present instance, to cio.the utmost in their
power to discourage'this abominable practice
in future, it was accordingly
Resolved, Ist. ‘1 hat an address, attended
with suitable resolutions, be prepared and sub
mitted to their consideration,on Saturday next,
the 19 th September.
2d. that the rev. Air. Cook, pastor ofthe
Baptist church, in Beaufort, and the rev. Air.
Adams, pastor of the Pi esbyteriun church in
Prince W illiam’s parish, now a resident in
Beaufort, be appointed a committee, to draw
up said address and resolutions. Which ad
dress and resolutions being submitted to their
consideration, on the appointed day, were adop
ted and signed, and are as follow :
From a recent and most melancholy instance
of the depravity and guilt of human nature and
conduct, relativ e te> the fate of two young men,
of respectable tamilies, who have iallen sacri
fices to the inhuman and most detestable prac
tice of duelling ; we conceive ourselves touchy
called upon, as ministers cf the everlasting gos
pel anjl fellow-citizens of the United States of
America, to bear our testimony, in the most
public manner, against this most flagrant and
enormous crime To the disciple of Jesus,
and the fi iend of the gospel, we need not ad
dress ourselves, to warn, or to admonish ; he
experiences the force of those obligations, and
walks under the sacred influence of that love,
which will ever guide his steps into the paths
of peace. But, alas ! the principles of the gos
pel and the maxims of the world are diamelri-;
cally opposite—the former are the source and ,
safeguard of harmdny, peace and order in do
mestic and social life ; the latter are the cause
of disorder and bloodshed, which, under the
specious appellations of honor and fortitude,
trample upon all laws, human and divine. The
example of duelling, so prevalent in practice,
and so detestable in principle, is condemned by
the voice of nature, the laws of God, and the
laws of every civilized and well regulated com
monwealth. Nature has implanted in the bo
som of her offspring, the sacred and powerful
principle of self-preservation. The laws of re
velation corroborate the principles of reason,
and while they make known, in the clearest
manner, the will ofthe Almighty, they enforce
his authority by sanctions the most solemn and
awful! The soul of man, which,by the practice
of duelling, is endangered in its eternal inter
ests, if not most certainly lost, is, in the sacred
oracles, fully exhibited in its original dignity,
invaluable purchase, and immortal destination.
The voice of Heaven is heard, loud as the roll
ing thunder, proclaiming to all who enjoy the
light of the gospel, “do not kill but this
crime involves in its nature the worst species
of murder, the death of our neighbor, and tne
disposal of our own life—it sets the authority
of the Almighty at defiance, and asks with im
pious lips, “ who is the I .ord, that I should obey
him r” The anthority also of the civil magis
trate, who is God’s vicegerent, is thereby wan
tonly insulted and trampled upon. Laws are
intended to be the guard of innocence, and a
protection from every species of violence ; but
in this case, they are shamefully neglected to
be put in execution ; and too often, the magis
trate himself sets the horrid example ! What
then is the conduct which ought to be pursued
by every friend of religion, of social order, and
genuine benevolence ? Is it not to endeavor, as
much as in his power, to put a stop to an evil,
so alarming in its progress, and so dreadful in
its present and everlasting consequences ? Can
that person be the friend of religion, who sees
with unconcern its principles violated ; its
most sacred laws insulted and trampled upon ?
Can we regard that individual, or society, as
influenced by genuine love to their country,
who tamely submit to behold, without any at
tempt to put a stop to the pernicious system,
the laws transgressed, which wisdom hath dic
tated, and the peace of families destroyed, which
those laws ought to guard and protect ? Is not
he the best friend of man, and of his country,
who regards with sacred reverence the majes
ty of the laws, and endeavors, by every mean
in his power, to preserve the order and peace
of society i
We, therefore, call upon and invite every
minister of the gospel of Jesus Christ, through
out the United States, whose hearts glow with
love to our divine master, and benevolence to
the souls of men, to unite with us in putting a
stop, as much as possible, to this enormous
crime. W e are persuaded, that, by adopting
these resolutions, which follow this address, or
others of a similar tendency, clergymen have
it much in their power to discourage this worst
species of murder; at least, they will bear the
most public and decided testimony of their op
position to its principles, and contempt and pity
towards those who are influenced by them.
Resolved, Ist. That we will do every thing
in our power to express our abhorrence of the
prevalent and most detestable crime of duel
ling.
Resolved, 2d. That in pursuance of said re
solutions wfc will neither, by reading the church
service, delivering an address at the grave, of
fering up a prayer, or by attending iij any other
way, prostitute the dignity of our sacred office,
bv attending at the funeral of any, who may
have died in consequence of being engaged in
fighting a duel.
Resolved, 3d. That, as expressive farther of
our determined opposition to this most flagrant
and eno. mous crime, we nominate and appoint
the rev. Mr. Hicks, rector of the episcopal
church :n Beaufort,and one of our number, to
prepare and deliver a sermon, to he followed
with an appropriate prayer, by the tev Air.
Palmer, in the episcopal church in Beaufort,
ou the afternoon of Sunday, the 27th inst. a
gainst the principles and piactice of duelling ;
and that the other two churches be shut up,
on the afternoon cf said Sunday, that the in
habitants may have an opportunity of hearing
the said sermon delivered.
Resolved. 4th. 1 hat ue invite and solicit the
countenance and concurrence of the clergy -
men of Charleston, and throughout the United
States, to adopt similar resolutions, to counte
ract a principle and practice which disturb the
peace of society, plunge precious souls into
eternal misery, and must bring clown the judg
ments of Heaven upon our country.
Resolved, sth. That we request our fellcvv
citizens at large, to co-operate with us in these
measures, by suitable petitions to the legisla
ture of this slate, again to intreat their interfer
ence in suppressing this atrocious practice.
Resolved , 6th ‘That the several printers in
the city ofCharles’on, andthioughout the l ni*
ted States, be particularly requested to insert
the foiegoing address anci resolutions, at least
three several times, in their respective papers.
Rev. G Hicks,
Hector of the Rpur pal Church.
Rev. J. B Cook,
Pastor of the Papnst Church ,
Rev. B. M. Palmer,
Pastor of the Independent Church.
Rev. R. Ai. Adamic,
Pastor of the Presbyterian Church.
HALIFAX COURT MARTIAL.
The mock trial, but the actual murder of
John Wilson alias Jenkin Ratford, at Halifax,
p esents circumstances mortifying to the hire
lings of Britain, and to the federal faction in. this
town. 1 hey have represented the men taken
from the Chesapeake to be the identical deser
ters from the frigate Haiilax, while at Nor
folk; and that commodore Barron knew them
to be on board, though he returned an evasive
answer to the enquiry of captain Humphries,
1 hey have also asset ted, that the President de
signedly stated that the men claimed by the
British consul as deserters from the Halifax,
were native Americans, when in fact they vie- e
Englishmen. These assertions are proven to
be erroneous, by the report of the trial.
‘I he men mentioned in admiral Beikley’s
orders to have been on board the Chesapeake,
were alledged to be deserters from the Ik lona,
Be 11 isle, Triumph, Chichester, Halifax and Ze
nobia. Ihe answer ofconimodoie Barron vv..s,
that he new ot no men of such description to
be on board the Chesapeake.
T. he men demanded by lord Townsend thro’
the British consul at Norfolk, as dcsei teis ,um
the Halifax, weie named Hill. Noith. Hubert,
and Ratford ; those taken by captain Hun j hues
from the Chesapeake, were named Story, Alar
tin, Wate and Wilson. ‘The three first ate
acknowledged uy the British to be destiters
from the Alelampus ; and we know they were
taken by that vessel from the American bug
Neptune captain Crafts, of New-York.
Ratford, who is said to have deserted horn
the Halifax, entered under the name n V/uson.
Lord Townsend declares, that when he ■ .sited
the Ciiesapeake’s rendezvous at Norton; ne cud
not see him, nor did any ofthe Leopard’s crew
recognize him, though it is said he formerly
belonged to that ship.
W lien a man, therefore, was not re'-ognized
by his shipmates, how could it be exnerieu or
supposed commodore Barron should ... ow he
was a deserter ; and where is the eviuer.ee to
substantiate the charge so often made aguinst
him ?
It appears even from this document, that the
men claimed by the British consul as deserters
from the Halifax, and who, as the President of
the United Mates affirms, “ had been proved
to be native Americans,” were not on board
the Chesapeake, except Ra’ford, who assumed
another name ; and it has not been satisfacto
rily proved that he war an Englishman.
It clearly appears then, that commodore
Barron avoided the enlistment of such of the de
serters from the Halifax, as had been either re
cognized or claimed by their officers, and that
there was no cause for the gross attack cxi our
national sovereignty.
Hence, then, the outrage must be viewed by
all true Americans as an unprovoked and w an
ton display of that arrogance and cupidity,
which is so peculiar to the British nation : a
character which has had a tendency to deprive
them of the confidence, friendship and respect
of the greatest portion of Europe, and is rapid
ly verging them to the shades of ruin and de
basement, if not of annihilation.— Boston Citron.
* Ac ;
The Pan harmonic an, anew instrument,
lately invented at Naples, excites a general in
terest in Italy. It unites all wind instruments
in itself, and performs the most difficult sym
phonies with an astonishing precision aid pu
rity. If report speaks true, it is expected that
it will supercede the attendance of musicians
playing on wind instruments in theatrical or
chestras.
A late London paper says, there are at pre
sent upwards of 100.OCO tons of transports in
the service of government, at an expence of
nedilv an hundred and twenty thousand pounds
sterling per month !
The French are making great naval and mi
litary preparations at Antwerp, Flushing, Os
tend, and along the coast for the invasion of
England.
A spacions nunnery at Antwerp, in vvlrich
were 80 ladies, has been seized on for the pur
pose of converting n into barracks \ it vviil ac-
I commodate 4000 men,