Newspaper Page Text
TKIAL OF COLONEL BURR.
Federal Court — Richmond, Saturday, Sept. 26.
MOTION fOU COMMITMENT. ”
LVIDLNCL Ol CLn. WILKINSON,
CONTINUED.
Mr. ll.w said th.it lie wan witling in oidcr
to save time, to wave cveiy thing which i elated
to the operations of the army ; and requested
that general Wilkinson would proceed to lelate
what occured at Ncw-()i leans.
(General V\u,kinson.
I proceeded from Natchi’oches to Natchez,
and, descending from that place, reached Fort-
Adams on the 18th of November ; where I
found Mr. Svaiiwout, who liad been taken ill i
on hi, route fioni Natchitoches to New-Or
lcans, and, lor his accommodation, was invited
bv someone of the officers to that place. He
informed tnc that Mr. Ogden had reached that
place, on his way to Tentiessse ; but, being
alarmed by the rumours which prevailed in that
part of the country, he was afraid to proceed,
and had halted there. I enquired of Mr. Swart*
Wout whether Mr. Ogden had borne any let
ters. He said that he had not ; but that licut.
Silence of the navy had been sci.t some time
befor e from New-Orleans, through the country,
with letters from colonel Burr Iproicedcd
on, and reached Nevv-Orlcans on the 25 h of
November, in the evening ; and. on the 26th,
in the morning, I icceivedthis letter from Doc
tor Bollman. [Here general Wilkinson pro
duced the letter. See note G ] This letter
reminds me of a circumstance which I had
omitted. The morning after 1 had received
the letter of Doctor Bollman at Natchitoches, 1
acknowledged the receipt of it in a short note,
and informed him that I should be in Nevv-Or*
leans about the 29th. I did not call on Doctor
Bollman ’til! the 30th. After the ordinary sa
lutations, 1 enquired whether he had heard of
colonel Burr, since hi, arrival He informed
me that he had not. I asked him whether he
had heard of lieutenant Spence’s arrival in
Tennessee. He enquired how I come to know
any thing of lieutenant Spence. I inform
ed him that it was through \rr. Swartwout. He
assured me that he had sent dispatches for col
onel Burr by lieutenant Spence, andthat he had
heard of his arrival at Nashville. He then en
quired wliat pan F n.eant to take ? I observed,
th .t I felt myself delicately situated. It was
impossible that I could take any part, while I
hold oy commission ; and ! was so circum
stanced that I could not get rid erf it. He asked
me what I thought of the competency of the
force of the undertaking I observ ed that it
depended upon a variety of circumstances ;
such as winds, weather, composition and ap
pointment of the troops, skill in conduct, the
resistance of their opponents, and other causes
on which the success of military operations de
pend. But I gave it as my opinion- that I
thought the force insufficient. He said that col
onel Burr had gone too far to retract ; that he
bad numerous and powerful friends in the U
liited States, who stood pledged to support him
with their fortunes ; arid that he must succeed
lie then enquired of nie my opinion as to the
stale of the magazines of provisions in New-
Orleans. I observed that, if colonel Burr des
cended with the force proposed, they would
Starve, unless he brought provisions along with
him ; for I had before ascertained preciselv the
quantity then on hand. He said that it was his ;
opinion, also, that there would he a scarcity of <
provisions ; that he had written to colonel Burr
on the subject ; and that he expected a supply
from New-York and Norfolk, where col. Bun
had many friends. He said that lie had noticed
in the public prints the sailing of some vessels
with flour ; and supposed that they might be
destined for th.it place. I did not see Doctor
B ‘liman afterwards, ’till the sth of December,
the day after the arrival of the mail ; and I call
ed on him to enquire the news. He said that
he had seen a letter from colonel Burr of the
30th of October, in which he stated’that lie
■should be at Natchez, on the 20th of Decem
ber, with two thousand men ; to be followed by
Jour thousand more ; and that he could have
raised or levied twelve thousand men, as e.isib
*s sis.ifhe had thought them necessary. I then
informed Doctor Bollman, that if colonel Burr
came to New-Orleans, I should oppose him.
Ib’ then replied, ihev must come there for pro
visions and equipments. He observed, that col
onel Burr hud great confidence in me ; but he
did not know what had passed between us; and
asked, it I could not make such a defence as
would cover my reputation, and still permit
bun to come. I replied in the negative ; and
We then parted. Some few mornings ahtr
wards, he called at my quarters—-there was a
gentleman in the room ; and I took hint into
the piazza. He said, that he wanted to know
mv determination. 1 expre sed mv surprize ;
and told him ‘hat he knew my determination.
Mr. If ay. While you were thus extracting
front Doctor Bollman the secrets of his party,
were you taking any measures for the security
or New-Orleans ?
A. Yes. My orders and instructions will
shew what measures I deemed it my duty to
pursue. For these lam responsible to the ex
ecutive of the United States.
Mr. Martin. Are the cyphered letters
filed ?
A. Yes.
Q. Are the keys furnished?
A. Here it is.
Mr. Butts mentioned the situation of Mr.
Tazewell, who was sum noned as a witness on
the part of coldhel Burr. He said that Mr.
Tazewell had represented the situation of his
jfarailv to be such as required his i umediate re
turn home. Mr, lk>tt observ'd that, although
lie had introduced the request of Mr. Tazewell
to be discharged, he should be compelled to op
pose it.
Mr. Tazewell stated that he had been un
expectedly summoned, he well knew, to an
swer intei rogatories as to certain proceedings
before the gt and jury; that he had just been
informed of an occurrence in his domestie af
fairs, which made it indispensably necessary for
him to return immediately ; that then-, vvete
many gentlemen, in this place and its vicinity
of the grnd jury, who were as competent to
give evidence on the points to which he should
be called upon to depose, as he possibly could
be ; arid who would be subjected to no kind of
inconvenience in attending. If he were to be
examined at all, he requested that it might be
immediately done ; lor me situation of his fa
mily was such that he should be compelled to
return
1 he Chief Justice said to Mr. Tazewell,
that he knew lull well that it was not in the
power of the court to discharge him.
Mr. Botts said it was impossible to examine
Mr. Tazewell ’lid general \\ ilkinson had gone
through his testimony. It was not possible to
know the importance of his evidence’tili gen
cral \\ likinsoii was cross-examined.
Mi. Hay observed, that it was an unprece
dented measure to introduce any member of
the grand jury to prove what had passed in the
jury room.
Mr. Bons. We have not said for what pur
pose we mean to introduce him.
Mr. Hay. I presume that I may be permit
ted to Jirinunu ioi what purpose.
Mr. Baker said, that he meant to speak ge
nerally or me propriety and convenience of
giving testimony as to what passed in the grand
I jury room. One good cllcct. at least, would
result from it : that by introducing witnesses
to pi ove what had passed there, it wouiti p:e
vent poup.e from giving information to the
grand jury, which they could not support else
wht ic.
Mr Boyts called for the key to the cypher
ed letters ol colonel Burr.
General \vii.kinson handed him a small
pot ket dictionary, and a paper containing cer
tain hierogty pines.
Mr. Boy is. In the duplicate received by
Dr Bollman, there is an erasure. N’t ill you
be so good us to explain the cause of it ?
General \V ilkixson That erasure was
made by rnyseil, and the words afterwards in
troduced L>y me. 1 have a deposition which
will be more satisfactory than my own expla
nation.
Mr. Botts. Whose deposition l
A. Mr. Duncan’s.
Mr. Wirt. Lead the deposition of Mr.
Duncan, lor which see note 11.
Mr. Bo r us. \V hen was the erasure made ?
A. Dining the sitting of the legislature in
New-Orleans.
Q. \\ hen were the words restored ?
A. 1 cannot now state with certainty.
Q Was the letter exhibited to the legisla
ture ?
A. It was introduced ; but I confine my
self moral communications.
Q. What was tiie occasion of the erasure ?
A 1 o put it out ol the power of a certain
fact ton i.- the legislature, to whom, at that
time, i intended to submit the paper ; to con
ceal it from that faction vv owcie opposed to
my measures, and who, I believed, were ini- j
inical to the true interests ol their country, and j
were laboring to excite suspicions that i was 1
connected with colonel Bun, in order to des-j
troy lie public confidence in me and ttui* to j
defeat my measures. At the head ol this lac- “
lion 1 considered John ivuticins, esq. the :
speaker. Having determined not to submit
the letter, l restored me words.
Q nul you prepare any translation to sub
mit to the legislature ?
A. Ao. 1 only made notes.
Q. Bid you make a translation for any
othet puipose ?
A. Only a partial and imperfect one.
Q For what purpose ?
A. To understand it.
Q. Was ihcie any other occasion for which
a translation wasmaue l
A. No.
Q. Did you make any translation for the
executive i
A. No.
Q Were those words, “ your’s post-mark
ed 13th of May is received,” erased ?
A. Yes
Q. Where is the copy of your letter, cov
ei ing a copy of that of colonel Burr, and your
deposition to the President of the United
States ?
A It is among my papers.
Mr. Hav . Bo L understand you correctly,
when 1 suppose you say, that the translation
intended tor the legislature of New-Orleans,
was sent to the President ?
A. No.
Mr. Hay immediately observed, that, on re
col ecting dates, he perceived that he had mis
understood general Wilkinson ; that the letter
was sent to the President betore the session of
the legislature of ,\ ew-Orleans.
Mr. Botts. Do 1 understand vou to say,
that this was your translation of the letter which
was intended for the legislature of Nevv-Or
lcans ?
A. No. It was Mr. Duncan’s.
Mr. Botts. Have you ever sworn that this
was a true translation ?
A. No. Only substantially so.
General Wilkinson. May Ibe permitted
to offer a few words of explanation ? When Dr.
Bollman was arrested, I will confess to you, that
I was so little acquainted with judicial proceed
ings, that I did not know it was necessary to do
mere accompany him with a letter of ad
vice. I rrr.s about to send Idm off in this trey,
when Mr. Duncan suggested to n.e the pro
priety of senuitig forward a deposition ;o justify
his commitment. I put the letter into the
hands of Mr. Duncan, with the key; and he
made out the intei pi elation. W hen Mr. Dun
can presented the translation to me, I stated
my objections to the omissions. He urged me
to sign the deposition. The time was urgent;
the express waiting ; and I confess that I fear
ed a rescous. r l his did not give me much
time to consult my understanding. If I had
it is probable that I should have resisted the
signing of the deposition, with those omissions,
notwithstanding my confidence in the judgment
and integrity ol my counsel I was, also, at the
time, oppressed by domestic afflictions ; and
my mind was hurried and agitated by the pain
ful and interesting scenes which surroundec)
me.
Mr. Botts. Were there variations between
this orginal icuer in cypher, and that that was
sent on to the president ?
A. Yes.
Mr. Botts. Were they noticed by you, or by
Mr. Duncan in your presence.
A. I suppose so ; because I objected general
ly to the Omissions.
Mr. Botts. How was the cypher formed?
A. It consisted of an American edition of
Lntick’s dictionary, and of hieroglyphics.
Mr. Bo ris. Which was formed first i
A. The dictionary.
Mr. Bot ts. When was that formed ?
Here general Wilkinson reierred to a letter
without a signature, dated in 1800; and said,
he presumed it must have been formed about
that tin c.
Mr. Botts. Do you know the time of the
year.
A. I presume it was October.
Mr. Baker. ‘I o whom was that letter ad
dressed ?
A. To myself.
Q By the same. By whom was it wuitten.
A. By colonel Burr.
General Wilkinson observed, that it was
a private letter, to which he had referred mere
ly to refresh his memory, the concluding para
graph oi which is, “ when I receive your cy
pher and your address, you shall hear from
me.”
Mr. Wickham insited upon seeing the let
ter.
General Wilkinson refused; but said it
was at the disposal of colonel Burr, and handed
it to him.
M. Botts. With whom was the cypher
formed ?
A. Colonel Burr and myself.
Mr. Botts. When were the hieroglyphics
agreed upon.
A. To the best of my recollection, the hie
roglyphics, which refer to the alphabet, were
formed about the change of the administration,
after the induction of tire president. The hie
roglyphics are divided into two parts ; one part
relates to the alphabet and figures, and the oth
er part to arbitrary, names or designations.
Mr. Botts. When were the arbitrary names
established.
A. I think in the year 1795 or 1796, but
not delivered to colonel Bun at that time.
Mr. Botts. \\ ho originally devised tne cy
pher.
A. That you hold in your hand (the hiero
glyphics) was devised partly by myself and part
ly by captain Campbell Smith.
Mr. Botts. Are you sure it was in 1796, in
which that part vv as devised.
A. I think 1 said in 1795 or 1796, but could
not ascertain which. But, advening to the
motives which induced me to form it, 1 think it
was in 1794
Mr. Botts. Are there no circumstances
which can enable you to ascertain the time ?
A. I could have proved with certainty the
time, if a witness w hom I had summoned had
attended. Here is another cypher made by
captain Smith in 1794; and the hieroglyphics
representing the president and vice-president
are the same with those used in the cypher with
colonel Burr.
Colonel Burr. What was the mode adopted
by you of sending round the prisoners ? By pub
lic vessels ?
A. No. My plan was to engage passages on
board private vessels, and to lay in a double stock
of stores for their accommodation.
Colonel Burr. When did your dispatches
go on board the vessel ? Can you ascertain the
time ?
A. Not without recurring to my correspon
dence.
Mr. Wirt. You had been for many years
in habits of intimate correspondence with co
lonel Burr ?
A. Yes.
(to be continued.)
documents
REFERRED TO IN GEN. WILKINSO.n’s EVIDENCE.
Ol
DEPOSITION OF COE. CUSHING.
On or about the Bth of October, 1806, I was
sitting at the dining table in my quarters, at
Natchitoches, with General Wilkinson, when a
gentleman entered the room and enquired for
Col. Cushing, I rose to receive him. and he
presented me the letter from General Dayt n,
of which the following is an exact copy, viz.—
“ iii:ahet\ Town, A". J. July 27, 1806.
“Dear Sir—This will be presented to you
by my nephew, a son of the late General Mat
thias Ogden, who commanded one of the Jersey
Regiments in the revolutionary war, and whom
you probably recollect.—He is on his way to
Nevv-Oi leans, and is advised by me to call at
your post, if it should be Fort Adams or else
i
where upon the Mississippi, as t am told it is.
His mciits and the esteem in which he is held
by me, makes me anxious to procure for him
a welcome reception, even for the short stay
of a few •-juit, that he may be able to make
with you.
“ Any instance of friendly a’tcntion or assist
ance shewn to him, and his very worthy com
panion, Mr. Swartwout, will be gratefully ac
knowledged, and regarded as a favor conferred
on” Dear Sir,
Your sincere friend
and very humble servant,
Jonathan Dayton.
Colonel Cushing,
The gentleman informed me that he was the
Mr. Swartwout mentioned in the letter, and I
presented him to General Wilkinson, as the
friend of General Dayton, and lequested him
to take a seat with us at table, which he did.
Mr. Swartwout then observed, tha’ Mr. Ogden
and himself, being cn their way to New-Orie
ans, hhd learned at Fort Adams, that our troops
and some militia were assembling at Natchito
ches, from whence they were to march against
the Spanish army, then in our neighborhood,
and that the object of his visit was, to act with
us as a volunteer. He remained with us some
time, and conversed on various topics; but
said nothing which could excite a suspicion
against him ; and he left us with a strong im
pression on my mir.d, that his business toNew-
Orleans was of a commercial nature, and could
be conducted by Mr Ogden during his absence.
While he was in my quarters, 1 was called out
on business, and was absent from five to ten
minutes.
The next morning I was walking on the
gallery in front of my quarters, w hen general
Wilkinson came up, and taking me aside, in
formed me that he had something of a very
serious nature to communicate to me. So
much so, that although it was necessary to hold
it in strict reserve for the present, he begged
me to bear it in mind, that 1 might be able to
make a fair statement of it at any future pe
riod. He then asked me if I knew, or had
heard of, an enterprize being on foot in our
western states. I replied .that I had heard no
thing on the subject, and asked him what the
enterprize was to which he alluded. He then
said, “ yes, my friend,” a great number of indi
viduals, possessing wealth, populatity and ta
lents, are at this moment associated for purpo
ses inimical to the government of the United
States. Colonel Burr is at theii head; and
the young gentleman who delivered you the
letter last evening, is one of his emissaries.
The story of serving as a volunteer, is only a
masque. He has brought me a letter from
colonel Burr, which, being in cypher, I have
not yet been able fully to make out, but I have
discovered that his object is treasonable, and
that it is my duty to oppose him by every
means in my power, lie assures me that he
has funds—says the navy at e with him—oifets
to make me second in command, ana to give
the officers of the army any thing I may ask for
them : and he requests me to send a confiden
tial friend to confer with hirr. at Nashville in
Tennessee. In fact, he seems to calculate on
me and the army as ready to join him. I then
asked the general whether he had received any
information or instruction on this subject fioni
government; to which he replied, that he had
not, and that he must therefore adopt such
measures asin his judgment were best calcu
lated to defend the country. He said he would
immediately march to the Sabine and endeav
or to make such terms with the Spanish com
mander, as would justify him in removing the
greater part of his force to the Mississippi; and
that the moment this should be effected, he
would send me to New-Orleans in a light barge,
with orders to secure the French train of artil
lery at that post arid to put the place in ihe
best possible situation for defence ; and that ae
would follow wiih every man that could be
spared from Natchitoches w ith ail possible ex
pedition. He told me, that he would give the
information he had received to the President
of the United States, and solicit particular in
structions for his government; but, as delay
might prove ruinous, he would pursue the
course before suggested, as the only means in
his power to save the country, until the plea
sure of the President conld be known. On
our march to the Sabine, the general told me
that he thought his presence at New-Orler.ns,
at as early a period as possible, was absolutely
necessary ; and that the moment he could
make terms with the Spanish commander, he
would set out for that place and leave!me to
bring on the troops.
Natchitoches, 15th November, 1806.
T. H. Cushing,
Col. 2 .1 Reg. Inf. and Adj. and
Inf sector of ihe Army.
Sworn to before me at the city of New-Or
leans, this 20th day of May, 1807.
George Pollock.
Justice cf the Parish of Orleans.
Philadelphia, 2Sth July, 1806.
Dear Sir—Mr. Swartwout the brother of
j Col. S. of New-York, being on his way down
’ the Mississippi, and presuming that he may
pass you at some post on the river, lias request
ed of me a letter of introduction, which I gave
; with pleasure, as he is a most amiable young
j man, and highly respectable from his charac
! ter and connections. I pray you to afford him
any friendly offers which his situation may re
j quire, and beg you to pardon the trouble which
this may give you.
With entire respect, your friend and obedi
ent servant, A. Burr.
| His excellency gen. Hilkin’cn.
Air Swartwout.