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TRIAL OF COLONEL ECRU.
ft tie rat Court-* ftrhm.ed, Tandy, Hi fit. 29.
MOTION lOlt COMMITMENT.
EVIDENCE OF CRN. \MLKINSON.
(Continued from our paper of Thursday Ijfh)
Gen. Wji.sinson, ttcdre sing the judge. —
from the rapidi'y with vliicls the interroga
tories were pul. and the promptitude of my an
swers when last before you, I teat some tnisap
ftvchension may have occuncd ; I therefore
bog leave to explain the facts to which the in
teu oratories appeared to be pointed, wiii hi
tnr t i sh; M he able to Jo clearly, concisely and
3a ‘. .fucloril v
The o, lv explanation ofthc cyphered letters
of colonel Run, transmitted by Swart wont and i
Ii illmatt, which I have made, was done h tity j
at.d try picce-tncal at N-ichitoches. F t : it> K I •
have rid led this tut irnpc:-lect interpretation, and .
T have done so, bcc-t'.i->e alll.ougn it gate toe
their full sense, yet by omissions and abbrevia
tions, it could not be wtjl understood by ano- j
thcr.
On reflection I think it v.vt from this doett- .
Trent, r.nd not from notes, that the purported ,
colonel Burt's ,< “c. were given to the leg is- j
Tativc ep t :oil and rcprcsetitames oi the lerrito- <
ry of Orleans. T ii. <! the summons from tltr
house beat s dale the 15th t-f January last, ami
I believe the examination c in . eno.ed the ITtlt.
It lasted two days, and therefore I cannot rc
collit t tlk* particular course or circumstances.
1 find, by references to nty papers, that certain ;
documents were rubmitted to tliecletk to be *
read ttiidcr restrictions, and it is probable l <■ at - j
lied with me to the house, all the papers res- i
ra f ting the subject of ‘inquiry.
1 hare some impression that this same docu
ment was proffered to the grand jury, to aid
them in their interpretation of the cyphered
letuns of colonel Burr, but I cannot speak with
cC'uinty. ’this examination lasted several
days and like that before the legmia ivc coun
cil and representatives of the territory of Oi
lcans. was diffuse, desultory and complicated, ‘
and therefore it is imp< ssiblc for me to charge
my memory with minutiae.
sue interpretation of v s . Duncan, was made
the 23th or 26'h of December, 18 r -b. twenty
days before my examination by the legislative
council and representatives of the te ti'.oiy of
Oi teans.
1 (id not transmit an interpretation of the
cyphered letter to the president, but I well re
collect explaining it to Mr. Isaac Briggs, the
i nfuleutiul incs-engc’ at 1 1 with mv letter of
itoe 12'h of (Novell bet, who was harged also
to make oral communications to the president.
tiv reference to the original letter, it will be
found, that a deposition is attached to it : this
was done pi epuratory to the transmittal of it to
the president, as was my intention by a special
messenger, but the Far tout it might be lost
changed my determination. I kept it in my ;
possession and brought it with me.
Referring to colonel Bun ’s letter of * e lO'.h
of October, U>JO. i have said, that I believed
‘tbe cypher depen ling on the book, was formed
in that year, yet it may have been afterwards.
I perfectly remember, that about that period,
colonel Burr''informed rne thm he had to send
150 miles for the counterpart of the bonk ; and
also in answer to a letter 1 wrote him from the
fiontier of Georgia,on the Oconee river, in the
year 1802, he then being in Charleston, he in
formed me be could not write as freely as he
wished, as he had not the cyphei wi'h him.
In accounting for the erasure of the dupli
cate, of colonel Burr’s letters, I have mention
ed the apprehension which nad been excited of
nvv being an accomplice of colonel Burr’s, and
that 1 was preparing for his reception This
device had excited such alarm, and the
friends of government vvete so in, ensed, that I
was cautioned by Nilas Diusmore. esq. to take
care how I noved, as I \v.,s in danger of being
tarred and feathered.
After general Wilkinson had finished his ad*
and ess to the court, Mr. arfin asked him if he
had the original translation of the cyphered
Je ter of colonel Burr. His answer was— I
h ivc not. I have looked for it. but cannot
f.-d it.
General ICl'dis'n then said, that he wished
to present the deposition of. apt air. Walback.
formerly a mein’ier of his fa mily. It went to
explain h(s very general h.ibi’ of correspond
ing in cypher. (Sec the de|X>sition of captain J.
B. Walback.)
Mr. Wickham. Have you ever accurately dc
cyphered the letter scut to the president ? A.
No. I have said before, that the only interpre* *
tation I ever m tdc, was hastily done at Nachi
toches. Mr Wickham. Then you are not able
now to point out tfie dtflerenee between Mr.
Duncan’s translation and the original letter ? A
Specifically I cannot ; suhstantialtn I can. Such
puts were left out as were calculated to incul
pitc me, for the reatnns alvcndy stated. Mr. >
Wickham. I observ e one of the cyphers is in
hieroglyphics designed in 1799 or 1801. A. i
Tht is erroneous. When the hieroglyphics*
were formed, they were taken from a s nail
slip of paper and annexed to that in your hand ,
to prevent its being lost. Q. Can you tell
when they were made ? A. I cannot precise
ly. I have before stated the time as nearly as I
ran. Q Can you tell upon what occasion they
w‘re made ? A. For the purpose ofcootnju
nt rating with colonel Bu t. Q. Do vou recol
lect your having sent a letter to colonel flnrr,
f inn St. Louis, in Mayor June, 1806 ? \. I have
inch an impression, but have not the most dis
tant recollection of its contents. (Mr. IVir
submitted to the court whether it could b • pro
for the opposite counsel to interrogate gen.
Wilkinson as to a letter which was in their own
possession. If they meant to rely upon the :
letter m evidence, they ought to produce it.
He considered it unf.ir to select such parts us
Alight tend to inculpate general Wilkinson, and
keep back those which would l<*>d to an expla
nation of his conduct. Mr. Wickham said it was
j thcii own pajier, and they were not bound to
j piodnce it till they thought proper. Their ob
ject was to cross-examine the witness and see
whether lie was consistent with himself. This
; they had a light to do. The Chief Justice said
that the question would not be permitted to
have any bearing on the cause unless the letter
was produced. Any thing drawn out of the let
ter would not be testimony, unless the opposite
party who had it in their possession, would ex
hibit it to the court. But it was obvious that
they bad another object which was, to ascertain
the consistency of the witness. Mr. Wirt. If
the object be to shake the credibility of the wit
ness. is it not fair to hint and to the conduct of
the cause to exhibit the whole letter ? Mr. lin
ker. A vety ingenious mode his been adopted
by the gentlemen. We put the questions, ar.tl
they undertake to furnish the answers, without
leaving to the witness to do it himself. Wo do
intend to shake the credibility of general Wilk
inson, and to make him produce the shake him
self. Mr. M liar. 1 understand the comt to
say that the examination, as to the contents of
the letter, shall have no effect unless the letter
itself be produced.
ChyJ Justice. General Wilkinson says that
lie lias no recollection of the ontents ofthc let
ter. The subject matter of the letter cannot
be established bv the examination. But the.
witness mav lie cross-examined for the purpo
ses avowed by the opposite counsel-
Mr. IVi k/.am Do you recollect that you did
I wri e to colonel Burr in 1806 ? A. I have bc
-1 foie stated that ( have such an impression ; but
Ii have no recollection of the contents oi any
1 communication made to him, allho’ I remcm*
. her the motive which induced me to write. Mr.
ll'i khum. You h ive no recollection of any
particular expression ? A.’ No. F.c ept in a
letter of Octohir or November, 1803—2. Q.
Have you no recollection of any expression or c
sentiment exp. eased in your letter of 1806?!
A. 1 have no recollection. Q. Was it yotit i
expression that we should have a war with jj
Spain ? A It was my opinion ; and there was
a very general impression that we should have
a war with that power. Q. Do you recollect
writing any t ing respecting the measures of
the government, in relation to a war with Spain?
Have you no recollection of any opinion ex
pressed in a letter to colonel Burr ? A. Ido
not recollect having expressed any opinion res
pecting the’ measures of the government. The
only expression of which I have any idea, is
one vised in a letter of October or November
1805, in which, I believe, I say, *■ I fear Miran
da has taken the bread out of your mouth.”
Mr. IV’ckhnm. There were letters published
font you while in the neighboi hood ofthc Spa
niards. I lav c you copies of those letters here ?
A. I have the whole correspondence. Mr.
Wickham. We only want the letters of Sep
tember and October, which state that war Vith
Kp..in is inevitable. General Wilkinson. I
think I iay IkYvc said so, and I believe that I
have papers here which throw some light on
the subject. Hectare my instructions to the
office: who commanded the troops when they
left St. Louis. (General Wilkinson handed to
Mr. Wickham copies <.f Ins instructions to
colonel ‘ nsliing.) Mr. M’ a- What is the
date of those instructions ? A. The 6th and Bth
of May 1806. Gere : al Wilkinson said that lie
would, with plev.su:e, submit the whole cor
respondence, if he could do it consistently with
his own Me sos propriety. But there were
contained m it such secret military operations,
as it might be improper to expose. Mr..
Wickham. I think you state that at that time,
the expectation of a war with Spain was very
general ? v. It was so ; and if my instructions
to colon. 1 Cushing can be read, they will shew
mv own i tit'.ressims (Here Mr. M’Rae read
the instructions of general Wilkinson tocolonel
Cu ,hing. of he 6th ana Bth of May 1805 j for
w:ib h sec notes K. and i, )
Mr. W/ khan. 1 think you have said that
there was an universal expectation of a war
with spain, .about the time when the troops oi .
th it nation crossed the Sabine? A \cs Ij
have said to. I had made arrangements fora {
general attack. Mr. Wickham, so what cruse 1
ate vve to ascribe the accommodation which ;
took place between the two armies ? A. To j
a wish to spare the effusion of blood ; and, per- j
haps, because on one side there was a reluc- ;
tance to light Q. On which side? A. On j
the side or Spain. Mr. Wickham . Can you!
tell the particular motive which induced them |
to re-cross the Sabine, and change their posi- j
tion ? A. I think I can explain them. Im
mediately on my arrival at Nachitoches on the >
24th of September, I addressed a letter to go-!
vernor Cordero, whom I considered the com- t
m.mder in chief of the Spanish forces on that 1
frontier. I communicated to him my orders J
from the president, and urged him, on the j
ground of right and humanity, to withdraw |
his troops from the east of the Sabine and rc- t
cross that river. Whether this or tin; vigorous J
preparations foroffe site operations which i im- 1
mediately commenced on my arrival at Nc.chi
toches, produced the effect or not, I cannot tell.
But the fact is that the Spaniards, about the 27th j
ofthe month, raised their camp at Bayou Pierre !
marching by their right intersected the high
way ft out Machhoches to Nacogdoches, about
titles in mv front, pursued that route, and
re-crossed ‘he Sabine altout the 29th or 30th.
Mr, Wickham. Was this alter you had rc*
tvived the cyphered letter? A. No. It was
sonic time before. Mr. Wickham. Had you
any correspondence with the Spanish comman
dant, on the sttbjc t of colonel Burr’s expedi
tion .igainit Mexico? A. None. The cariLst
: comnuinicailons which I tm.de ert that subject
were alter my return to Natchez. Mr. Wick
ham. Has the jurisdiction of the Uif ‘ed States
ever been exercised as far as the Sabine ? A
I cannot tell. Mr.Wickkunt. Was it in conse
quence of instructions'from the government
that you Concluded the convention with the
Spanish commandant ? A No. Mr.\\ ickhum.
I do not recrtliect whether that convention har
der been published. A Neve-. Mr. W ick
hum. Have you any copy of that convention ?
A. Yes. But until it shall be the pleasure of
the government to publish it, I do not think
myself at liberty to divulge its content.. Ido
r.ot think it reconcilable to the duty of a milita
ry commander to anticipate his gy- eminent in
the publication of official communications.
Me. llickham. Were there any secret arti
cles in that convention ? A. None. There was
but one article. Mi. llickham. Was theie anv
sum of money agreed to be paid on either side ?
A. Not one cent. Mr. Wickham. You wrote two
letters to the president, one of the 21st of Octo
ber, and the other of the 12;h of. ovember,
1806. Have yon a copy of that of the 12’.b of
November, and will you give me leave to ask
whether that letter was before the grand jut v ?
A. It was submitted to the grand jurv. (Mr.
Wickham said, that they called for a copy of
that letter. If the counsel on the other side
thought proper to oppose it, they might doit at
once. Mr. Hay. We shall certainly oppose
the production ofthe letter. The president has
been consulted on the subject; and he has ex
cepted such parts as he thought it would be
improper to produce. The Chief Jui ice re
marked, that after the president had been con
sulted, he could net think of requiring from
general Wilkinson the exhibition of those putts
of the letter which the president was unwilling
to disclose. Mr. Wickham. The whole letter
having been before the grand jury, and acted j
upon by them; We certainly have a right to call |
for it also ) Mr. Wickham. Were the Span- *
iatds in considerable force on the east side of ;
the Sabine ? A. They were reported to be so. j
Mr. Wickham. What was the strength of the I
army of the United States? A. About SCO i
effective men. Mr. Wickham. What aiders S
did you receive from the government in the •
month, of December and February last ? A. I
cannot say what particular orders I received
during those months. Owing to the frequent
change ; of my position, I was for more than
six months without orders. But it is impossi
ble lor me to answer the interrogatory to the
extent in which it is put, without subjecting
mysertf to severe military penalties. Nothing
can be more improper or dishonorable than to
divulge military orders of a secret or confiden
tial nature.
(Mr .Wickham. There can be no doubt but
under the sanction ofthe oath which general
Wilkinson has taken, ho may be compelled to
give testimony as to the points on which he has
been interrogated. In England, nothing is
more common than for the most secret trans
actions to be disclosed in a court of justice.
Considerations of delicacy in the witness have
never been permitted to have any weight. Mr.
Hay. There is a material difference. Those
vvete cases between individuals ; this is a com
•munication from the executive government.
We arc not at liberty to dive into the secrets of I
the executive department to know what orders :
they give to their agents, and to proclaim those ;
orders to the world; orders which were given 1
for the public good. There can be no doubt
but the public good does require that various i
orders of the government should forever re- .
main a secret. Mr. Wickham. The gentleman •
did not understand my question. I asked gen
eral Wilkinson what orders he had received ‘
from the government in relation to col. Burr.) i
Mr. Wickham. Did you receive any orders to 1
attack colonel Burr and his party? A. That
question may require some qualification. Mr.
Wickham. Did you send any officers in disguise {
to take colonel Burr? A. 1 sent three. Mr. j
Wickham. Their names ? * (Mr. Hay said, that J
he did not think general Wilkinson was bound ]
to answer r. ch questions; that he was not j
bound to furnish evidence against himself, ot
to subject himself to prosecution. Although
he believed that the exigencies of the times
would justify the measures which general Wil
kinson had adopted, it was left with himself to
determine whether he would answer the ques
tion or not. General Wilkinson. If the ques
tion goes to. criminate rnyself, I presume that I
am not bound to answer it. Chief Justice.
Would general Wilkinson he subjected to an
action for sending to apprehend colonel Burr,
unless he had been seized ? Mr. Hay. It may
go to criminate him as a military man. lie
may have acted without orders. Mr. Wickham.
I do not presume that he acted without orders;
but under the orders of the government. The
Chief Justice said, that he could not perceive
the application ofthe evidence ; but as evidence
was introduced to she-.v the flight of col. Burr
from Washington, this, he presumed, was in
tended to account for it.)
Mr. Wickham. Will you state the names of
the officers sent to apprehend colonel Burr? A.
Captain Hook, lieutenant Peter, lieutenant Mul
fot'd, doctor Davidson, of the army, and doctor
Carmichael ofthe Mississippi Territory. Mr.
Wickham. Did you direct them to go without
uniform ? A. I believe I did. Mr. Wickham.
Did you direct them to conceal the object of
their mission ? A. I feci great delicacy in re
vealing my orders.
[ The documents referred toin the preceding
in our next.")
(to bf. continued.)
Rees’ Cyclopedia.
SuMcribers are informed, that the FOURTH
NUMBt-.R is received, and ready for delivery at this
Office. The Fifth and Seventh are daily looked for
trii Philadelphia,
PROCLAMATION TO THE DANES.
Issued on the 1 6th Hugust. at Zealand, by admi
ral Gambler and lord Cat heart, conn, antlers
vi chief of his liritannic majesty's forces by sea
and landytm/iiotjcd in the expedition.
\\ he teas, the present treaties of peace, and
the changes of government and ot teiiitory,
acceded to bv so many powers, have so far in
ci eased the influence of l-'rance, on the cotli
nent of Europe, as to tender it in possible t< r
Dei.nmtk, though it desires to be neutral, to
preserve its neutrality, and absolutely ncces'.a
ry for those who continue to resist French ag
gression to take measures to prevent the arms
ol n, utral powers front being turned against
them :
In this view, the king cannot regard the
present position of Denmark with indifference ;
and his majesty has sent negociators with am
ple powers to his Danish majesty, to request,
in the most amicable manner, such explanc
tions as the times require, and a concurrence
in such measures as can alone give seemity
against the farther mischiefs which the French
meditate through the acquisition of the Dirfish
navy.
The king, our royal ani most gracious mas
ter, has • ere fore judged it expedient ,o c'.esiie
the temporary deposit of the Danish ships of
the line in one of his majesty’s ports.
This deposit seems to be so just, ar.d so in
dispensably necessary, under the relative cir
cumstances of the neutral and belligerent pow
ers, that his majesty has further deemed it a
duty to himself, and to bis people, to support
this demand by a powerful fleet, and bv an ar
my, supplied with every preparation necessary
for the most active and determined cnterpi ize.
We con.e, therrf sre, to your shores, ir.ha
: bitants of Zealand, not as enemies, but in -Tf
i defence ; to prevent those who have so long
! disturbed the peace of Europe from compel*
! ling the force of your navy to be turned against
| us.
We ask deposit—we have not looked tocap
] lure So far from it, the most solemn pledge
has been offered to your government, and is
hereby renewed, in the name and at the ex
press command of the king our master—-that
if our demand is amicably acceded to. every
ship belonging to Denmark shall, at the con
clusion of a general peace, be restored >o her,
in the same condition and state of equipment
as when received under the protection of the
British flag.
It is m the power of your government, by a’
word, to sheath our swords, most reluctantly
drawn against you ; but if, on the other hand,
the machinations of France render you deaf to
the voice of reason, ar.d the call -of friendship,
the innocent blood that will b spilt, and the
horro-s of a besieged and bombarded capital,
must fall on your own heads, and those of your
cruel advisers.
His majesty’s seamen and soldiers, w hen on
shore, will treat Zealand, as long as your con*
duct to them permits it, on the footing of a
province of the most friendly power, in alliance
with Great-Britain, whose territory has the
mis fortune to be the theatre of war.
The pet sons of all those who remain at
home, and who do not take any hostile part,
will be held sacred.
Property will be respected and preserved,
and the discipline will lrc cnfo’ ced.
Every article of supply furnished or brought
to maiket, will be paid for, at a fair and settled
price; but,as immediate and constant supplies,
especially of provisions, fotage, fuel and trans
ports, are necessary to all armies, it is well
known that requisitions are unavoidable, and
must be enforced.
Much convenience will arise to the inhabi
tants, and much confusion and loss to the . vviil
be prevented, if persons in authority arc found
in the several distticts, to whom requisitions
may be addressed, and through whom claims
for payment may be settled and liquidated.
li such persons are appointed,and discharge
their duty without meddling in matters which
do not concern them, they will be respected
and all requisitions shall be addressed to them,
thro’the proper channels .and departments of
the navy and army ; but, as forbearance on t ! /
part of the inhabitants is essential to the pi in -
ciple of these arrangements, it is necessary that
ail manner of civil persons should remain at
their respective habitations ; and any peasants,
or other persons, found in arms, singly or in
.small troops, or who may lie guilty of any act
of violence, must expect to be treated with
rigor.
The government of his Danish majesty hav
ing hitherto refused to treat this matter in an
amicable way, part of the army has been dis
embarked, and the whole force has assumed a
warlike attitude ; but it is as yet, not too late
for the voice of reason and moderation to be
heard.
Given in the Sound, under onr hands and
seals, this 16th day of August, 1807.
Gambieu.
C'athcaht.
LONDON, September 3.
It is in contemplation to erect a telegraph
near the king’s chair, on this side New Market,
for the purpose of communicating with the
North sea fleet in Yarmouth Roads.
The Channel fleet sailed from Torbay on
Thursday, to return to its station otT Biest.
In June last, the Wanderer sloop of war car
tied to St. Petersburg! 1 ! upwards of 300,0001.’
in specie, as a loan from this country to the
Russian government, to be used or not, as cir
cumstances might require. The treaty of
I'ilsit put an end to the necessity, and the mo
ney has since been re-shipped for England in
lie Astre.i frigate, which carried out IcAdGow
er, and is now on its return to England.
li 7 -V