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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