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declaring what / think. If Mr. Jefferson him
stii Was here, wouk. not this court call him be
fore it, and ni.ike hiui disclose upon oath the
contents of that letter r Suppose, sir, that in
this letter gen. \V. has denounced governor
Claiborne and Cowles Meade ; suppose that in
this tetter he has represented all the people ot
New-Or leans as disaffected ; suppose that he
has attempted to throw every influential
man but himself under the suspicions of the
government, in order that he may raise him
ovlt into tavor—is this a leason why this letter
should be respected or withheld ? Mr. Burr
repeated that this letter had been laid btfoie
tiie grand jury ; that it was therefore no longer
a state seciet; and that he had a right to ask
lor any thing which gen. W. h. and showed or
said to the grand jury. Chief Justice. After
such a certificate from the President of the U.
States us has been received, I cannot direct the
production of iliore parts of the letter, without
sufficient evidence of their being relevant to the
present prosecution. I should suppose, how
ever, that die same source which informed von
of the existence of this paper, might inform
you of the particular way in which it was lele
vam. Mr. Burr. In such a case. I ask no man’s
opinion but my own. Chief Justice. 1 cannot
assist you. Mr. Burr. Hve not Ia right to
ask ujmt any one said before the grand jury ?
M<\ iThkham read certain parts of the extruer*
td and furnished copy, to show, i hat, from the
context ot those putts, the omitted passages
bore directly on the subject The President of
the United Slates might have had proper rea
sons on account of gen. \\ i.kinson to withhold
those parts, but gen. Wilkinson himself has no
right to withhold them ; and ii he produced the
whole letter before the grand jury for the sake
of criminating col. Burr, he may certainly be
called upon to lay it before this court.
Gen. W ikmxon begged leave to correct the
expression ol the gentleman about his motives.
He did not produce his letter before the grand
jury to criminate colonel Burr, but to vindicate
himself Mr. llickhum. 1 hat is the very thing
which I say. Why did he wish to vindicate
himself, but to give greater effect to his crimi
nation ol col Burr? Ge . ililkinson begged
leave to state another consideration. When he
appeared before the grand jury, he recollects
Mr. Taylor ol the grand jury enquired of him
whether he introduced cei tain papers to vindi
cate his own conduct, and that he replied in the
pffirmaiive ; he remembers also observing to
thfe grand jury, that certain parts of his infor
mation involved such delicate personalities,
that he should not willingly give it publicity,
and therefore he hoped what he said would be
received in confidence, to which a member
(Ur. Barbour) after some pause, replied,
“ whatever you say here, sir, is received in con
fidence.” Mr. Ilay. Mr. Tazewell is here
and will confirm that statement. Mr. Burr.
Then they did a very improper thing; and l
hope this court will not countenance such a
proceeding. The gentlemen must be mista
ken, sir. [he grand jury could not thus re
ceive secret information. Mr. Hay observed,
that gentlemen acted very precipitately in con
demning the grand jury unheard ; and appeal
ed to Mr. Tazewell for what he knew on this
subject. Mr. Burr. They have no right to
introduce a witness now, when vve have one
under examination. Mr. IVirr supposed, that
when the grand j >ry was thus charged by the
accused or his counsel, they had a light to ap
pear in vindication of their own conduct. Air.
Burr. 1 hat may be a pleasant occupation to
the. court hrretfir j but at present we have a
wiu'ess under examination.
After a long and desultory argument, the
Chits Justice determined that the correct
course was, to leave.the accused all the advan
tages which lie might deiive from the parts
actual v produced: and to allow him all the ad
vantages oi nu/i/wsiug that the omitted parts
.related to any particular point. The accused
may avail .himself as much of them, as if they
were actually produce k Mr. Ifickhum. We
shell then insist in the course of argument,
4Jut ou! suppositions, if not disproved, must be
receiv ed as evidence Mr. Ala tin And 1
shall take the liberty of stating what is actually
contained in the omitted parts < f the letter.
For I know vvh.it they are. Mr. IVirt. Mr
Mu •tin, sir, is privileged to say what lie pleases
of any person or thing.
Mr. Burr to General IVtt kin son. Was there
not an order given by you to seize the person
of Mr. Pintard; A. I have no recollection ihat
I gave such orders; and 1 conclude, from the
circumstance of an explanation I made in the
newspapers that, I did not. Mr. Burr. I have
seen an order said to have been from you. for
seizing him ? A. I do not recollect it; but
if any such is shown to me, I shall certainly
confess it. Q. Uid you give any orders to at
rest Daverzac ? A. I gave general orders only.
I stationed a guard about two miles above New
Orleans to stop boats and persons. Q. What
were the orders given to that guard ? A. to
stop all persons descending the river. Q.
And to seize papers too, ? A. Ido not recollect.
Q. Were the papers of Mr. Pintard brought to
you ? A. They were ; put uhey were immedi
ately returned.
Mr. Hay. It is the ofinion of the conrt. that
general Wilkinson is to be interrogated about
all bis transactions at New-Orleans ? I object
not to healing the truth, but I cannot consent
to this sacrifice and waste of time. I believe it
to be a principle of law, that when a witness is
introduced by the prosecution, he is only to be
cross-examined about the points of his original
testimony. Is this prosecution never to end?
or are vve to wait to give the accused an oppor
tunity of entrapping general Wilkinson, which
they avow to be the object of their interrogato
ries? Mr. W’ickhom It is a novel idea, just
•urted by the gentleman. If such weie the
law, the prosecution need only to seize on the
most material witness on behalf of the accused,
examine him only as to a few points, and then
dismiss him. All his evidence in favor of the
accused would consequently be lost.—Mr Hay.
The law is laid down in 2 Atkins. The Chief
Justice overruled the objection and the exami
nation proceeded.
Mr. Burr. What letters directed to me, did
you take from Pinturd or Daverzac ? A. None.
Mr. B urr. Did you return to those gentle
men, all the papers you took from them ? A. I
think I did not. But Ido not recollect what
part of them I retained. Mr. Burr. You have
read the constitution. By what authority did
you seize private papers ? Gen. Ilitkinsou to the
court. Am 1 bound to answer questions which
may criminate myself ? Mr. Burr. To state
the authority, which he seized the papers, can
not eliminate him, though the tact ol seizing
might. Chief Justice to general Wilkinson.
When you discover that any question may eli
minate you, you need not answer it. Mr. Ba
ker. And when lie does resort to that expedi
ent, he is to be understood as shuffling from
the question, and as likely to criminate himself
by his answers. Mr. Wirt. And il is also un
derstood, that when called on in this manner,
he may explain his conduct by drawing a pic
ture of the defenceless condition in which he
found New-Orleans, and the necessity of resort
ing to such strong measures for its delence.
Mr. Baker. And if he does give us a picture,
it must be a true and faithful one. Chief Justice.
I have staled to general Wilkinson that he is at
liberty to explain the motives of his conduct.
Gen. Wilkinson. Then, Sir, 1 will explain
and substantiate the motives of my placing this
guard, and of my other measures. Here is a
paper ; a letter of advice from general Jackson
to governor Claiborne, warning him of the ap
proach of a large body of men to New-Orleans,
combined and engaged for unlawful purposes.
Here, Sir, is a deposition which goes to show,
that Judge Provost, the step-son of col. Burr,
saluted a public officer in the streets of Orleans,
anti congratulated him on the arrival of general
John Adair us the second in command to col.
Burr, at New-Orleans.—Here is a deposition
of commodore Shaw, which shows th.tßi ad
ford, the printer, had repot ted a most terrific
account of the movements in the upper coun
try ; of an armed brig being equipt. and even of
12,000 stand of arms being issued by colonel
Burr. These were the reasons for my taking
such decided steps ; and so impressed was i
with the dangerous situation of my country,
that if I had omitted these precautionary mea
sures, I should have deserved the severest de
nunciations of the government. I was prompted
by that pure patriotism which has always influ
enced my conduct, and my character for which,
I trust, will never he tarnished. I shall conti
nue to defy the utmost art, fraud, deception and
villainy, that my enemies can practise towards
me.
Mr. Wickham objected to the production of
the depositions. After a desultory argument.
The Chief Justice determined that it was not
correct to read them. If these affidavits had
been made previous to the transactions at New-
Oi leans, they might have been read as expla
natory of the grounds of general Wilkinson’s
conduct ; but being taken since, they are ob
jectionable, as every thing of that kind ought
to be subjected to a cross-examination. Gen.
Wilkinson has stated the grounds of hi's own
conduct, and very properly ; but lie has no right
to support his explanation by illegal evidence.
Mr. Baker. The court having disposed of the
depositions, the only question that remains, re
lates to the letter. On this question two points
Occur —Ist. Whether this is a correct copy of
acer tain letter—and 2dly. Whether that letter
was written by general Jackson. Chief Jus ice
to general Wilkinson. Do you know the hand
willing of general Jackson ? A I know it only
bv comparison. I never saw him write Air.
Wickham. Did you compare this letter ? A.
My clerk did ; and he is liete. Mr. AT/?e.
Is it not your best belief, that this is a true co
py of the original ? A I believ eitto be a cor
rect copy. — Mr. M'liae. Did not this letter
form the ground, in part, of your conduct ? A.
It did certainly influence my conduct. Mr.
Wickham objected to its being read, because it
was only proved to be a true copy by the gene
ral recollection of the witness. Some desulto
ry discussion ensued. Chief Justice. Both
sides admit, Aval it is immaterial whether gene
ral Wilkinson’s impressions of the state of
New-Orleans were actually true or false. Both
sides admit that he may produce any letter,
w hich is verified by himself. But this copy is
not proved to be a true copy. There is no ob
jection to general Wilkinson’s stating the con
tents of this letter ; but that statement cannot
he confirmed by the copy that is offered.
Mr. Wickham. There is one thing more to be
considered. The court has not come to any
posithe decision as to the letter of the 12th of
November. If genet al Wilkinson docs not pro
duce the omitted parts, by the rules of evidence
we ate at liberty to stale and to use them, until
they are disproved. General Wilkinson may,
it he pleases, produce the whole letter at any
subsequent period. Mr. Hay. The President
of the United States has prescribed the course
which should be pursued. It is he, and not
general Wilkinson who withholds the omitted
parts. It is fair then, that the opposite counsel
should supply these omissions as they please,
and that their suppositions should iie received
as evidence ? Chief Justice. I have already
decided this question. It is ceitainly fair to
supply the omitted parts by suppositions, tho’
such ought not to affect general Wilkinson’s
private character If this wet e a trial in chief,
I should think myself bound to continue the
cause, on account of the withholding the parts
of this paper j and I certainly cannot exclude
| the inferences which gentlemen may dt aw from
l the omissions.
General Jl ilkinsen. I have to offer, sir, a
letter irom James L. Donaldson, which Mr.
Martin called lor yesterday. Mr. Martin.
This is only an extract. General Wilkins n.
1 had no other. Mr. Martin, (returning the
paper) \\ e take no extracts. Mr. Wirt.
(in an under key) Unless it be of molasses.
Genet al Wilkinson. 1 have also another
paper. It ts the extract of a letter from Air.
Covington, showing that the cypher was invent
ed in 173-;. Mr. Wickham. Did you ever
use these cyphers, or any of them, or any other ;
cypher, in correspondence with the Baton Ca- ‘
rondclet ? A. No. But I must reflect on that
question before I answer it decidedly.
[kemaixdsH IN OUR NEXT.J
TO THE WALL-FLOWER.
Dear odorous plait! whole ye.low flowretsbloom,
1 ho’ sterile inter thills thy filler train,
Brills the gay folia e, wafts the loft perfume,
And, reekiefs, fucks the vegetable vein.
The hoar froft fpreada around his mant ing white,
Belet with transient gems of icy dew,
Autumn s ritt Ihadows cloud the gloomy night,
And Nature feels a death in all but you.
’ Tis thus unshaken Virtue bravely (lands:
Humble, yet firm, she bears the hi.ter blast;
Tho keen Misfortune leite her {halting hands,
And poverty’s cold dews her path o’ercail.
V. ithbrighter beams the lovely fuflferer glows,
Gathettng lre(h lutlre from surrounding woes.
Savannah,
THURSDAY EVENING, NOVEMBER 5, 1807.
COMMUNICATION.
1 lie Brigadier-General of the first brigade,
of the militia of Georgia, having tevie wed the
sevetal regiments and battalions under his
command, tor the purpose of procuring the
quota ol men required irom his brigade to form
a part ol the general army of one hundred
thousand men, lecls pleasure in announcing,
that tlie necessity of di alling has been superced
ed by the voluntary and patriotic tenderol'lhc
services oi the militia to their country, with
the exception of but nineteen nun in ti e bri
gade, and ate of the following counties and bat
talions, to wit—Camden Bih battalion, volun
teered, with the exception of sixteen men ;
Glynn 7th battalion volunteered, with the ex
ception ol one man ; Liberty 4th battalion vo
lunteered, except two men ; Bryan sth battal
ion volunteered unanimously ; Chatham Ist re
giment, on receiving the signal for marching,
the artillery, cavalry and infantry gave three
chcets and volunteered to a mu*. The same
unanimity prevailed in the 9th battalion and 3d
battalion of Effingham.
Greater zeal and patriotism have never been
displayed by the militia of any country, than have
been evinced on this occasion, each individual
being desirous of embracing the first opportu
nity of embarking in the service of his country.
In sevet al instances, the right of preference
has been decided by lot.
The failure of colonel Law’s orders reach
ing the 6th battalion, prevented them from an
opportunity of following the example of their
fellow-citizens.
It may not be improper to observe, that, al
most without an exception, the persons who
refused their voluntary services were hostile to
the interests of this country, at the close of the
} last war, or are the sons of such characters.
Savannah, JYovember 3, 1807.
The following intelligence is from Louisville,
Ken. August 13,1807 -—Yesterday Davis Floyd
l was found guilty of misdemeanor by the circuit
] court of the Indiana territory, held atJefterson
j vilie, on a charge of the United States, as con
j nected with Aaron Burr in his late treasonable
I expedition. It is expected the court will pro
] nounce their sentence this day. The honorable
judges Davis and Taylor presided.— Rich, fiu/i.
| The following particulars are furnished by
) Valentine M. Rathbone, a missionary among
the Indians :
1 “ That he was at Buffaloe-crcek on the 14th
i of August, when a long talk was held by the
; chiefs of the Six-Nations, and Mr. Granger, the
! United States agent. That they expressed
, their aversion to war, and thei’ - determination
to live in peace ; but that they feared that some
| of their young men would be seduced by in
toxication, or bribed by some other thing, to
raise the hatchet against the United States.—
‘1 hat they should watch over their young men,
and warn them of the evils of a state of warfare.
J —1 hat they lamented the introduction and too
| frequent use oi sptritous liquors among their
j brethren ; and ascribed to intemperance those
; calamities which result in commotion and
j bloodshed—That they appeared to enjoy and
j appreciate the blessings of peace.— That they
\ made rapid advances m agriculture; many of
[ their lands being in a good state of cultivation,
and their harvests waving in great luxuriance.
That Mr. Granger replied to them in a very
conciliating manner, whose address was well
received; when they separated with marks of
! the utmost cordiality and good understanding.”
— Went-York paper.
PORT OF SAVANN HI.
Arrived, Ship M'irs. Henry, New York, 9
days—Ogden’s 8c Baker,
Schoonci Eliza Tice, Tice, Philadelphia, 18
days—Jacob Idler 8c Cos.
Grand Exhibition.
The public arc respectfully informed, that
MR. RAX.XIE
will exhibit TO-MORROW EVENING, at
the Exchange,
WHEN he WILL OIVE
A Grand Display of Various Per
formances,
\v Inch net et has failed in giving general satis
faction throughout Europe, and the different
cities of ‘he United States,
He practises that SINGULAR FACULTY,
\ entriloquism;
‘1 o which will be added, his surprising
Philosophical Deceptions and Thau*
muturgic Experiments,
Newly invented and performed only by himself-
BY DESIRE,
He will exercise his much-admired
Art oi Balancing.
o
1C?’ 1 Jhe room is in the most ample ufr
for the rcc ption of the public. TICK.E. ‘5 to
be had at the place of performance,
November 5—123
Bethesda.
|C7* The 1 HUSTF.ES arc notified to at
tend lit the Plantation, on Saturday next, ut
ten o’clock, being their Autumnal Meeting.
November s.—c
~~~ nO’ nre7”
The Copartnerfhip of the fub'eribers, 11 a l ', fucli ng
bulir.efs under tlit fi m of
BELCHER PHELPS,
Expired j?n the ti ll of September rift.
William Belcher,
C harles P. Phelps.
Boston, October 10, 1807. -
YVILLLW BELCHER,
I i rrns h>s fi lends, th the continues to tranfaflt
BU.-INIi S ON COMMISSION, and tenders ms
lervces in that line
Boston, October 10, 1807—123—m0
FOR ‘
she staunch, last-sailing
Ship M ARS,
Chari es Henry, Mailer.
Immediate difpatdi will he given, having ha sos her
cargo ready lo go on board For the remainder, or
pafiage, (having elegant accommodations) apply to
Oydcn’u fit linker.
November 5—123
For PHI LAI ET PH IA,
t T£Tj>\ The fine faft.-f.Ai ling Schooner
Kiiz ” Tice
’’ w *’ Captain Tict—l las excellent accom
modations lor paffengeis, and will iai] withal conve
nient dispatch For Freight or Pafiage, apply to the
captain on board, at the CoffeeaHoule Wharf, or to
Jacob Idler &. Cos.
Who have received per said vessel, for sale,
I,OAF SUGAR, in hrglheads and barrels
NORTHERN GI , and SWEDES IRON
ALSO, ON HAND,
30 hoglheads New-England RUM
25 pipes tea 1 Cogmac BRANDY
WHITf. PLAINS
BLUE STROUDS, and
A few bales coarle GERMAN LINENS.
Novembe s—lzj y
SHERIFF’S S A L E ‘
On the first I ULSDAY in December next,
W ljc fo.d at the coil ‘- t mle tn llru fwick Glynn
county, between the hours of ten and three,
A Lot in said town, No. 45.
Lev ed on a* the property f Hcijatmn Hart, by
SoTirvn Vlnody, constable a dr turned to me to fa*
tisfy sundry executions Con i- or.s of sale, c fli.
W illiam Payne, s. c. c.
Glynn county, 061. 22
FORMER SHERIFF’S SALE* ’
~’ 1 f
On the first TUESDAY in December next,
Will be lo.a ut the Ccurt llmf: in bavannuh, be
tween she li urs of ten and three,
One undivided ha f j> - rt of VV * AUK I;OT, Ni.
Ulv• undmjr well on VVaveeVs, north mi he river*
e it uy C-i£ Il .MrChel, filth oppofi t Frank in
new lots } containing’ • \ e li \u dred feet rrv re or It f*
—to be 1 i bv vntu<* <f m* rx- cu'ion, adminiflratoy
and adminillratr-x of Jolm Herb vi* T U- F. Chari
ton a” and Henry Putnam.
All'*, LOT No. 37, Columbia Ward, with the
improvements thereon—fold hy virtue of an execu
tion, Gaiterer and Ward vs. Henry Putnam
T. Robertson, e. s. c. c.
Oftaber 31 —l2l
CITF* One John Bnnsby, pilot, lias
advertised me as a delerter. N'vz I beg leave to in
form this man, that tie may find me in every direction
of this city. I neither conceal niyfelf, nor does any
person conceal or harbor me. I left Bransby in confe
quen.-e of his bruts I treatment toward* me, for which
he has been arretted, and bound over to appear at the
next Superior Court, to a LiU of inditflment.
John Denis.
Offober 27 m* 191
LETTER BAGS,
AT IHt E a CHANGE COFFEE-HOUSE.
Tor .VI w- York —i he ship Dartmouth, to sail
on Sunday next.
Tor Boston —The schooner Three Friends,
to sail lit all this week.