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in a himselF'to Mr. Bollnaai)) accept
♦hit pardon?.' i *j .
Mr.\fiollman. No I Hill not, sir.
Mr. Hay then observed that Dr. Boll
man must be carried up to grand jury
1 with an intimation, that he had been
• pardoned.—
Mr. Martin. It has always been
' Dr. B’s intention to refuse this par
don : but he has not positively refused
it before, because he wished to have
this opportunity of publicly rejecting it.
Erick Bollman, William Duane, Pe
ter Taylor and ******** Allbright were
then sworn by the Clerk.
Mr. Martin did not suppose that Dr.
B’s pardon was a real or effectual one;
if he made any confessions before the
grand jury they might find an indict
ment, which would hold against him ;
nor could his be an effectual one, before
it was plead to an indictment in open
court.
Mr. Hay enquired whether Dr- B.
might not pass on to the grand jury.—
The Chief Justice asked, what would be
the difference between sending him
now and some time hence, when the
question about his pardon shall have
been settled.—Mr. Hay replied, that
he was anxious to introduce his evi
dence before the grand jury in a chro
nological order, and that if Dr. B’s was
suspended, it would make a chasm in
his arrangement: however it was of
very little consequence to him, whether
ne was sent now or some time hence.—
Chief Justice. What is the particular
point before the court? Mr. Martin.
Dr. B. is not pardoned, and no man is
bound to criminate himself.— Chief
Justice. What precedents have you ?
Mr. Martin. I am-prepared to show,
that a party even possessed of a par
don, is still indictable by the grand ju
ry, unless he has pleaded it in court.
Mr. Hay. Sir, may we send the other
witnesses to the jury ? Chief Justice.
Certainly. Mr. Bollman may in the
mean time be suspended.
Four other witnesses were then
sworn.
Mr. Hay. I now propose to Send
Dr. Bollman to the grand jury. 'At
this time the Marshall entered, and Mr.
Hay informed the court, that the grand
jury had sent for the article of the Con
stitution and the laws of Congress re
lating to treason and tlie misdemeanor.
Jacob Dunbar was sworn and sent to
the g.jury.
Some desultory conversation here
ensued between the bar and the court
respecting Dr. B. When Mr. Hay ad
dressed the opposite counsel. Are you
then willing to hear Dr. B. indicted ?
Take care in what an awful condition
you are placing this gentleman.
Mr. Martin. Dr. Bollman, sir, has
lived too long to be alarmed by such
menaces. He is a man of too much
honor to trust his reputation to the
course which you prescribe for him.—
The Chief Justice. There can be no
question but Dr. B. can go up to the
jury:—but the question is, whether*,he
is pardoned or not. If the Executive
should refuse to pardon him, he is cer
tainly not pardoned.— Mr. Martin. But
there can be no doubt, if he chooses to
decline his pardon, that he stands in the
same situation witlfeevcry other witness,
who cannot be forced to criminate
themselves.
Some desultory conversation here ensued;
when Mr. Hay observed that he should ex
tremely regret the loss of Dr. B’s testimony:
he believed it to be material: he trusted that
he should obtain it however reluctantly given:
the court would perceive that Dr. Bollman
now possessed so much zeal, as even to encoun
ter the risk of an indictment for treason
Whether he should appear before the Grand
Jury under the circumstance of a pardon be
ing annexed to his name, might hereafter be
come the object of a distinct arrangement. In
the mean time, he might go up without any
such notification.-—Cbunse/for Mr. B. acquies
c d Chief-Justice Whether he is really pardoned
or not, I cannot at present declare. 1 must take
time to deliberate.— Mr. Huy Categorically
then I ask you, Mr. Bollman, do you accept
your pardon.—Mr. Bollman. I have already
answered that question several times. I say
no : and I repeat that l would have refused it
before, but that I wished this opportunity of
publicly declaring it. Mr. Hay. If the Grand
Jury have any doubts about the questions that
they put to Dr. B. they can apply to the court
For instructions. I assert, sir, that Mr. 801 l
man is a pardoned man I wish the opposite
counsel to .prove that he is not. I therefore
move, sir, that he be sent up to the grand jury,
certified by you that he is pardoned.
M'\ Martin. As another reason, sir, why
Dr Bollman has refused this pardon, permit
me to say, that it would be dpnsidered as an
admission of guilt. Dr B. does not admit that
he has been guilty. He does not consider that
a pardon is necessary, for an innocent man.—
Dr. B. Sir, knows what he has to fear from
the persecution of an angry government; but
he will brave it all. The man whodid so much
to risque the marquis La Fayette from his im
prisonment ; and who has been known at so
many courts, hears too great a regard for his
reputation, to wish to have it sounded through
out Europe, that he was compelled to abandon
his honor through a fear of unjust persecution. I i
After some desultory conversation, Dr. 801 - i
man was sent up to the G. J. withot any par- I
titular-notification. The question ihetherhe
is pardoned ; and of course how fr he may
be called upon to disclose all he loows —are
reserved for future discussion anddcision.
Mr. Hay requested leave to infom the G. J.
that fatigue alone had prevented Get. Wilkin
son from attending them on that dv : but that
he should appear before them on IVonday.
At the close of the court, the C>ief Justice
observed, as the editor is informed.that he had
explained the sense in which the wards, which
had been remarked on by Mr M‘R?e, had been
employed ; but that he had no desiie that they
should remain in the written opinion. That
he did not perceive that they were calculated
to excite any feeling; hut as it was not his in
tention to convey the idea that a conviction
right or wrong was wished ; and as that idea
had been inferred and might be thereafter at
tached to them by those who might see the
opinion without hearing the explanatory words,
he had expunged them. Accordingly the
words, “ was wished. Bcc.” were expunged.
Some desultory conversation ensued ; when
the court adjourned ’till Monday 11 o’clock.
Monday, June 15.
Mr. Hay directed the Deputy Marshal to
request Gen. Wilkinson to come into court
In a few minutes, Gen. W. entered with a firm
and dignified carriage, and gracefully bowing
to the bench, and surrounding spectators, took
his stand behind Col B’s counsel How re
plete with feeling and interest was the scene
before us ! It was the first occasion on which
these two distinguished individuals had met,
since the explosion of these interesting trans
actions which have so strongly agitated our
country, and with which both of them have
been so deeply connected. Col. Burr's coun
tenance was marked by a haughty contempt:
The countenance of gen. Wilkinson, was calm,
dignified and commanding.
After Gen Wilkinson had taken the oath*
at the clerk’s table ; Mr. Hay enquired of the
Court whether he was at liberty to communi
cate to the Grand Jury through the marshal,
that their immediate examination of Gen. W.
might perhaps facilitate theirenquiries And
then Gen. W. attended the Marshal to the
Jury room.
Mr. Hay. The opposite counsel have ob
jected to the tenor of the oath, which had
been administered to the witnesses. Will the
Court instruct the Clerk on the subject.
Mr. Butts stated, he did not approve of the
form in which the oath was administered; that
this objection, however, did not come from col.
B that there was some variation between the
present and other forms; but that if the A.
tor the United States was satisfied with the
form, Col B’s counsel would acquiesce. Mr.
Hay. There are now four indictments before
the G. Jury ; two of them against A. Burr for
treason and for a misdemeanor; and two a
gainst Herman Blannerhasset for the same of
feuces; and it was this circumstance, which
dictated the general form of the oath.—The
Chief Justice presumed that thisform was not
less pbligatoty than if all the indictments had
beer, particularly enumerated.— Mr. Hay It is
the general form, sir, to give true answers to
such questions as the Grand Jury may ask.
Mr. Wickham stated, that as the indictments
were now {tending before the G. J. it was ne
cessary to recal to the memory of the court, a
circumstance which had been early suggested;
that a number of improper papers might be
exhibited before the G J The Attorney for
the U. S. had indeed pledged himself to send
up no papers, which had not previously passed
the inspection of the court; but it had since
occurred to Col B’s counsel, that the witnesses
,themselves might carry up such papers The
object of this promise would be entirely defeat
ed, if papers were thus to be carried, instead
of being sent up. It would be changing too
the very functions of a witness; whose busi
ness it was to give testimony, and not to car
ry papers. Finding that nothing could be
done without an application to the court, Mr.
W. submitted it to them, whether they ought
not to instruct the G J. to receive no papers,
but through the medium of the court.
Mr. Hay hoped, that the court would not
act upon a mere suspicion; that witnesses will
carry up improper papers; it was ex
tremely probable, that Gen. W. in delivering
his evidence before the G. J. may have occa
sion to resort to certain letters that he has re
ceived and to certain documents, which would
assist to give the history of these transactions.
He would not produce these as distinct and
substantive evidence : but as so many private
memoranda, which (such was the nature of
the human mind) he ought and must resort to,
to make his narrative more connected and
distinct. Mr. H. hoped, that after the splen
did example of patience which the G. Jury had
displayed, that they would not be interrupted
in the examination which was now commenc
ed ; but that he had no objections to the courts
sending up by word or by writing such instruc
tions to them en this subject, as the court might
think proper.
C J. No affidavits ought to be sent up;
and no papers containing distinct, substantive
testimony against the accused.— Mr. Hay. I
am willing to adhere substantially and literally
to my promise. I know not what papers gen.
Wilkinson may choose to employ. I was with
him yesterday, and saw a whole Volume of
papers ; but it was impossible for me to know
which of them he intended to produce. If
gentlemen wish to know the object of my vi
sit, I will tell them. Mr. Martin. It is un
necessary.—Mr. Hay. I have said in this
court, that it was not my business to defend
Gen. Wilkinson, but the result of mv conver
sation yesterday is, that it is my duty to de
fend him ; and my impression is, that I shall
defend an honest man and a patriot. All the
suspicions which I had imbibed from the mys
terious circumstances of the times, have com
pletely vanished; and I am now fully impress
ed with the conviction of his unsullied in
tegrity. I shall advance up to his defence
with the most perfect sincerity.— Mr. Martin.
I have no doubt that the gentleman has taken
a very good way to remove his unfavorable
impressions; if that can be called a good one,
which consists in hearing hut one side of a
cause. If he would but hear col. Burr’s story
in thf same way, perhaps his impressions a-
gair.st him might also be removed. Mr- hay.
1 have heard his story from his counsel, but
they have more strongly confirmed my opin
ions.
The Chief Justice here delivered the opin
ion of the court; which he reduced to writing
for the purpose of laying it before the G. Ju
ry. It went to instruct the G. J. not to inspect
any papers, but what were necessary to con
nect the narrative of the witness
Here a long, and desultory argument was
continued upon the form of instruction. Ihe
argument principally turned upon two points;
Ist: how far the papers of those persons, that
were sa>J to be connected with Mr B could
be introduced to fill up the narrative of the
witness : and 2d whether it was proper form
ally to declare in the written instruction to the
jury, whether papers were only to be introduc
ed to support the credit of the witness.—The
form was at length composed by the C J. and
transmitted to the G J by the marshal. Its
contents were not read to the court, and as it
is now in the possession of the G. J it is im
possible for us to present a correct transcript
of its contents.
Mr. Hay at length addressed the court
The Grand Jury have sent for Dr. Bollman;
and they will want him to decypher, if he can.
the cyphered letter which 1 hold in my hand.
(This was the letter, partly in German and
partly in cypher, and addressed to some per
son in New-Orleans, which we have already
mentioned.) Mr Willie, (the reptited secre
tary of Mr. Burr) will prove the identity of
the paper: and Dr.Bollman will interpretit.—
Call Mr. Willie into court.
After a considerable time, Mr Willie ap
peared in court, when Mr. Hay proceeded—
This is the paper, sir, which I shall disannex
from the affidavit accompanying it, and wish
it to be transmitted to the G. Jury.—lt is ad
dressed I understand, to Dr. Bollman under a
fictitious name : and it is all in the hand-writ
, ing of Mr. Willie. (It is proper to remark,
that in these observations Mr H. alluded to
the annexed paper, which was an affidavit of
Willie’s, and was said to relate to these cir
cumstances.)
Some desultory conversation ensued, when
Mr. Willie was called into court —Mr. Wil
liams (his counsel) hoped that no question
would be put, the answer to which might tend
tocriminate himself —~Mr. Ilay. Wait till the
question is put. — Mr Mcßae. Did you copy
this paper ?— Mr. Williams (after consulting
with his client:) he says that if any paper he
has written has any effect upon any other per
son, it will as much affect himself.— Mr. Wirt.
He has sworn in his deposition, that he did
not understand the cyphers of this letter. How
then can his merely copying of this letter im
plicate himself in acrime, when he should not
only copy it, but be privy to its contents \—Mr.
Mcßae. We will change our question Do
you understand the contents of that paper ?
Mr. Williams. He objects to answering
He says that though that question mav be an
innocent one; yet the counsel for the prosecu
tion might gradually go from one to another,
until he at last obtained matter enough to crim
inate him. Mr. Mcßae. My question is not,
do you understand this letter ? And then, what
are its contents ? If I pursued this course, I
might then propound a question, to wh’ch he
might object. But unless I take that course,
how can he be criminated ?— Mr. Butts. If a
man knows of treasonable matter and does
not disclose it, he is guilty of a misprison of
treason. Two circumstances therefore consti
tute this crime; a knowledge of the treason
and aconcealment of it. The knowledge again
comprehends two ideas; that he must have
seen and understood the treasonable matter.
To one of these points, Mr. W. is called upon
to depose. If this be established, who knows
but the other elements of the crime may be
gradually unfolded ? Mr. Mcßae. 1 did not
first ask if he copied, and then understood it.
But first if he understood it Had he answered
this question in the affirmative, I certainly
should not have pressed the other question up
on him, because that might have amounted to
a self crimination.— Mr. Hay. 1 will simplv
ask him whether he knows this letter to be
written by A. B. or by some one under his au
thority —Mr. Williams. He refuses to an
swer : It might tend to criminate him.
The court were of opinion that Mr. Wyley
should answer upon oath whether or not he
thought that answering the proposed question
might have any tendency to criminate himself.
Mr. Wyley replied it might criminate him in
the event of a certain case.
Here a long and desultory argument ensued,
which was terminated by a promise from Col.
B’s counsel, to produce their authorities before
the court to morrow, to shew that Wyley could
not be compelled to answer such questions as
might in his own opinion tend to criminate
himself.
Tuesday, June 16.
As soon as the court met, Mr. Hay produc
ed and read the following letter from the Pre
sident of the U. S.
Washington, June 12. 1807.
Sir,
Your letter of the 9th is this moment
received. Reserving the necessary right of the
President of the U. S. to decide, independent
of all other authority, what papers, coming to
him as President, the public interests permit to
be communicated, and to whom, I assure you
of my readiness, under that restriction, volun
tarily to furnish on all occasions, whatever the
purposes of justices may require. But the let
ter of Gen Wilkinson of Oct. 21, requested
for the defence of Col. Burr, with every other
paper relating to the charges against him,
which were in my possession when the attor
ney general went on to Richmond in March,
I then delivered to him ; and I have always
taken for granted he left the whole with you.
If he did, and the bundle retains the order in
which I had arranged it, you will readily find
the letter desired under the date of its receipt,
which was November 25; but lest the attorney
general should not have left those papers with
you I this day write to him to forward this one
by post An uncertainty whether he is at Phila
delphia, Wilmington or Newcastle may pro
duce delay in his receiving my letter, of which
it is proper you should be apprised. But as I
do not recollect the whole contents of that let-
ter, I must begjeive to devolve on you the ex.
ercise of that discretion, which it would he my
right and duty to exercise, by withholding the
communication of any parts of the letter, which
are not directly material for the purposes of ju<
tice. •
With this application, which is specific, a
prompt compliance is but when
the request goes to “ copies of the orders issu
ed in relation of Col. Burr, to the officers at Or
leans, Natchez and by the secretaries of the
War and navy departments/ it seems tc cover
a correspondence of many months with Such a
variety of officers civil and military all over the
U. S. as would amount to the laving open the
whole executive books. I have desired the
secretary at War to examine his official com
munications, and on a view of these we may
be able to judge what can and ought to be done
towards a compliance with the request. If the
defendant alledges that there was any partic
ular order which, as a cause, produced any par
ticular act on his part, then he must know what
this order was, can specify it, and a prompt
answer can be given. If the object had been
specified, we might then have had some guide
for our conjectures as to what part of the exe
cutive records might be useful to him. But,
with a perfect willingness to do what is right
we are without the indications which
ble us to do it. If the researches of the secre
tary at War should produce any thing proper
for communication and pertinent toany point
we can conceive in the defence before the
court, it shall be forwarded to you. I salute
yon with esteem and respect.
TH:JEFFERSON
George Hay, Esq.
Some conversation ensued about the specifi
cation of the papers wanted front the execu
tive. Mr. Hay stated, that in his communica
tion to the P. to which this letter was a reply he
had mentioned the papers in those terms, in
which he conceived it would be most likely that
they would be described by the opposite coun
sel. It seemed however, that the President
did not consider this description as sufficient,—
Col. B’s counsel then stated, they had sent an
express to Washington for these papers, with
a subpoena to the President; and that it would
appear on the return, whether they could ob
tain such papers as they wanted
The rest of the session of the court was oc
cupied by the question which was yesterday
suggested respecting Mr. Willie.—Mr. Mar
tin will close the debate this day.
Dissolution of Parliament.
HOUSE OF LORDS.
LONDON, April 27.
The Lord Chancellor, in his Majesty's
name, delivered the following speech :
“ My Lords and Gentlemen,
“ We have in command from his Majesty
to inform you that his Majesty has thought fit
to avail himself of the first moment which
would admit of the interruption of the sitting
of Parliament, without material inconvenience
to the public business, to close the present
session : And that his Majesty has therefore
been pleased to cause a Commission to he issu
ed under the great seal, for proroguing parlia
ment.-
“ We are further commanded to state to
you that his majesty is anxious to recur to the
sense of his people, while the events which
have recently taken place are yet fresh in their
recollection.
"His Majesty feels, that in resorting to
this measure, under the present circumstances,
he at once demonstrates in the most unequivo
cal manner, his own conscious persuasion of
the rectitude of those motives upon which he
has acted; and affords to his people the best
opportunity of testifying their determination
to support him in every exercise of the pre
rogatives of his crown, which is conformable
to the sacred obligations under which they are
held, and conducive to the welfare of his King
dom, and to the security of the constitution.
“ His Majesty directs us to express his en
tire conviction, that after so long a reign,
marked by a series of indulgencies to his Ro
man Gatholick subjects, they, in common
with every other class of his people, must feel
assured of his attachment to the principles of
a just and enlightened toleration; and of hi*
anxious desire to protect equally, and promote
impartially, the happiness of all descriptions
of his subjects.”
“ Gentlemen of the House of Commons,
“ His Majesty has commanded us to thank
you, in his Majesty’s name, for the supplies
which you have furhished for the public ser
vice.
“ He has seen with great satisfaction, that
you have been able to find the means of de
fraying in the present year, those large but ne
cessary expences, for which you have provid
ed without imposing upon his people the im
mediate burden of additional taxes.
*• His Majesty has observed with no less sa
tisfaction the inquires which you have :nstitut
ed into subjects connected with public econo
my. And. he trusts, that the early attention
of the new Parliament, which he will forthwith
direct to be called, will be applied to the pro
secution of these important objects.”
“ My Lords and Gentlemen,
“ His Majesty has directed us most earnest
ly to recommend to you, that you should cul
tivate, by all means in your power, a spirit of
union, harmony, and good will amongst all
classes and descriptions of his people. -
“ His Majesty trusts that the divisions na
turally and unavoidably excited by the late un r
fortunate and uncalled for agitation of'••••-
tion so interesting flings and opinions’
ol his people, will speedily pass away; andthas
the prevailing sense and determination of all
his subjects to exert their united efforts in the
cause of their country will enable his Majesty
to conduct to an honourable and secure termi
t^le § real contest in which he is engag-
The Lord Chancellor then in his Majesty's
name, and by virtue of the said Commission,
declared the Parliament to be prorogued to
Wednesday, the 13th day of May next.
Lords Commissioners withdrew from
the House, and the commons retired from the
Bar