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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