Newspaper Page Text
present with his witnesses, he had a
light to shew cause immediately.
In the end, it was consented, that
the motion should be at once for an at
tachment, instead of a rule to shew
cause ; and that it should be postponed
till Monday, unless Gen. Wilkinson’s
examination by the grand jury shov.’d
be sooner finished. The time - r the
grand jury on Friday and Saturday was
entirely occupied in examining that
gentleman.
Monday, June 22.
Mr. Randolph desired James Knox
to be called, and said he was ready to
proceed in his motion.
& Mr. M'Rae wished the motion to be
farther postponed, as Gen. Wilkinson
was still engaged in giving his testimo
ny to the grand jury.
This arrangement was acquiesced in
on both sides ; and, accordingly, the
witnesses are to be examined on Tues
day, to which day (11 o’clock) the court
adjourned.
Tuesday, June 23.
The motion for an attachment against
General Wilkinson, was made by Col.
Burl' and his counsel; the Gen. (whose
examination before the grand jury, we
understand, is finished) being present
in court.
James Knox was the only witness in
troduced in support of the motion; and
we are happy to inform the public that,
(such as his testimony was,) it contain
ed nothing which ought in the smallest
degree to l.ijuic ine reputation of Gen.
Wilkinson. Mr. Gaines the Command
ant at Fort Stoddert, and Mr. Graham,
Secretary of the Territory of Orleans,
were examined on the part of the Gen
eral, and very clearly and satisfactori
ly proved the propriety of his conduct,
in every thing relating to the charge of
oppressing the said Knox, and of bring
ing him by force to the city of Rich
mond, for the purpose of compelling
him to give evidence against Colonel
Burr.
Wednesday, June 24.
On this day the grand jury brought
in their report that both the indict
ments against Aaron Burr, for Trea
son against the United States, and for
a misdemeanor, were true bills.
They also found two indictments, for
treason and a misdemeanor, against
11 ERMAN BIANNEKJIASSETT, TRUE
bills ; and informed the court that
they had not finished the business be
fore them ; having enquiries to make a
gainst other persons.
When the court was opened, Mr.
Benjamin Latrobe, and Mr. Edward
Bond were sworn as witnesses for the
United States, and sent to the grand
jury.
Some additional questions were put
to Mr. Graham relative to the motion '
against Gen. Wilkinson, his answers to !
which proved nothing against him.—
Mr. Murray , a military officer under
the General, was called as a witness,
and deposed that, at the request of gov.
Claiborne, he was stationed by Gen.
Wilkinson with a guard, at a place on
the river, about one mile above Nevv-
Orleans, at the time when Burr and his
forces were expected to come down ;
that he was commanded to arrest all
suspected persons and take their pa
pers, but particularly charged not tq
break any seals.
The debate then commenced with a
speech of Mr. li. Randolph in support
ot the motion, lie was followed by
Mr. Martin on the same side: after
which Mr. Wirt said the evidence was
so clear in favor of Gen. Wilkinson,
that his counsel were willing to submit
the question on the arguments already
heard. The counsel for Col. Burr in
sisted on proceeding farther.
Mr. APRae then delivered a most
eloquent and forcible discourse; which,
we believe, convinced every human be
ing who heard it, that the motion was
altogether groundless, and Gen. Wil
kinson not only innocent but praise
worthy.
Mr. Bolts, in veply, was in the midst
of a strain of invective against the gen
eral—when the gland jury suddenly
came in, and made their report on the
four indictments!
The consternation visible in the fa
ces of Col. Burr and his friends, and
the awful impression produced on the
surrounding multitude were beyond
description.
Mr. Bolts added a few remarks : af
ter which Col. Burr said it was discre
tionary with the court to admit him to
bail, notwithstanding the finding of the
grand jury ; and declared he would
produce a witness to prove that the indiet
ment against him for Treason was ob
tained by Perjury ! /
A long and desultory debate ensued,
about the power of the court to bail
him in this stage of the prosecution.—
The Chief Justice at length declared
court had the power to admit
TKuj^Vbail; but that power ought to
Tcised with sound discretion ac
isJK~ g to the circumstances , and end
dcnce in ti*.« and the usages of law;
that the court could r.ot impeach the
verdict of the grand jury without going
into all the evidence; and that he knew
of no example of a person accused of
treason, being admitted to bail after
the indictment had been found against
him, upon the ground of impeaching or
controverting the evidence upon which
it was founded. He called on the
counsel of Col. Burr to produce any
such case ; observing that the motion
to bail him might be renewed; and in
the mean time committed him to the
custody of the Marshal.
Thursday, June 25.
The business of this day commenced
with issuing a writ of habeas corpus to
bring up the body of Aaron Burr; Mr.
Bolts having informed the court that
he was in custody, not only on the
charges of treason and misdemeanor,
but by state process. We understand,
the sheriff of Henrico county has serv
ed about eighteen writs on Colonel
Burr, for debts by protested bills, a
mounting to more than thirty thousand
dollars.
Col. M'-Kce , formerly an agent of
government with the Chactaw Indians,
urwJ Maj. Gen. Andrew Jackson , of the
sftate of Tennessee, were sworn as wit
ness on behalf of the United States and
sent to the grand jury.
Mr. Hay then delivered an able
speech, in opposition to the motion for
an attachment against general Wilkin
son ; in the midst of which, the grand
jury came into court; and Mr. John j
Randolph their foreman said they had i
been informed by one of the witnesses j
before them, that Aaron Burr had in !
his possession a letter in cypher from ’
Gen. Wilkinson to him, the production
of which would be important to the ob
ject of their present enquiries; that the
grand jury were aware that Aaron Burr
could not be compelled to produce that
paper; but submitted the question to
the court, whether, with his consent, it
might not be received and made use of
by them.
The Chief Justice said that, with the
consent of Aaron Burt , the request of
the grand jury would certainly be com
plied with.
Col. Burr then rose, and observed
that the letter had been written to him
confidentially by Gen. Wilkinson ; that
his honor forbade his betraying, on any
consideration, a confidential letter: he
knew not whether, if reduced to the last
extremity , in what situation or circum
stances he could be placed, in which be
[ might be tempted to commit such a sa
| crfice of honor; but , according to his
present impressions , nothing could induce
him to consent to it l
The Chief Justice suggested a ques
tion whether a person indicted lor trea
son, but not convicted , might not be a
witness against other persons, without
being compelled to criminate himself.
Mr. Martin contended there was no
impropriety in it; that a person indict
ed was a competent witness, and the ju
ry were to judge of his credibility; that,
therefore, there could be no objection
to Col. Burr’s being sent as a witness
to the grand jury.
Mr. John Randolph observed the
grand jury had been misunderstood;
they did not want Aaron Burr as a
witness! they only wanted the paper
for which they had made application.
The grand jury retired :—shortly af
ter which Mr. informed the
court that Gen. Wilkinson had instruct
ed him to declare his cheerful assent
that the grand jury should be furnish
ed with the letter from himself to Col.
Burr, which they had requested; that
he absolved Col. Burr from any ties of
confidence under which he might sup
pose himself to be, and was willing and
desirous that the whole of the corres
pondence between them should be laid
before the world.
Col. Burr , then said, that, after this
notification, he would have no objection
to producing the letter , if it was in his
possession. l but that it was out of his
possession, and Gen. Wilkinson knew it.
Mr. APRae wished the court to in
form the grand jury that Gen. Wilkin
son had consented to the letter’s being
produced. On this proposal a short
conversation ensued ; in the course of
which Col. Burr declared thut, as he
did not like to trust himself with the
possession of the letter, but feared he
might be tempted to use it improperly,
he had deliberately put it out of his own
power , in the presence of a witness; and
that this circumstance was known to
Gen. Wilkinson !!
The Chief Justice communicated in
writing to the grand jury the consent,
which had been signified on the part of
Gen. Wilkinson, and the reasons as
signed by Col. Burr for not producing
the letter.
Mr. Hay, having finished his obser
vations on the subject of the proposed
attachment, was answered by Messrs.
Wickham and Martin. The speech
of the former was extremely ingenious
and witty ; and that of the latter very
witty and ingenious, but intermingled
with furious declamation against Gen.
Wilkinson and the government of the
United States. They both fully prov
ed that great lawyers can argue with
ability on any side of any question, and
can, with the greatest facility make, (at
least for the moment,) the worse appear
the better cause.
While Mr. Wickham was speaking,
the grand jury again ciUie in ; and in
formed the court that they had prepar
ed several Presentments, which were
accordingly read by the clerk. The
persons presented were Jonathan Day.
ton, formerly Senator in the Congress
of the United States from the state of
New-Jersey, John Smith at present Se
nator from the state of Ohio, Comfort
Tyler 8c Israel Smith, late of New-York.
and Davis Floyd, late of the territory of
Indiana; —“ for Treason against the
United States, in levying war against
the same, at Blannerhassett’s Island in
the county of Wood, on the 13th day of
last December.”
Mr. Hay gave notice, that, on the next day,
he should move the court for a venire, and
wished the d?y trial to be then fixed. He
observed it would be proper for the court to de
cide whether the venire-men should be sum
moned from the county of Wood, (where the
treason was charged to have been committed,)
or from the body of the district. The act of
Congress originally directed the jury to come
. front the country where the offence was coni
j mitted; but one of the amendments to the
j constitution of the U. S. appears to render it
: sufficient to Lave a jury front the district at
j large. If the court should determine on the
latter mode of proceeding, he wished them to
enter on the record the inconvenience of hav
ing the trial in Wood county.
1 he court then adjourned until Fridav morn
ing 9 o’clock.
Friday, June 26
The transactions of this day were very in
teresting, and shall be hereafter more fully de
tailed. At pressent, we can only briefly state
the most important circiftnstanc.es.
Five bills ofendictment for treason and five
for misdemeaners against the persons presen
ted yesterday, were laid before the grand jury,
and found by them to be true bills. The grand
jury were then discharged.
Ihe supposition that Col Burr was to be
daily brought before the court, by a writ of ha
beas corpus, was a mistake. The Federal Mar
shal, having had him in his custody, before the
state-process was served, was decided to have
a right to retain him : and in consequence of
a motion made by his counsel to day, he is to
be removed from the public jail : n this city, to
an apartment fitted up for his safe keeping at
the Swan Tavern
The Causes assigned for this motion were
the wretched accommodations of Col. Burr in
the jail, and the necesity of frequent communi
cations between him and bis counsel, in a case
of so much difficulty and importance, in which
there were so many documents, and such a mul
titude of witnesses.
Mr. Hay afterwards suggested a question to
the court, whether the Venire for the trial of
Aaron Burr should be summoned altogether
from the body of the district, or twelve, at
least, from W ood County. The court declar
ed the law of Congress, requiring the latter
mode of proceeding, to be still in force
Col. Burr consented to wave his privilege of
having a jury from the county of Wood ? but
the counsel for the United States would not
agree to depart from the course prescribed by
law.
The court therefore, ordered 48 veniremen
to be summoned ;of whom twelve at least are •
to be from Wood county; and on the motion of
Mr. Hay, directed the circumstance to be en
tered on the record, that it would be inconve
nient to have the trial in that county.
A long conversation took place, with res
pect to the day to be fixed for the trial —The
court, at one time, appointed the first Monday
in August next; but at length, adjourned
v/ithout any determination.
IMPORTANT!!
NORFOLK, June 24.
The Chesapeake Frigate, Captain Gordon,
under Commodore Janies Barron, got under
way on Monday morning, and proceeded to
sea, passing the Capes about 12 o’clock—At
9 o’clock the Leopard by signal from the Com
modore’s ship had got under way and stood
out to sea. About 3 o’clock the Chesapeake
and Leopard approached, when the customary
signal of firing a gun to leeward, the signal for
friends was made from both ships. Being a
bout 3 leagues from the land, the ships came
within hail, when the commander of the Leo
paid hailed, and hoped Commodore Barron
was well, and informed that he had dispatches
for the Commodore. The ships hove to and
a boat came on board the Chesapeake, with a
letter from Captain Humphries. In this letter
was a copy of one from Admiral Berktly at
Halifax, to all the British commanders on this
station, in which they were ordered to demand
from the commander of the Chesapeake four
British seamen named in the letter, and that
if tl "v v tie not Utlivcicu by fun meat p ,toi:.-e
torce. Captain Humphries stated in .".is letter
that as Commodore Barron would peiv. Le
that his orders were peremptory, he hoped
that he would not oblige him to execute them
by force. Commodore Barron returned an an
swer to the letter, in which he stated that the
orders of his government forbid him to permit
his vessel to be searched, or to deliver a man
from her. The boat from the Leopard had
no sooner returned on beard, than a gun was
tired a-head and a-stern of the Chesapeake,
and instantly followed by a broadside from the
Leopard, accompanied by swivels and small
arms. Six other broadsides Billowed, the two
ships then within pistcl shot. On board the
Chesapeake all was astonished, the ship was
unprepared for action, no man at his quarters,
and some of the officers at dinner. In this
situation Commodore Barron hailed the Leo
pard repeatedly without effect; he then order
ed the colors to be struck; as this was doing, a
gun from the Chesapeake was fired, upon
which the Leopard fired another broadside.—
The colors being now down, an officer was
dispatched to the Chesapeake, who cu com
ing on board expressed some regret on behalf
of his commander for what had happened. He
was received with great indignation by the
American officers, who tendered theirswords,
which he refused, saying that he wanted the
four men and nothing more, and demanded the
mustur roll, which was produced by the purser,
and then was exhibited the degrading specta
cle of neatly four hundred Americans muster
ed on the deck of an American Man of War,
by order of a British lieutenant and four of the
crew taken away. The lieutenant said he was
desired to make Commodore Barron an offer ol'
any services in the power of his commander.
It would be needless to say in what manner
such an offer was received, it was considered
as an aggravation of the outrage which had
been perpetrated. The British officer refusing
to consider the Chesapeake as a prize, depart
ed, informing Commodore Barron that he was
at liberty to proceed whither he pleased. The
Commodore returned to Hampton Roads, as
before stated. We are sorry to add to this
account that three of the crew were killed, and
sixteen wounded, some of them dangerously.
Commodore Barron was slightly wounded in
the leg, and one Midshipman. The ship is
greatly injured in her hull, masts and rigging,
and must be repaired before she can go to sea.
Such are the details of this affair, which we
believe are substantially correct, being mostly
furnished by a gentleman who was on board
the Chesapeake last evening.
In consequence of the outrage which we have
detailed in the preceding articles, a Town-
Meeting was convened this morning at the
Town Hall, which on account of the great
concourse assembled, was adjourned to the
large Church.
June 25.
At a Meeting of the Citizens cj the Bo
rough oj Norfolk and Town of Ports
mouth, held at the Town Hall on Wed
nesday, 24th June, 180 T.
General Thomas Mathews, was unani
mously called to the chair.
Samuel Moseley, appointed Secretary
to the Meeting.
The Meeting after due consideration came
to the following Resolutions :
WHEREAS the government of our coun
try has constantly manifested an ardent incli
nation for the preservation of peace, and to
secure that friendly disposition which might
reasonably be expected from the justice of
foreign rations, (if such a sentiment as that
was to be found among tbem) and whereas,
we as individuals, seriously deprecate the hor
rors of war, and view it as one of the greatest
evils which can befal our country; but when
we behold our Fellow-Citizens impressed, and
forced by a tyrannicle and arbitrary power to
fight against their own country, and basely and
insidiously murdered on our coasts, it becomes
necessary at this awful crisis, to be prepared
to meet the consequences which such conduct
and such inclinations give reasonable cause ta
expect, to discipline ourselves and to be in rea
diness to take up arms in defence of those sa
cred rights which our forefathers purchased
with their blood ; and until our government
shall have been informed of the late glaring vi
olation of our rights and cur sovereignty, in
the unwarrantable and unprovoked attack up
on the United States' frigate Chesapeake, Com
modore Banon, within a few miles of our
coast, by the British squadron, composed of
the Bellona, Commodore Douglas, the Triumph,
Captain Hardy, the Leopard, Captain Hum
phreys, and the Melampe.s, Camion Hawker,
acting under the orders o! Commodore Doug
las, and the inhuman murder of a number of
our fellow citizens in the attempt of the Leo
pard to carry those orders into effect:
Therefore,
Resolved Unanimously, That all communi
cation with the British ships of war now with
in our waters and onour coasts, and with their
agent or agents among us, be discontinued, and
that we will use our best exertions to prevent
all such communication, and that all persons
guilty of such communication shall be deemed
infamous.
Resolved unanimously. That we will view
with abhorrence any attempt at such commu
nication, and deem any person or persons en
emies to our country, who shall directly or in
directly hold such intercourse, or render aid or
assistance to the British ships of war by sup
plying them with provisions or necessaries of
any kind whatever, until the decision of our
government be known.
Resolved unanimously , In order the better ts
effect the above, purpose that a committee be
appointed to correspond with the inhabitants of
the neighboring counties, &. those of the waters
of Elizabeth river and the sea coast, notifying
the flagrant outrage that has been committed
and the measures passed by us, and recom
mending similar measures to their consideration
Resolved unanimously. That our Fellow-citi
zens, the Pilots of the Chesapeake Bay and
Hampton, whose patriotism we held in the
highest estimation, are requested by this meet
ing to discontinue entirely, their professional
services to alPßri ish ships of war.
Resolved unanimous/ Thn* we view this v.n-