Below is the OCR text representation for this newspapers page.

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-