Newspaper Page Text
cfo Beaumarchais, the undec
fit'l l thinks it ufclds to recall
t view the nature and tl<c mi
ponance of the Id vices, wind
their author rendered to th(
caule of independence. It
would, be to mm the mind
back towards a period equail)
glorious for the two nations,
but that of France, always ge
nerous, knows how to forget,
becaule the United States re
member it.
After the miniflerial declara
tion refpefcling the employment
of the million, a declaration
which doubtlcfs (and as a con
fecjuence erf thole mutual lerr
timents of reipect and confi
dence, which governments
ought to have foi communica
tions of this nature) would have
! cemfofficient for the treasury,
if his powers had not been so
limited , it is the duty of the
riderdigued, agreeably to the
rural and repeated inftmfcti”
■n. which he has received in
;j:i resped, to addids hiwifeif
ri.r Ilv and in the name of his
government to that of the U.
States, and to itqueft from tire ,
.iecretary of slate, that at length :
jjffice 111 on Id be done to the !
claim ol the heirs of Mr. de
Beaumarchais; a claim which 1
tire French government would
not have honored with it* Jup
port, if it were not founded up
on the immutable principles of
rcafon and “of.right.
The underfignt-d seizes with !
eageniels this occasion of offer’ j
ing to the secretary of Hate the :
homage of his high cuniiuera- 1
tier
(Signed) TUBRE-tU.
• Wajhmgion , 14 th Jan. 1&07.
1 aitlilnilv ti... slat, ii.
J A< Oo W AGNiK,
Chief Clerk, dtp annum ifJtale.
From the National Intelligencer.
The following is the opinion
clelivfo-M hv fudge Fitzhuph,
on -h comn i'n cut of Messrs.
Bolin n and Swartwout, on a
charge of M r <■ an.
My ‘ ■ ’ disposition has
prove hour prefaring
an’ r ivi: \ , in support of the
opiub which t am called on to
giv* • Inn it has been tit-.’c
proper by member* of the court
to assign our reasons for the
course which has been pursued
I shall express those sentiments
which at present occur to me
i bis l>a* been a goed
as i: it were now before a jury
who were called on to convict, or
acquit the prisoners, without re
collecting that we ate at that :
. stage where, in the language of ‘
the constitution, probable cause j
supported by rath 01 affidavit, is ;
sufficient. J his terr, ark is neces- I
saty to shew that many of the j
conclusions of couustl are incor ■
icct. It: this incipient state, the
evi etice is alwaj s expnue, and
*>uch ns would be inadmissible w
the linai trial. A warrant got s
forth to apprehend St afterwards
to ctnrir.it, on the suggest ton of
r -I 'iv%u ;:j, upported by o*l,
; crime has been consum
-0U; Ibe IT*.^--ivit is made in tor
jbsi net 1 1 he supposed < {fence 1
a , cl t more vritcenty i, r <q u j,.
: • It ! -)>■"! •!■;■„ cause, by it iH'V i
or the .Uuitt and Stat: s, vol, 1. j.. j
100, ther e must be the coufelsion j
iq open court, on thu testimony I
ct two winies'es to the same !
overt act, to tcmvici one of trees 1
son. Wherein, .probable cause, {
supportcu by oath or atiii matiou, ■
v>irl authorize issuioga warrant. 1
In no cate, whether criminal o: !
civil, is an . Indava evidence Uc j
the trial ; b. cause taken iu tin
absence cd the party against ’
viuitn tt is iiuetioed u> opt .me
and yet it has an.ay s bee
slutted as tt'irtcieiu it. jus
Su 1 l i (till lii. rc •
and Itcsc 1 liqul’ res ob.\ tot
cut rat. i aide piooablc
Iw uvi< 1 w iii.ik U CUw
been committed against the If
ni ted States and ibis supported
by oarh, etc. ? ‘id. Are the prison
ers implicated in tire treason ?
And 3d, How, whether as priuci
| pals, or guilty of misprison ol
I treason ?
That there is probable cause
! to believe that treason has been
j comm'tted by colonel Burr, the
j public rumor and universal alarm
I which seems to have convulsed
1 our country bom the extremity
j to the centre—the President’*
j communications to congress and
!to the coutt, afford at least
J ground of suspicion, and this is
j supported by the positive oaths
: of General Eaton, General Wil
i kin-tin, Mr. Donaldson. Mr.
j Mead, and i\Jr. Wilson, ail going
i to shew the oiigin, existence and
j progress of Burr’s treasonable
! projects and acts. But here the
| counsel lor the prisoners have
! insisted that none of this mass
! of evidence criminates Burr and
j have contended that the Presi
j dent’s communications ore in
-1 admissible. It is not generally
i by detached pans ol evidence,
| but by a well connected chain
{ ot circumstances that we sr ’■ <
1 at proof ; nor can a- ;
| made out by the n , v ; s ■„
| inary fact. In ath jis of m
: der it would not be ■ to
shew that a blow 'i given trout
wind; death ensued ; but it is
necessary to prove and disclose a
particular staie of mind, ‘t here
must be deliberate resentment,
or ill will : there must be malice
prepense. Bo in treason (the case
now under con-ideratimi) no de
gree of violence, however a
notion*, no enlisting or march
ing 11, c n ;no injury, if limited
in us object to personal rivalship
or even extensive enough in
point of local ty to contemplate
and threaten the opposition and
destruction and the laws or gov
ernment cf any one of the Unit
ed States, will amount to treason
against the United States. ’1 is
the intention alone which fixes
the grade of the offence, i his
intention is only to be collected
from circumstances—& though
tile communications of the Pre
sident do not of themselves fur
nish lub evidence of Bun’s trea
son against the United States,
j yet they must be considered en
! titled to m. ;e weight in leading
j 10 the conclusion that there 1
■ probable cause ; but v> so
damn to this, it is consul
that .he most solemn oblig ate
is imposed by the constitutit r. 1
the President to make cornu,
nications ol ttiis nature to con.
giess, and that he has also
further discharge ot fits consitt. •
ironed duiu a, ordered cut
militia, vvnth on ordinary
trivial occasions he is not justi
fiable in doing, u person must he
strangely mcieuulous who will
j not admit that there is probable
• cause.ol suspicion that a dam
I gerous insurrection or treason
| exists tn our country'. A report
1 thus sanctioned by uuiy and oath
j it made to tins court by’ one ot us
officers, w ould be respected, and
wh/ snnli not a communication
from the first executive officer of
tire union be Credited, whin he
announces to tne nation nfonnu
uon 111 the hue of his duty i out
this goner at g-ouml of alarm is
1 cndut.wi u;.rc specific by the af
fidavits Winch nave been exhibit
ed iu U), ii the persons who
have bem sworn on mis occasion
arc to be Oclie ved, ( 11J no one
Hus as y e. q.resaoucd iueir cr.cui
hnuy) tn; y prove a scheme iaiel ;
hy liu, r ;o usurp the government
ei. the Uiiutd Mates, to sever |
-ie waste-: a states tn m the uni- |
em ; to estuUisn an empire west
or iiw eiliegruiny mountains oi i
wiiicn tie, Burr was to Uc the so- 1
veicign, iii.. i\ew O.fcaus Uic |
cmpoiuun, ..ad to i.ivadc and re- i
>■ • !..iio.ii/e iMcxicd. 1 hat iu tne j
piOsecuUQU ot ttrosc projects iic ;
.note .1 Idler to :>en VVdkms 11 j
-mm.ruder m ihiei of tne i
‘.■ army , with the avow- |
1 ’ id design ot ..iicuat
-1 ut Ola du.y, and tnvit
‘•‘h .'k in tne under- j
iioiuiag out to him I
. .he met flattering and wngmne
.ssurances and prospects ol suc
cess. Hor. id as this attempt was
vet if the informal ion had 1-ach
ed, no further, i r.h.mid have no
hesitation in saving that it wmi.o
have been nothing than a
conspiracy to commit treason, or
some other offence. But when
Burr assures Wilkinson that he
had obtained funds anti actually
commenced the enter prize ; that
detachments from various poinis
and under different pretences
would rendezvous on the Ohio,
the i3t of November; that his
plan was to move down rapidly
from the Falls the 15th ot No
vember with the Ist 500 or 1000
men in light boats now construct
ing for that purpose: When in #
addition to this, Wilson and
Mead swear that when they left
New-Orleans, the one the 15th,
! the other the 19th December,the
j strongest apprehension and be
| lief universally prevailed among
! the inhabitants that Burr and his
! confederates had prepared an
I armed force- and were rnarchin’
j to attack .mo plunder
: id ir-at thev knew tin WUk'a
-1 t wis det-bl ‘dly ol .uuk .
from ii,'* m -st isfacio.. infer
.lo:l t Barr was advancing
and r ider that belief, he was put
g the place in a posture ot de
j fence. When this coincident of
i circumstances and this strengih
1 ot testimony appear, there can
I be little doubc of the existence
j and the extent ot Bun’s views,
’ and of his having embodied and
! enlisted men with views hostile
j to the government of his country
j and that he has done acts which
I amount to levying war on the .U-
I nited.States.
j Burr’3 treason then being es
-1 tablished, we are to enquire
j whether the prisoners were his
; coniederatcs. They are repre
j seated, under oath, to iiavc been
j l b c bearers of the duplicates of
Burr’s letters in cipher to Wil
kinson, and to possess Burt’s
confidence ; they use arguments
in addition to those in the letter
to invite Wilkinson to accede to
their views; admit that they
have corresponded with Burr on
the subject since the delivery ot
the letter ; That Swartwout in
formed Wilkinson that Burr,
with a powerful association, ex
tended from Ne.v-York to New. j
G 1 ins, was levy ing an armed
of rOOO rnpn from Nfew- ;
ad the western states and
. tries, with a view to carry
exp: dition against the Mcxi- |
‘ rovinces, and that 500 men
) colonel Swartwout andma
> for were to descend the
!e ghany, for whose accomoda
tion ight boats had been built
nd vere ready —said tnat New-
Orleans woulu oc revolutionized
when the people were ready to
join them and that there would be
some seizing.
Here then is evidence of a
connection with colonel Burr of
a treasonable nature. What is it ?
I be acioi Congress defines mis
piison of treason to be a neglect
to disclose the knowledge of a
treason. Bui the prisoners have
not only known of the treason ;
Dot carried a treasonable letter,
knowing its contents ; endeavor
ed to further iiur r ’ s v ', eu . s and
wishes, and to seduce Wilkinson
from nis duty. The offence ex
ceeds misprison of treason, and
ur there is uo intermediate class
of offences of a treasonable iu.
cure between misprison and trea
syn, it must be ti eason.
ft has been observed bv the
counsel lor the prisoners, that nn
judge could commit on an alii.
davit made before auv other ;
judge. This distinction is cer. i
luiniy new, and i believe unpre
cedented. inail general warrants i
for arresting a supposed offender j
the diyecliou to the officer is to j
bring the party before the pcr b ou j
issuing the warrant, or some j
other justice of the peace, &c.
which would be at least nugatory’
if no person could inspect or re
gard -he affidavit except the
person before whom it was made,
ihi-ieturei conclude that Wii
kitnca s t.fh.iavtts made before
I
justices of the pence “f Ne-v.
Orleans, whose comwissiotis ..;
pear to be proper I e authenticat
ed bv t'ie secretary of ut.ue }
evidence at this sit 5’ <■ ur ut
quiiy'.
I am therefore 01 upii.iou, that
the prisoners s-lioi Id be commit
ted lor it eason against ihe IJrft
ed Slates, in levying war against
them.
’
From the Federal Gazette.
Mr. Alexander’s Appeal.
pri
minis, servitute oppres
sani civitatem tenerem. Liberia,
tis tignum posuerunt inagis al lu
dibrimn impudentiae, quam ad
simuAationem religioniN.’’—Cice
ro, orat. pro dernosua ad Bontifices
—action b I.
]T is with a regret, which l am
unabic to express, that I find my
self constrained to meet the public
eye, in the following narrative,
winch I submit to t 1 ■ serious at
tention of ’!.■ fr ii. and ruluc-
I Irani. ■ krio ie.; • ihe superior
tdvaiita wh 1 f.., ; censer de
n j
j r:*”- •. i.'.u rana a. urouage,
• i have nouriDg bat truth tt
1 h .&. io support.
Some few days alter Gen. Wil
kinson had denounced Aaron Burr
as a traitor, at the government
house N. Orleans, and when he
hi instil f had become art object of
ridicule and distrust, l war inform
ed that Dr. Boliman was then un
der arrest at the instance of the
general, and without any other
than his own arbitraiy authority—
Not being sufficiently intimate
with the Doctor to feel any’ thing
like friendship lor fotn, l yet felt
that as a man, and particularly as
a stranger in tne country, he had
claims upon my professional exer
tions to ai rest, if I could, the
strong arm of military power
which had raised apparently to
crush htm, and being attire same
time particularly requested by the
lady with whom he lived, to do
what I could m his behalf, I imme
diately presented an affidavit ®f
the fact to the senior judge of the
superior court, and requested him
to allow a writ ot habeas corpus ;
this front a tear of disobliging so
grest a man as the genera:, or be
ing actuated by some other pru
dential motives, Judge Bp'igg re
fused to do, unless liv; had the ap
j probation ot his brother judge, &
j expressed a wish that I would de
-1 U r it until (he next day, when tire
court would be in session——l told
him that something ought to bs
done immediately ;that m the morn,
ing it might possibly be too late ;
and at last prevailed upon him to
accompany nre to the lodgings of
Judge Matthews. Matthews”was
not within—f wailed for him a
considerable time whilst his learn
ed brother of the court was inef
fectually exploring ihe pages of
Bacon’s Abridgement, in order to
comprehend the mysterious nature
of a writ of habeas corpus and at
the same time making shrewd re
marks upon the inapplicability of
British statutes and English doc-
I trines to the writ (which, ns lie
wisely observed, was not tire sta
tute) of habeas corpus in the Unit
ed States, or their dependencies—•
I was confounded—lndignation,
mingled with contempt and aston
ishment possessed oie entirely. I
went home, and delayed the mut-
I ter until tire next morning.
M he next day, when the judges
had ret urned ihe hearing of an “old
cause, l entered the court-room,
and taking advantage of a short in
terval ot suspense, rose and told
the judges, “That 1 must beg
leave to interrupt their present bu
linels, cl S 1 had a motion, of
; gieat urgency to make ; one of
j more moment than had ever
j been jjrefcntcd to their confi
: delation before: That it was
no less than to afieu the (acred
light of the iubjccl to the writ
of Habeas Corpu* : and that it
was giounded upon the affida
vits, which I then read to them
-—I alio quoted the genetal
doctrine iiom Blacklione,
{hewing that the common law
wilt, is entitled to all the advan
-1 tage-s of the prufilions of the
‘ s:, M
r . “‘ 1 u /■§!
i * itor ■
y ‘'til unt^H
1 *i u J ’
,i,c, h i!; b bo., ‘*m
• anny, i finally’ ’■
{]ro “g hope ‘hat’s he(CH
ft fled fu Hicicnt
giant my moii
Mr. 1 .ivinglfon, ..B
quell, i'econr, ,j tl b| ' ■
were piopiieticaiiv ’
nrtlerable attempt fl
would be made to j m fl
himfeif and n.c in f, ;n ‘;fl
(ufpicion for what v; c j u fl
‘hat day, but he ih*„ kc fl
that he had a heart and afl
to despise it.” ■
Another affidavit , ; ,fl
added, by way of iiorAifl
and even then, will j>ifl
titled ?—I he court a p "fl
James Brown. U oitcd fl
attorney lor the (),u n fl
tritt, for f;ts oj iniur. ; ar.dl
mg from him, that th c J
too clear to admit of a fl
they at fait vt nui and to I
the writ, altering ffie fl
therctmn from iiilhnt* r fl
ven o’clock the ncxi davfl
was then dtliveud toihfl
riff who was UiicctcJ tofl
I
Eleven, twelve, anfl
o’clock clap led the m,! I
and no return was msdefl
writ, 1 then ad iidl'd ,isl
lowing letter to the getreriifl
Sir, I
I take she liberty ofinffl
ing you, that vrnlefs a mM
the writ of habeas coipufl
lowed by the court, and difl
ed to you, be made wurfl
reasonable time after t'el
ceipt of this letter, 1 fhallfl
lider it as ray indilpenhbkl
tyro move the couit whilfl
session, for a wnt of alii
ment agaiifft you; I gtvefl
iclf this t:oub!e, to ti e ml
you may be peri cily afl
ot the measure, and atn.fil
Your obedient feivanll
JAMES ALfX:\NDIJ
To gen. faints Ii Him tl
After dinner I returfl
court, and Mr. Livtnl
handed me a letter sddffl
by the General to th: jd|
It Bated in l'ubftancc, titrl
had no intention of rtti
the civil authority, butthat|
finds of the highest 1
quence to their 41 cesl
country,” would prevent
from making any return id
writ before the next rao" 1
Mr. Lewis Kerr having
tained a writ cf habeas CM
from Judge Workman) :n
half of Mr. Peter \ . 0?
who had also been put ontlrr
rest, by a fundar illcgal oide
the general, and who “ as
• ained on board tl.e boirb h
iEtna, and being hurt-elf i
posed, ieqtiested nie by noU
attend to that business for k
1 did so accordingly ,
Jones, who commanded cab
the JE.IM., and coming
Shaw, Doth appealing c “
ence to the writ, and hat
declared ihat they had no char
1 to exhibit, the Judge o,ti(
! Mr. Ogden to be set atMj
j This gentleman accompanied
i home, and spent the night*
! his friend Mr. Williamson. f
j on leaving my house, I g** e
! a brace of Pistols, and tela
j that if an attempt should be®
to arrest him a second “
without the sanction oi
authority, and the lariC ’ v
be such as he could le-ns
out shedding blood ur.nr f ;
ly, he ought to dctcntl
From dir. Ogden 1 ‘‘
that I\ir. Sivartwout ,J ’ “
prisoner on board die 1 -
took his affidavit to i'* “
and applying tojttdg- ■’