Newspaper Page Text
0 for a similar purpose; and
l,j, i s particularly furpriling
( ), t n we confider (hat the
oafts inserted in newspaper*
re very seldom read or re
arded. [Here Judge Mar-
Uninterrupted Mr. Wick
iam by enquiring whether
’o'. Burr was not one of the
ompany when the load was
iven.J
Wickham. This is a
ircumllance I had not advert
diy; but it was occasioned
ymynot having read with
iteniion the account of the
tliival at which the toad was
rank. By making these
bfervations I do not mean
pimpeach the credibility of
Jen. Eaton as a witness; but
ithout wishing to throw any
mutation on him I may be
ermitted to fay, that on this
iccafion he (hews an irregu
ir imagination ; and perhaps,
n this fubjetij his memory
lay be equally defeftive.
“ Tne counsel for the profe
ation contend that ■ General
atiJti is to be bslievei on
-count of the refpecl ability of
it charafter. However this
uy be, in a case like the
relent, such teftim >ny ts not
nidence. The comthution
ccla’es that you mull prove
oovert aft oftreafon by two
inefses: Although the evi
ence of General Eaton is
range, passing (Irange, yet it
nly proves a private conver’
ition, and nothing more,
lemlemen on the other fide
iverc the order of things,
lie intentions of Col. Burr,
ley fay, are fir ft to be pioved,
>r which treason is to be
iferred. On the contrary,
vert afts should be fir It
(tab'.ifhed,&then an intention
roved which would confiitute
ea/bn. Gen. Eaton’s tefhtno
i has no weight, becauie it
les not eftablifhanovert aft.”
Mr. Randolph followed Mr.
\ 7 . He prefaced his argu
lent in the following words:
“ Mr. Randolph. I could
tith great propriety have dif
enfed with the trouble of now
libelling you ; lor, after the
ble argument just delivered in
Ivor of the prisoner, I am sure
I will be in my power to shed
try few rays of light on the 1
bjett. Yet I wifi not fhnnk j
om the talk I have under’ j
tan ; since, if I know any
Hug of my lelf, I know one
dig; that l never will desert
fallen naan. In pursuing the
Mates of this principle, lo fa
r;d, and so flrongly imprel’
don my heart, I (hall con-
Eive it my duty to notice the
KErfonal attacks which have
te n unneceffariiy, wantonly,
ln d, let me fay, cruelly made
II the unfortunate gentleman
mole defence I advocate. In
obfervations,
kowever, I will not incorpo*’
ti!e farther than this; that
bbt is his fate at preheat, may,
111 bie course of the viciflitudes
“‘fortune, become at a future
“ J ythe fate of l'ome other per
■onsofwhom Mr. Hay has a
l°°d opinion.
I rejoice that this examinati
-811 conduced in public ; be-
Cai *(e it affords an opportuni
• oi ” Correfiling die prejudi* -
i which have, f'o long, and
“'ih Tuch induit'ious n)aligni r
)> been propagated fiom one
America to the other, I
“J u 'ce that an opportunity is
J 0 “’ presented, of turning the
• Urren t of popular feeling into
“ Proper channel. I little ex
r c bu, however, that, on this
occasion, t.;ie art of deefama* -
tiori would have been retorted
to, for the purpose of p’odu
cing an impreflion againfl the
prisoner ; that the founds of
treason, and of the horrors of
war with France and Spain,
would have been rung in our
ears. My refpeft for you,
fir, will prevent me following
the example which the profccu
tor for the United States set
before me ; and I will not. tra**
| vel out of the cause as he has
done.
“ The true objeft of this
difeuffion, is whether proof
has been produced that the
prisoner is guilty of treason;
or, if that ground cannot be
luffained, whether there is evi
dence of his attemping to in
vade the territory of any fo
reign power in amity with the
United States.
“ Wuh refpeft to the firft
and mofl important point ; I
have long been conversant
with criminal jurisprudence,
but I never heard before of a
conjecture of an overt aft of
treason attempted to beeltab
lifhed from a supposed inten
‘ion. To what does fucli a
doftrine amount? If you
prove that a man intended
to commit a crime, he mu ft of
course nave been its perpetra
tor ! Is this agreeable to law ?
Is it confident with reason,
ju ft ice or charity ? We have
the authority of an antiquated
hook, but for which I con fiefs
I fed a great refpeft, the holy
feripture, that there may be an
evil purpose in the heart for a
moment,& may leave it again,
and (he man may be without
lin. If I may add the language
of a poetic to that of divine in
spiration, I will fay in the
word* of the immortal Mil
ton-
“ Evil in the mind of God or
Man,
“ May come and go, so unap
proved, and leave
“ No spot or blame behind.”
“ Certainly many wild ideas
improper designs are often en
tertained by men, which never
are carried into effect, but, on
mature reflection; are repented
of and abandoned. If, therefore,
wr should allow that at any time
an evil purpose was formed by
Col. Burr, it by no means fol
lows, tnat it ever wis executed.
The great max'm of law is, that
whataver t he design may have
been,a ci iminul act must be proy -
ed. Where is the law to support
the extraordinary position which
has been taken on the other side?
None. I appeal to you, sir—
I challenge the respectable gen
tleman who is to follow me, to
produce any such law, if it ex
ists.”
In speaking of the manner in
which Col. Burr was carried to
Richmond, he observed,
“ Who brought him to the ci
ty cf Richmond? Not Wtlsin
aon 1 acknowledge but one of the
hydra heads of oppression, a por
tion of the standing army of the
United States, acting by the
command oi their superiors.—
1 he government now prays that
he may be kept in custody, until
time shall be allowed to collect
evidence againt him! YVhat rea
son can justify sued a request?
Who created the liiliicu ty, il
there is any? The government.
Who interposed the distance ue
tvveen the scene of intelligence
and ihe place of trial? The go
vernment therefore is chargeauic
with all the consequences, and
Ought not to avail itself of till.
circumstance, to oppress the p r i.
sorter still further. B the govern
ment is not ready to prosecute,
it ought to have the m ighauimt
ty to let him go at la ‘ge until U
is ready.”
He concluded with the fol
io wing scutmieiu.
“ I have now done mvduty as
a citizen, I have not mfTbrefl po
litical opinions, or nnv other
considerations to induce me to
desert a persecuted and oppres
sed individual. All f ask is, tha f
he may be tried by the law and
the fact; hut if in an enquiry of
this nature, we are to be guided
by chimeras and conjectures, I
can only say, that I should wish
not to be a member of such a
community as outs.’*
After Mr. Randolph had con
cluded, Col. Burr lose and ad
dressed the court.
Col. Burr. Ido not rise, may
it please vour honor, to remedy
any omissions of my counsel.—
They have done justice to the
subject. My only wish is to
state a few facts, and to repel
some observations of a personal
nature.
It is a simple question involved
in the present enquiry, either of
treason or misdemeanor. Trea
son,according to the constitution,
iwust consist in acts. A suspi
cion which would be ground for
an arrest, must be a suspicion of
acts. To supply, however, the
defects of proof, the particulari
ties of this case have been relied
upon, and you have been invited
to issue a warrant merely upon
conjectures. The alarms of the
people of Ohio and New-Or
leans, have been mentioned. And
because they were alarmed, there
must have been cause? YVe are
toltl by the president that the peo
ple of Ohio were alarmed; anti
how were they alarmed? He a
tarmed them. How was he a
larmeci? By Mr. Wilkinson.
“ I may be permitted, I pre
sume, to sppeal to historical facts
The proceedings in Kentucky
are of public notaries. No soon
er did I understand that suspici
ons were entertained of the na
ture and design of my move
menis, than I hastened to meet
an investigation. The prosecu
tor not being prepared, as was
alledged,i was discharged. I went
to the state of Tennessee; and
while there, heard that the attor
ney of the district of Kentucky,
was preparing another prosecuti
on against me. I immediately
returned to Frankfort, presented
myself before the courts, and
was again honorably discharged.
What passed in the Mississippi
Territory is equally well known.
There I was not only acquitted
by the grand jury', but they went
further; they censured the con
duct of that government. If
there had been really cause of
aiarm, would it not have been lelc
by the people in that part of tha
country.
“ There i* one great fact,how
ever, which puts at defiance all
the rumours about treason or
misdemeanors. The fact is, the
manner of my descent down
the river. The nature of my e
quipmencs must have clearly e
vinced that my object was pure
ly peaceable and agricultural.
It is not my intention to comment
on the testimony, strange as it
is. But rh s luce aione, [should
suppose, would be sufficient to
overthrow it. If it might be
said that the design* imputed to
me ever did exist; it might also
be said they were long since a- >
bandoned- My designs were ho. ‘■
not able; and would have been j
useful to the United States.
“ It is proper now that Isliould j
advert to some charges ot a per- ;
soual nature, My ibgiit, as :t
has been termed,has been men
tioned as mi evidence of guilt, j
When did 1 fly ? In Kentucky i j
presented mysed holme tile civil J
authority, and invited an enquiry.
How and: lit terminate? Noi in
producing evidences of my guilt
but a tirm conviction of my inno
cence. On my arrival at tne
Mississippi terutoty I was sur
prised to hear o/ tils alarms which
existed there, and that orders had
been issued to seize and destroy
die persons and property ot my
sidi mid party, i endeavored to
undeceive tpe people. 1 endea
vored to satisfy them that l enter
tained no designs Qostue to the j
United States. NdUvrttisia.Uiiig !
which twelve hundred men were
in arms. I’or w.iiut purpose ?
For one which is not yet develop
ed. YVliat wai the result of the
enquiry there ? It has been alrea
dy mentioned. Could the peo
ple of that territory be deceived ?
Surely not. After my acquittal I
was promised the protection of
the government. But it was a
promise which could not be per
form and. The arm of military
power was too strong to be re
sisted.
“ I knew there were mili”
! tarv orders to seize mv pet lon
and property, and transport
j me to a diltance from that
! place. I was well a(Tuted
| even by the officers of an ar
i tried boat,that it was laying in
j the river prepared to receive
me on board. Under these
circumflanccs was I to remain
there? Was it my duty to re
main ? No. I followed the
advice of my bell friends I
pursued the dictates of my
own judgement and aban.
doned a country where the laws
ceased to be the lovereign
power. The charge in a hand
bill,that I had forfeited iny re
cognizance is falfe. I broke
no recognizance; has it been
estreated ? If I had forfeited it,
this
would have been the
regu! >r course. But why
mention this fubjeft ? If 1 am
to be prosecuted for a breach
of recognizance why not
carry me where it happened ?
Why bring me to this place ?
I fled, it is true, not from
an investigation into my con-
Just but from military despo
tism.
“ More than three months,
have elapsed since the orders
of government were i(Tried to
seize & bring me here. And
yet it is fa id that lufficicnt time
has not been allowed to ad
duce testimony in support of
tire prosecution.
“ Why did ibe guard who
condufted me to th s place, a*
void every m igi ft ate on the
way, unless from a conviftion
that they were afting without
legal authority? Why was I
debarred the uie of pen, ink
1 and paper, and not even per r
1 mined to wriie to my daugh
ter? In the slate of South
Carolina, I happened to fee 3
men together. I did not at
j tempt my cfcape, as has been
J represented, but demanded the
j interposition of the civil an.
1 thority. It was from the o
; peration of the laws of my
{ country.
(i There are three courses
. which, I apprehend may be
: pursued on this occasion
; Either an acquittal, or a com
I mil mem for treason, or for a
mi (demeanor ; of neither of
which does any proof exilt
except what, is contained in the
affidavits of Eaton & Wilkin
son, abounding 111 crudities tk
abfurditie s.”
JUST RECEIVED,
And for Sale,
12 pipes 4;h nroof Bourdeaux
BRANDY,
!8 box 11 S') AP,
App'y t 9
J YCuB IDLETISc Cos
M' i/21. .54 ot
For bale,
TpROM Ten, to One Hundred
ft Bushels of g >od
11 on?h Rice,
o 7
D’ liverabie at any wharf in S.f
vannah, at Twenty Honrs No
tice, at ONE DOLLAR p-r
bushel. Enquire of Mm ill £?*
Pcrkb.ursU Gibbons’ Building-.;.
Map 21. 54 A
PATRIOT.
$A l r A M'S AII, May 21. 1 SOT,
On Sunday last, n sermon was
preached at the Baptist Church
in this city, l>y the Rev. Mr.
Holcombe, and < olivet ion m.ulu
for the benefit of Mount-Emm
College, wh.-n the lib ral sum of
oTT dollars 62 12 cents, was col
lecled.
We are authorised to state,
that if the weather is favorable,
Messrs. R. UsP y. Bo,'ten's NEW
SHIP will be launched t/iii af
ternoon, between 5 and 6 o’clotk.
\ efferday, V\ iui.iam Love,
who, we mentioned m a lor
mci paper, had been found
guil y of the murder of David
Whin a more, was executed
near this place, between the
hours of ISc a o’clock,P. M.in
pm Inance of ins fenteitce. He
declared under the gallows,
that he was innocent of the
crime for which he was about
to luffer, but fan! that there
was dilotderly conduct among
them and thalthe woman, es
he expidied hnnleif, gave him
tlie money 6c toe- watch,(mean
ing the money a„d watch of
W hmamore. )
Augusta Herald, May 14.
NOiTCE.
r I"'HIC Pa 11 Isi > I'HQM
-1 MI N w 1 Oil Pi Y was dis.
solved on in- Is ins;, ijy in.itnal
con.v-rt— 1 lie r-'qacs, ail those
indebted tu oicui, 1,, make up
niediatc pa\ iiu-nt, ot ieraise suits
v. il. he commi-nicd against, ihstu
wiUioui, tlisCi luniiation
p- r > ipY.
W. FiJJwiaON.
May 21
Sherilf’s Sa'ies,
n tne hrst lucsany in funtt
next,
WILL HE SOLD,
At the court house inMl,e city of
Savannah, bctioUA’tke hours
oj IO and and o'clock,
ALL tiiofe buildings and
improvements, on the N. W.
half part ot Let No. —, Deck
er Wad, belonging t< the
heirs of Philip Minis, de'ceafed
formerly occupied and own
ed by Maurice LehifT.
A fifty acre lot, known by
the number 0. the house at
I present occupied by Jofcpir
Arnold, m Atif-m Watd
and three lots, being pan of a
live acre lot, adjoin the
town, form oily be y. o', to
i the cliate oi jobn Uni ,ml, ■i-’c,
J taken under execution - live
i property of joteph mo
j the lulls of Benjamin 1/-1 if..-,
i furvtving copaitner at-d Beitj.
Bully, jun.
I*os . uned I'orn V?vy Saits.
T. itOBEUTBON, S C C
May 7 S ‘
bherill’s aa! vs.
At the court- house in the city of
Smanna i,
WILL BE SOI HA
On the first Tttesdnj/ m fuw next
i.ul No. 5, hi our ■ 1 ,:<j
Pcrcival V\ arc!,wii 1 1 tin- buti.li.-u-j
ami tmjirovcmcnt* ; taken m exc.
cutiou as the property of tin . es
tate of Joim Wcrcat, liecea.e.:,
to satisfy judgment in fav u r <f
Owen Ov ens.
ALSO,
Aii tint tract or parcel of land
romaming I6vo aen-s more or
loss xiiuait* in tounty on But.
laloc’ i'ick near tile. Itiadof tune
Satilft ftv r bounded bv lands of
Samuel Went anil others, laken
(jt)t!er e’ eentu;u. a the suit *>l lltit
Ekoc’tttoi's ot G'ibnrt vs. Execu
tors ofGt urge ila- t.
T. KOBEH i'-AJN, •. c. c.
May Ist. 49