Newspaper Page Text
ns nujcfty’s roeflage, together
PfcUh’ Lie documents theieunto
fcelrtngmg.
“ The motive! of his ma’
jelly’s message are explained
in theaddrefs of his excellency
the arch-chancellor, in the re
port of the minister of war, Sc
in theaddrefs of the counsel
lors of (late, the orators of the
government. Those docu
ments have been investigated
and dilcufTed in various fittings
and with all the attention due
to the importance of your de
termination.
ii That nothing should be
left to chance when the great*
ell interests of the country are
concerned, the period which
will necessarily call the con
fcriptsof 1808 to join their
standards, will scarcely run to
fix months. However, these
young soldiers are not to pals
beyond the limits of the Em
pire; but they are to be grad
ually introduced into their new
appointment, and to be made
acquainted with the military
science in the fafell and moll
agreeable manner. They are
to be consigned to the inltruc
tion of the molt celebrated war
riors, chosen by the senate, out
of its own body. Thus they will
maintain the tranquillity of the
French provinces, and defend
its coalts and frontiers against
all attacks of the eneftiv. they
will cover France with formi
dable camps, and lelfen the call
for fathers of families, whose
generous dispositions may have
led them to range themfeives
under the banners ot the na
tional guard. They will re
place a number of old soldiers
in the different departments,
who may again long to replace
themfeives under the command
of their Emperor. They will
contribute to the formation ofa
military force, which, at pre-
Jen t, extend^ v over a! noil
the whole funace of Eun pe,
protrif-s the molt dectlivc ad
vantages. And iallly, by con
necting the bell military means
they will conquer that peace
which is Hill offered to our e
nemies ; which is even this mo
ment offered by a conqueror,
whose altonifhing vifcto: ieshave
not, in the lealt,diminifhed his
moderation. I bis is his ob
ject and (uch will be the elf eels
ol the feuatus coiilultum lub
mittedto your deliberations. —
Your committee having ob
l’erved with pleasure, from the
papers laid before them, that
the levy of 30,0c0 new con
lcripts will not require any
frefh facrifices, their dccihou
was unanimous. Senators,the)
have charged me to tranf.niuo
you their acceptance of the le
natus confubum, which had
been pievioully lubmiued to
your confidcration.
“ They have also to lay be
fore you a sketch of an addtei.s
to his Majeily the Emperor
and ICing, together with a de
cree for jailing the coolerapt.-,
in anl’werto his Majelty’s ines
iage of the 24th of March
1807, as a frefh proof of the
brave hdeiay and the devotion
of all the French to his Majef
ty’s person.”
In conlequence of this re
port, the senate in the fitting,
adopted the projed of the ie
natus conluitum, together with
the ad ire Is preiemed by the
committee.
FRENCH GK >ND ARMY.
&IXT 2 -SEVENTH BULLETIN.
Osterode, Match hi
On live 14Ui mso at 3 1.1 the
Afternoon, the garrison of s>tral
sund, taking advantage of a fog,
made a sortie with two thousand
infantry, and six pieces of cannon,
in order tocarry a redoubt thrown
up by general Du pas. The re
doubt, which was open, without
palisades and without cannon,
was defended by a company of
Voltigeurs, of the 4th line, (light
infantry) under captain Barral ;
they resisted all the attempts of
the Swedish brigade. Fifteen
Swedish soldiers reached the
parapet, but there found their
death. All the enemy’s attempts
were equally fruitless. Sixty
two dead bodies of the Swedes
were buried at the foot of the re
doubt, It is supposed that 120
were wounded, and 50 were made
prisoners, though they were no
more than Isouien in the redoubt.
Several Swedish officers were
found among the dead, distin
guished by their military decora
tions. This instance of bravery
has attracted the Emperor’s at
tention. His majesty has sent 3
orders of the leohon of honor for
trie companies engaged. Capt.
Driver, who commanded on this
weak redoubt, highly distinguish
ed himself.
On tiie 20th Marshal Lefebvre
ordered the brigade under G- n.
Schram, to cross over from the
island ot Nogat, in the Frisch
Hass, in order to cut off the com
immication between Dantzic and
the sea. These orders were carried
into exe union at 3 in the morning.
The Prussians were routed and
300 of tiie in fell into our hands.
At 0 in the evening the gar
risoti of Dantzic sent out a de
tachment of 4000 men to ret*kc
the post ; but they were repulsed
with tiie loss of some hundred pri
soners and one piece of cannon.
Gen. Schram had under his com
mand the* jd battalion of the 2d
regiment ol infantry and seven
Saxon battailous, who distinguish
ed themselves. The Emperor h. s
sent three orders of the legion < f
honor to be distributed among the
Saxon officers ; a lid three more
tor the privates, subalterns, aid
the Major wiio commanded them.
1 1 Silesia, the garrison of Ni
ess has made a sortie, but fell into
an ambuscade. A regiment of
Wirltinberg cavalry took those
troops m flunk, killed 50 A made
60 prisoners.
The winter in Poland seems to
have resembled the winter in Pa
ns, that is to say, variab e. It
freezes and snows in alternate
succession. However, we have
the good fortune not to have any
sick in the army. On the con
irury, all accounts agree that tiie
Russians have a great number
sick. The army remains tranquil
in its cantonments. — The works
which compose the tetes du pout
ot Sieroch, Modlm, Praga, IVlu
rienburg, and tViarien werder, are
every day becoming more formi
dable ; and the magazines are or
ganized and are every where re
caivmg provisions. Three hun
dred thousand bottles of Bour
deaux wine were found at Elbing ;
and though each bottle cost 4
francs the it mperor paid that price
to the merchants, and ordered the
wine to be distributed among the
ai ni\.
The Emperor has sent the
Prince Borghese upon a mission
to Warsaw.
tiXTT-EiCHTH Bulletin.
Osterode , March 29.
On the l/ih of March, at 3 o’
clock in the morning, the gen.
ot brigade Leicbvre, aid-de-camp
to prince Jerome, passed near
Glaiz, on his way to Wunchels
bomg, with three squadrons of
light horse, at.d the Taxis regi
ment of light infantr), when lioo
men wuh 20 pieces of cannon,
made a sortie from the place.—
Lieut. Colonel Gerard immediate
ly attacked and drove them back
into Glaiz, after having taken iOO
soldiers, several officers, and ttvo
pieces of artillery.
Marsha! Mas-ena is gone, from
Wdiesbeig to Ortelsberg, and
forced an entrance there lor the
division of Becker's dragoons,
winch be ha> reinforced with a de
taehiiicnt oi Polish horse. There
were some Cossacks at Oriels-
Uouig and several attacks were
made in winch the enemy lost 20
men.
Gen. Becker, as he was coming
to resume his position at Wiiien
burg, was attacked by 3000 Cos
sacks. An ambuscade of infantry
was formed, into which they ieil
and lost 200 men.
On the 26th, ats in themorning
the garrison of Dantzic made a
general sortie, which proved very
fatal It was reposed on all sides.
A colonel, named Cracsatv, who
had a command was taken with
400 men, and 2 pieces ot cannon,
in an attack made by the 19th re
giment of chasseurs,
As for the rest there is nothing
new. The lakes are still frozen ;
though there i some appearance
of the approach of spring.
TRIAL OF COL. BURR.
CONTI NUID.
FEDERAL COURT—Richmond.
Wednesday June 10.
An uncommonly animated and eloquent
difeuffion commenced on tire fubjedt of col.
Burr's motion for a writ of fubptna duces
tecum, to summon the President of the U
nited States to produce as evidence the
original letter ol Gen. Wiikinfon (dated
the 2ift day of October; 1806, and refer
red to in his message to Congress in Janu
ary last,) together with copies of the or
ders which were iflued by his directions to
the naval and military officers of the Unit
ed States, commamli g them to suppress
the conspiracy imputed to Aaron Burr.
Mr. Hay contfcndcd that a preliminary
question ought to be dvei led; whether in,
thefitu ition in which Col. Butr now (lands,
before any bill of -indirftment has been
found against him, he cou and, as a matter
of right, move for any fubpeenas for wit
ntfles in his favor. He dated that he had
written to the President, requesting him
to fend on the documents which were
wanted; and he doubted not they wou and
be fu mi fired. But as the gentlemen on the
other fide iufifttedon the lubpcena duces te
cum r-s a proofs to which they had a right,
and founded their motion on a fuppofitton
that the President would retufe those
documents, he would examine the founda
tion of the right for which they con
tended.
The court coufented that the previous
qucllion should be firft difcuiTed.
Mr Hay opened the debate, and en
deavoured to demonftratc tha< the motion
made by Col. Burr was premature. He
laid down this broad prppofition, that no
person accused has a right to fubpeenas un
til he is on his trial, that is, until the
Grand Jury have found a bill of indict
ment against him. In order to flrow the
prematurity of the motion, he asked, if
the President was actually summoned and
attended, what could be done with his evi
dence? It could notbeufed unless the trial
should come on; uulefs the bills of in
dictment should be found true bills.
Mr. IViciham on the other fide, infilled
that the motion was only made through a
spirit of accommodation, for the clerk
was bound to ifl’ue the subpoena at the re
queftof Col. Burr. He declared that this
w:s the Gift time he had ever known the
doCtrine advanced that a person accused
was not entitled to fubpeenas for kis wit
ntffes.
Mr. Betts read an aCt of Congress whic' 1
proves the right of a person accused, as well
as of a person inJifled to have fubpeenas.
The court seemed inclined to decide tiie
point against Mr. Hay; butdefiredit to be
reserved as a part of the argument on the
main question, iu the opinion of the court
on which the p-evious question would be
involved; and direCtrd Col. Burr’s coun
sel to commence their argument in support
of t> eir motion for a subpoena daces tecum,
to the President of the United States.
- Mr. Afar/in delivered a very animat
ed harangue. It confided in a great mea
sure of impaffi .ned declamation, on the
wroi g- which he alletlgcd Col. Burr had
fiillained, intermingled with sarcastic in
sinuations against Gtn. Wiikinfon Aid the
President of the United Stares.
With refpeCt to Wilkinson’s letter to
the President, he said it was wanted to
| confront him in case he should be ihtro
j duced as a witocfs, and to (hovv that he
| had given contradictory statements at dif
ferent times concerning Col. Burr’s tranf
aCtions: that the affidavit filed by Colonel
Burr in support of his motion was fuffici
eut, together with the opinion of his coun
sel, that the letter was material to autho
rise him to demand its production. As to
the orders wnich the President had fluted;
he admitted that they might have applied
for copies of those official copies, and
that every citizen has a right to demand
them without applying tor a writ offubpee
na duces tccunn but that the Secretary of the
Navy, (he presumed by the President’s di
rections), had refilled those for which he
had been applied to, and the other Secre
taries would probably aCtiu the fame man
ner. 1 lie process desired was therefore
neceflary to obtain them. The object for
which they were wanting he candidly ftat
cd to he to (how that those orders were ille
gal, unconfitutional, arbitrary and opprejpve;
that Col Burr had a right to rcjrjl them ; and
that the armed affemhlagc oj men under his com
mand, (if such an affemhlagc ever cxif.ed) visas
only for lhepurpefes f fef defence and reftflance
lo cpprejponl
Mr. Martin farther stated, that the op
pofitiou of the cunsel for the United
States to this motion would leave an im
pretfion on the public mind, that the Prcli
dent would be ferry if ( 01. Burr fliould
prove to be innocent,becaufe he had iu his
address to Congress, prejudged and declared
him guilty; that he had denounced him as a
traitor, had let loose againlt him the Heed
(sounds of perpeution, and hnnted hitn into
the toils; thatthe President trad himfelf oc
ea'Coned all the clamour against him, and
ought not to be permitted to withhold any
paptri which might vindicate a citizen
whose life was in danger; that, if he did
withhold them, and Col. Burr should be
condemned, he would be a murderer, and
so recorded in die rtgifter above.
He said that he doubted whether the
testimony of Gm Wiikinfon would be cor
rect; that he hal already violatedhis oath to
support the conditution, and was interest
ed to eftablifli tie guilt of Burr to excul'e
himfelf. It was therefore peculiarly ne
eeflary to confront him with his letter.
Mr. Martin also observed that any in
convenience whidi might attend the pro
duction of thefepapers ought to be disre
garded; because die law gave col. Burr a
right to demand them. But in faCt there
would be no inconvenience. They did not
want the personal attendance of the Pre
sident; he might cimply with the fubpxna
by feuding the orijinal letter, and the co
pies required.
Mr. Both next spoke, and was followed
by Mr Wirt on Wednesday, by Messrs.
Hay and Randolph on Thursday, and by
Mr. Martin again on Friday.
SPEECH OF CO 1.. BURR,
On the Motion to commit him Jor
HIGH TREASON.
I am not, I hope, fir, wafting the time
of the court upon the present occasion
The motion proposed is admitted on all
hands to be important, and is certainly a
new one. Perhaps it was to have been
expeCted, that on a point f* novel, fome
precedent would have been produced; but
in this expectation we have been difapr
pointed. Its novelty will however, he
productive of another effcCt. It will still
better qualify it for making another small
feature in a picture of oppreffians and
grievances, which have never been paral
leled in the records of criminal law.
The case is this: no man denies the au
thority of the court to commit for a crime;
but no commitment ought to be made ex
cept on probable cause. This authority
is neceflary; becanfe policy requires that
there fliouid be fome power to bind an ac
cused individual for his perfoual ap
pearance, until there (hall be lufficient time
to obtain witnefles for his trial. But this
power ought to be coatroled as much as
possible.
The question in the present case is, whe
ther there is probable cause of guilt, and
whether time ought to be allowed to col
led testimony agaiuft W This time
ought generally to be limited; but there
is n precise ltandard on the fubjeCt; and
much is of course left to the found Uifcrcti
on of the court Two months ago, how
ever, you declared, that there had been
time enough to coilcCt the evidence neces
sary to commit on probable cause; and
surely if this argument was good then, it is
ft.II better now.
As Lon as a prosecutor has notice of a
crime, he generally looks out for witnefl
es: It is his objeCt to obtain probable
cause for committing ihe accused. Five
mouths ago a high authority declared, that
there was a crime, that I was at the head
of it; and it mentioned the very place too
where the crime was in a date of prepara
tion. The principal witnels against me is
said to be Mr. WiUr.nfon. Now from
what period is thenme to be computed ?
If from the time I was fufpeCted, five
mouths; if from th’ time I was firft seized,
eight months; or isit only to be comput
ed from the time Wien I was firft commit
ted? So that it is nar 40 davs since the no
tice must havearrivd at New-Orleans. But
a veflel navigates th coast from New-Or
leausto Norfolk in liree weeks. I con
tend, however, thatvvitneffes ought to be
procured from the very time when the
crimes are said to b. committed. There
is then no apology hr the delay of the
prosecution, as tar asit refpeCts the only
person for whom an aiology is attempted
to be made.
There are other firious objections to
my situation: Must I b< ready to proceed
to trial? True ,fir, but then it must be in
their own way. Arc He then on equal
terms here? Certainly rot.
And again, as to affiavits. The Unit
ed States can have conoulfory process to
obtain them: but I ha* no such advan
tage. An ex parte eviitnce is then bro’t
before this court, on i motion for com
mitment. The evidence m one fide only is
exhibited; but if I had nine also to adduce,
it would probably contadiCk and counter
act the evidence of the United States.—
Well, fir, these affidsriis are put into
newspapers, and they ill into the hands
of the Grand J ury I hive no such means
as these, fir; and where'.hen is the equal
ity between the govirnment and rny
felf ?
The opinion of tfie efurt too is to he
committed against me. s this no evil?
A fufficient answer, fi, has been given
to the argument about ny delay; and its
drfadvantages to niyfdf lave been ably de
veloped. But my coinfel have been
charged with declamatioi against the go
vernment of the United states—l certarn
ly, fir, (hall not be charged with dec'ama
tion. But surely it is an eftablillied prin
ciple, fir, that no goversment is so high
as to be beyond the read of criticism.
And it is more particular!/ 1 laid down, that
this vigilance is more peculiarly neceflary,
when any government infitutes a prosecu
tion; and one reason is, or account of the
vast dlfproportion of mans which exists
between it and the accufcd If then this
government has been so peculiarly aCtive
against me, it is not improper to make the
aflertions here, for the purpose of increas
ing the circumlptCtion ol the court.
Mr. Burr observed, tint he meant by
persecution, the harraffiig of any indivi
dual contrary totheformi of law; and that
his case unfortunately presented too many
instances of this description. He wou and
merely Kate a lew of them. He said that
his friends had been every where seized by
the military authority; a practice truly
consonant with European defpotil'm. He
said that persons had been dragged bv
crrmpulTory process before p, rt : £u , ■
bunals, and compelled to J. n-’ V
seized. And yet m England, w£r
fay they Know nothing of liberty - “H
tleman who had been fcizidAdet.hl*'®
hours in a hack parlour, | wd obtain, !■
mages to the amount of 10 cn , ‘W
He said that an order 1 ad beer
k.h him as he defeended the M ffilW S
feizchts property. And yet thJ? ■
only have killed his perfon,’ if he had
formerly condemned for treafou h"**
that even poft-offices had been brlTfl
pen and robbed of his papers- t f m
Mississippi Territory, even an inai'ej
was about to be laid against t | lf 7
tnafter; that he had always taken ,b P ‘■
felony; but that nothing seemed too !!■
travagant to be forgiven by ,| le
morality of tins government. M r 0 V
said there seemed to be something
gled m these proceedings, which niaoiftS
cd a more than usual inclination to a„7l
theendsof justice As far as it re l attt! J
htmlelf, perhaps these thing, Wcre pf
accouut; but what was then to be faiddß
thole and other measures; f„ c h a, rji
pension of the habeas corpus a,ft
concerned the whole nation? If in the aB
and of Gs-eat-Britain, such a mcaLrev J
calculated to produce so -TiuchjdifturbjjJ
what kind of feufation ought it to n-nj
duce in this country? I
Our president, said Mr. B. is a ! aw ,J
and a great one too. He certainly e u J
to know’ what it is that constitutes a w J
Six months ago he proclaimed that tt .’ J
was a civil war; and yet for fix niOD J
they have been hunting for it, and cans J
find one spot where if cxifted. There ( I
to be sure, a moft terrible war in the nw jJ
papers, but n where else. 1
When 1 appeared before the OrsJ
Jury in Kentucky, they bad no cha-Tisl
bring against me, ands was cnnftqi.m J
di(miffed—When I appeared for a ncogjl
time before a granJ jury, (in the MilhiJS
territory) there was nothing to appearsl
gainft me; and the Judge even to:d'i!icU-H
nited States’ Aitorney, that if he did rj
fend up his bill before the grand jury. J
himfelf would proceed to name a rra-|
ny of the witnesses a } lie could, jafl
bring it be r ore the court. Still there a I
no proof of war:—At length, however, tiel
Spaniards invaded our territories, and yl
there was no war. But, fir, if there mil
a war, certainly no man will pretend <|
fay that the government is able to find ;l
out. Thefcene to which they have iu el
hjuntqd it, is only 300 miles diftan:! |
and still there is no evidence to proveifiil
war. 1
Mr. Burr requeued the court to roes I
der the consequences which now melt I
from a commitment for treason; that if re |
ivera bound now, the law of Virunia de- 1
clared that he should so remain till the!
next term; that this delay was the veyl
inconvenience he would wiflito avoid; and I
that he presumed he was to remain in pri. I
son fix months, until they could find or! I
this war.
Mr. MAY’S SPEECH.
I stand here, sir, engaged is
the performance of a most seri
ous duty. I appear here iu a
cause, which involves the cha
racter of our government. Iconic
here to charge Aaron Burr with
High Treason against the Unit
ed States ; with “ levying war”
upon his country. Sir, it was
natural to suppose, that such a se
rious charge would have made a
most serious impression upon A.
B’s mind ; that he would hare
roused all the energies of his un
derstanding in his service ; >a
vindicating himself against such
heinous charges, and not in cast
ing imputations upon the govern
ment. Why, then sir, does he
turn from himself against the
administration. Why these com
plaints of persecution, which
have fatigued our ears ? I ro° st
solemnly deny the charge- I
most confidently avow, that ther*-
is net a tittle of evidence to sup
port it. None eati be produced)
unless it be a persecution, that
the government brings him be
fore a legal tribunal, where his
guilt and innocence will be im
partially established. A. Burr
stands accused of the highest
crimes and misdemeanors; he
stands charged with a deliberate
design of involving his country
in ail ihe horrors ol a civil insur
rection, or of entangling her m*
war with a foreign nation. Hu*
is the true question before the
court, and instead of meeting ih'*
charge with the energy and holi
ness which became him ; instead
of confronting it wi th his evi
dence ; complains forsooth ‘
persecution. And where, sir, l4
this tremendous persecution.
“ Because he was sent here or
a military authority i” But coui
A. Burr have been tried in ttit
country where he was arresto
Was Blannei hasseti’s Island * n
-he Mississippi Territory ‘■ 1
ought he not to have been con
veyed to that judicial distru >
which possessed a competent J
risdiction ? But if A. Burr oug l --
to have been seat by