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VOL. 111. No. 66.]
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>f Lewis and Cl ark’s tour to
the Pacific Ocean, through the
interior of the continent of
North America, performed by
order of the G >vernm;ut of
the United States, during the
years 1814, 1805 & 1806?
This work will be prepared
by captain Meriwether Lewis,
and will be divided into two
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Tlv'ee Volumes, octavo, con
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tvpe. The several vol
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be put to press at as early
periods as the avocations of
the author will permit him to
prepare them for publication.
Par, the First — in Tnn Volumes.
Volume first —Will contain
a narrative of the \ovage,with a
description of some of the most
remarkable places in those hi
therto unknown wilds of Ame
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good size, ana embellished with
a view of the great Cataract of
the Missouri, the plan, on a large
scale, of the connected falls of
tha. river, as also, of those of
the falls, narrows and erreat ra
pids of the Columbia, with their
several portages. For the in
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there will he added in the sequel
of this volume, some observati
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bia rivers., pointing out the pre
cautions which must necessarily
be taken, in order to insure suc
cess, together with an itinerancy
of the most direct and practica
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North America, from the con
fluence ol the Missouri and Mis
sissipi rivers to the discharge
of the Columbia into the Pacific
ocean.
Volume second —Whatever
properly appertains to geography
—embracing a description of the
rivers, mountains, climate, soil
and face of the country; a view
of the Indian nations distributed
over that vast region, shewing
their traditions, habits, manners,
customs, national character, sta
ture, complexions, dress, dwel
lings, arms, and domestic uten
sils, with many other interesting
1 particulars in relation to them —
Also, observations and reflecti
ons on tlie subjects of civilizing,
governing, and maintaining u
friendly intercourse with those
nations. A view ol the fur trad®
of North America, setting forth a
plan for its extension, and shew
ing theimmtnseaJvantages which
would accrue to the mercantile
interests of the United States, by
combining the sime with a direct
trade to the East Indies, through
the continent of North America.
This volume will be embellished
with a number of plates, illustra
tive of the dress and general ap
pearance of such Indian nations as
differ ntatf allv from each other;
of their stations, their wea
pons ands jdiments used in war;
their htin g and fishing appara
tus, do: sue utensils, &c. in
an appenu.x there will also be gi
ven a diary of the weather, kept
with great attention throughout
the whole of the voyage, shew
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the principal water-courses which
were navigated in the course of
tha sane.
Part the second—in one Volume.
Tins part ol the work will he
confined exclusively to scientific
research, and principally to ‘tie
natural iustory of those hithf f
rHURS DAY, July 2, 1807.
| unknown regions. It will con
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subjects as have fallen within tin
notice of the author, and which
mav properly be distributed un
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ogy, and zoology, together with
some strictures on the origin ol
the Prairies, the cause of the mad
diness of the Missouri, of volca
nic appearances, and natural pite
nontena, which were met with in
the course of this interesting tour
—This volume will also contain a
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vocabularies of distinct Indian
languages, procured by captains
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is entirely new, and of which
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Lewis & Clark’s
MAP of NORTH AMERICA.
From long. 9 deg. W to the Pact ■
fie Ocean, and between 36 deg’
and 52 N- tat.
Embracing all their late disco
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nent heretofore the least known.
This map will be compiled from
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several hundred celestial obser
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TRIAL OF COL. BURR,
Continued.
FEDERAL COURT— Richmond.
Delate cm the Motion ( mods r.n the Ijlh May)
1 0 summit Col Bins.
Mr Edmund Randolph addrefild the court
to the following effetSl:
Sir, it would have been imp iffi de for
us, even had we receive! due notice ot
this motion, to have availed ourselves of
the time that was allowed to us That
w nil 1 have been impullible, because the
etiormi v of the proposition itfclf would
have baffled all our consideration Stall our
refearche*. Mark the eoutfe, lit, which
Ins oeen puHued towards my unfortunate
client First lie was brought here under a
j mi itary eleort. Then that little folio of
| depofi ions and affi lavits was laid belore
i your lim ir: Then the charge of treason;
& then that lit.le eock-ho.it which was def
tioed to attend this great thip on a foreign
expedii n? you heard it ail, fir. and what
did von fav? You bound Col Burr to
bad, finl ily on the charge of a mifdemea
n-ir, to appear here at the opening of the
court; out not contented with this fecuri
ry, you super added that he was not to
leave the court until it had defeharged
him. You opened the door too for an ul
terior prosecution: you declared that il the
attorney for the U. States ihould obtain
any additional evidence, the judgm-nt
which you then rendered, would m>t ore
vent hi, inditAiug Col. Burr on the charge
| of treason.
Sir, thus (ltnds the case, as it was un
derstood by the whole universe On Fri
day we came here to me"t the w ir'd; Fri
day, however, passes away and nothing is
done. On Saturday, we came here again;
Saturday also passes away, and nothing
done. But on Sunday; fir—is broached
this new-tangled do&rine, which now ex
cites our allonifftment. They demand
precedents, fir, for our con RuSt; and who
, a;e they that require it? Why, fir; they
tint take thin, s out ol the ordinary course
of the law. For thirty years I never saw
fitch a proceeding: I have never read of
such a one in the Kuglilh books; and yet
these gentlemen call upon ut for prece
dents.
If we were a iked for our rtafom, fir. we
Ihould have enough to offer: And fi ft,
a Judge in the Federal Court, fitting in
the capacity which your honor now fulfils,
would be in the fame relation to the ac
cufid as an examining Judge is in the (late
courts. But, fir, whoever invited* fingte
roagiftra'e or a (late coutt to augment the
bail of any individual in the Ifituation of
Col. Burr? If a mau be bound in a distant
cou ity to anfiver to a misdemeanor; and
another crime was to be brought against
him, to be predicated on the very fame
evidence, have you, fir, ever known the
trying court to tnereafe his bail? There
never was such an examp'e, fir.
Mr. Botts’ remark, fir, is not to he an
swered Yu are changing the conftiiuti
-011.11 organ of Jullice. You are completely
blotting out the ftm&ions of a Grand Ju
ry. The witnesses will be all produced
before you; but no, improper as this pro
ceeding will be, it is (till less so than that
which they will a&ually pursue: None of
the United’ States’ witnesses will be brought
b-fore you,but those whom they may think
it politic to introduce; aud depend upon it,
that such testimony will be garbled for
the ears of this court, as may be expected
to bias their judgment. Well, (ir, & what
will be the comequence? When the Grand
Jury are about to retire to their own
chamber, they will be told that you have
dennuded additional bail. Ate you theu,
fir, to be a pioneer of blood for tlic grand
jury? Is not this precedent outrageous, fir?
The boa fled principle that no man is to
be condemned but upon the verdict of s4
of his peers, is gone. Throughout this
town, it will be uuiverfally reported that
you have folemnlv declared A. Burr to be
guilty of High Treason against the U. S.
and feme of those to whom the rumour
may extend may hereafter be impannelled
ou the Petit Jury And will they feel
themselves altogether unbiaffed by your
judgment? Why, fir, let it be declared at
once, that the Grand Jury is to be (truck
out as an intermediate organ of justice.
Dsnot, 1 pray you, fir, let us buffer for
the delays and negtegence of other people,
I cannot blame theU. S. Attorney; it is his
bufmefs to obey the inftrudtions of the go
vernment; and if the witnesses are not
here it is certainly no fault of his. But
surely there is time enough to travel from j
New-Orleans to this city in 1 7 days; even j
with the gigantic “buik” of Gen. Wilkin !
fui himfclf.
Mr. Hay fays, our tone is changed.—
And how, fir? We demand a trial new.—
We dernsnd a fair trial. But vnuft we not
therefore protell against a mc afure, which
is calculated to defeat this objeA? Cer
tainly; fir You are called upon to pr- ju
diceihc minds of the Grand !ury. But,
fir, in this interesting case, where libettv
and life themselves are endangered, 1 trust
that fume hard mouihed precedents will
he found in opposition to this procedure
We have come here to answer to every
charge, which may be urged against u.:
[Whole Number 266.
Wo come hereto at Twer in a precedented
and conftitutt nal manner, But little did
we expcift that ihe court would decide in
the firft inftaucc. inflead of the Grand Ju
ry; that the femiments of the Grand |ury
were to be prejttdieated by an ur>eci' fitu
tional decision; and that the court itfclf
wasto commit its opinion on certain points,
which would he regularly brought before
them for argument and for decision at
fome of the ulterior ft ages of the prose
cution.
“Why, fat'd Mr. Wirt, do you (brink?’’
Sir, trace the course of the pruiecuiion,
and fee who it is that retires from the con
test. On Friday the United States’ attor
ney was not ready; on Saturday he was not
ready, and now indeed he will not probably
be re. dv before Mond -y next. Sir, Who is
it that thrinks? And yet does the attorney
pofitivelyaver that hclusev deuce enongh.
We are charged, fir,with addressing the
multitude. Mr. Wirt fays that lie could,
but would not imitate the example. But
neither he nor Mr. Hay have spared the
theme Sir, 1 will not denv the justness of
hiseulogiurns upon theadmiisiftration ; hut
permit me only to remark, that there hs
been a certain conduit observed towards
Col. B. svhich excites my deep’ ft aftonifli
menr. When I look at the firft man in the
government, I behold an individual whom
1 have long known and whose public fer
vires have c imminded my admiration.—
W'lCti 1 look at thefecond.lir.hchas my whole
heart. Bui,Sir, the enquiry which is now be
fore us relates not so much to the intention
as to the effecit An order ha, been given to
treat Col. B. as an outlaw ? and to bum
him and his property. And, fir, tgain,
when the Houle of Reprcfentatives de-„
mantled certain information, as it was
their right and their duty to do; the Presi
dent granted it; and would to God ! Sir,
that he had flopped here, as an executive
officer ought to have done. He proceeded,
however, to fay that Col. Burr, was guilty
ol a crime ; and consequently toexprefs an
opinion, which ; was calculated to operate
ju licially upon the Judges A Juries. Such,
was the substratum of all the ci-nfures,wlhch
hive been heaped upon Col. Burr.
Mr. R. protecied to touch upon a fub
jeeft, to which Mr. Hay had referred, col.
Burr was arrested in the Mississippi / erri
tory. Was there no court there ! Was them
no judge ot integrity tnfry him ? Arrested
too after he had by a Grand
Jury!! Well! he was transported thence
(with humanity it has been said) dragged
on by eight mufqueteers who were ready
to (hoot him at a moment's warning; re
fufed any appeal to the judicial authority ;
denied even ihe melancholy fatUfadtion of
writuig to his only child. Was all this hu
manity ? Dragged before this court, winch
derives ns only jurisdiction from a little
lpeck of land on the Ohio. Yes! Sir, but
for that little spot of an island, Virginia
would never have enjoyed this honor!
What is all this.lir, but oppressive aud b;t
ter inhumanity ! 1 trull, fir, trom what T
have (aid, that no one will think with Mr,
Wirt, that I am ihifthigth* queftiou from
Col. Burr to Mr. Jefferfon. I ffiould not
have made tiie oblti vauuns, which have
escaped me, but to lhnw that my client is
jollified by hi* situations, in dating ever
objection that he can, to the prcicot mca
fuic •
Mr. R. observed that at lead one difad
vaiuagc would refuh fiotn this enquirvjthat
it was uot clear, as Mr. Hay had asserted,
that the affidavitswou and belaid before th
court only aud not before the Grand and
Petit Juries, for the Grand Jury would
soon he poss. ffedof the fubltance of them ;
and that it was next to impoffiole lor them
to leparate the impreiiions thus ilh gaily to
be produced upon their minds, from the
weight of the legal, viva vccc testimony.
Mr. R. f id, he did not understand Mr.
H’s eiprellious about certain perfuus in
holes and corners: that if however he
meant spies, there are none (uch; and that
although the government certainly had
employed no spies, yet that it lias excited
fomucM prejudice agaiuft Col. Burr as was
fulfieieut to make every man in the country
delirous of contributing his lull quota of
information against him. Air /(.conclud
ed with remarking, that the present argu
ment had perhaps been permitted tiAoi*
brace too wide a field ot difeurtion; and that
there were two great queftiuns which he
fln.u'd luhmit to the confideiation of the
court; lft: Whether there were any pre
cedents in favor of the present motion and
2d: Whether if a propofirion like this and
ol such great importance was atlop ed, it
wou'd uot yield a precedent, that wott and
expole every man iu the country to op
pression.
Mr R. contended, that this was a charge
which the judge had already decided on *
fofmer examination ;lhat it was not afup
plemcntul crime, but the old one ; that per
haps there he ft me little affidavit to
ipliccout fou.e dcledt iu the former evi
dence; hut what would be the consequence
o, tiii proceeding ? Day alter day, ano
ther and another affidavit would be bioug t
lorih ; taels like pob. p , are Caiil\ cut into
a or 3 pteeet ; and caclt of tnofir atoms is
to require a new recognisance. For ore
affidavit tlitre mi.ft bra bail of 1000 dol
lar :—Another Affidavit, another Icoa
dollars; until the burden v , 1 i* so op
pressive as to leave no othe. .efourer, but
i , tue tour walls ol a pr son.
Mr. Hay obierVed, that he fhoidd fim.
ply uut'cc one reutaik ot Mr. Ks, ih* (