Newspaper Page Text
,g of Mr.
.erto remark, that in these
/ijprvations Mr. H. alluded to
the annexed nap-r. whir h was an
affidavit of W Hit ’s, and was
said to relate to these circum
stances.')
Mr Bom objrflod to its be
ing sent op to the G. }. He
underllood that no paper was
to be laid before them, which
was not material to the caufc,
whether it could or could not
be authenticated. Let the gen’
tlemen then, explain the con
tents & materiality of that pa
per—
Mr. Hay. A hard proposition
indeed ! when it is partly writ
ten in cyphers and partly Ger
man —I deem it material, how
ever, because I under Hand that
it was either diQated by the ac
cused, or firH w rit'en and af
terwards copied by his ferreta
ry c and that it is addressed to
Henry Wilbourn, alias Erick
BoHmSm. Mr. Wirt. I tin.
derfiandthat any paper may
be sent up under the inflruc.
tion which has jull been tranl
mitted to the fury. Mr. Burr
The pape r is before ‘ho couit.
It is now in the pod (lion of
the court : and i’ is not to be
sent up to the G !. but under
the judgment of the count of
Course the judgement of the
court should be famfied with
the materiality-of this paper.
Mr. Hav. Theaccufed is m s
taken in point of f-cf Ibe
paper is now in mv pul! Hi >n.
Mr. Wickham. Why was it
offered to the court, if it was
not to be put into their p< ff. f
fion ? But i! i’ was no't in their
possession ; if it is merely bto't
into court, that it may be (crit
to (he G. f. at y papei may be
conveyed to them through the
fame process. Mr. Hay a(-
ferts that it is addressed to E.
Boilman. But is not the Pod
office mark on it ? Was it not
obtained by an of felony ?
Mr. Hay. TRffe is no P.
Office nwik on it. Mr. jq.
then expatiated at considerable
length on the point: He deni--
ed that the paper was in the
possession of the coutt and af
fertei his right to fend up any
paper to the Jury, under the
direQion which hey had a'rea„
dy received. Mr. Wickham.
I wish to know whether he of
fers it to the court P Mr. H.
No. Mr. W. how then can
any notice be taken of i ? how
can he fend it up ? By the
Marshal ? He i* the officer of
this cojurt. By Mr. Willie ? he
is only a witness. II the pa
per goes up at all, it is under
the lanOion of the court. If a
living witness goes up, it is be
cause he is presumed to be a
relevant witness. But if it be a
paper, how can its relevancy
bedfablifhed until its contents
and materiality are known ?
Mr. Wirt. May not the diffi
culty be removed bv the court,
v...doling it n. another pape-,
with an endorfemeiu that it is
sent up under the last inflruc
tions ? By thole intiruciions
they will judge ; and unie'.s it is
fiiown to come from A. 11. or
under his authority, they will
of course rejett it.
Some ingenious fparriugs
between Meffts. Wickham
and Wirt, amuled the audience
for a moment, when Mr. Botts
objetled to the trani tmflion ot
the psyper. It was either im
material, or it was not. If it was
immaterial, why embarrass the
theG. j. w ith u ? But if it con
tained pertinent matter, it was
certainly wicked matter : In
which Mr. Willie may be him
felf concerned. If he be sent to
ihfO. I. wi'h this paper, what
wou'd he v about i; ? Would
the courtwilhhim to fayany thiny
which might criminate htmfel’
We have a right (aid Mr. B.
to fee this paper. Perhaps we
(hall find that it las been fil
ched From the P. Office, con
trary to the 6th amendment of
the Constitution, which pro
teos everv man’s paper from
untealonable fearcharand feiz*
ures. If it has been obtained
by such illegal and violent
mean*, the court would per
hans arreff it : and even the G.
}. would not dirty their fin’
gers with it.
Somedefultory conversation
ensued, when Mr. Willie was
called to the court. Mr. Wil
liams (his counfelj hoped that
no queliion would be put, the
answer to which migh tend to
criminate him (elf. Mr Hay.
Wait till the queflion is put. —
Mr. Me Rea. Did you copy
this psper ?—Mr. Williams
(after coofulting with his clj
cru :) he lays that if .my paper
he has written has any effett
upon any other perfou, it will
as much affett himleif. Mr.
Witt. He has fvvorn in his de
pofuion, that he did not un r
derltand the cyphers of this
letter. How then can his
merely copying of this letter
implicate himielf in a crime,
when he fhonld not only co
py it, but be privy to its con
tents ? Mr. Mcßae. Wc will
change our queltion. Do you
under Ibtmi (lie contents of that
pa pet ?
Mr. William*. He objects to
answering, He aavs that though
that question mav be an innocent
one ; vet the counsel for the
prosecution might gradually go
from one to another, until he at
last obtained matter enough to
criminate him.
Mr. MeHae. Mv question is
not, do you understand this let
ter ? And then what ate its con
tents ? If I pursued this course,
I might then propound a questi
on, to which he might object.
But unless I take that course,
how can he be criminated ?
Mr. Botts. If a man knows ot
treasonable mstter and does not
disci use it he is guilty of a mis
prision of treason. Two circuni
stenccs therefore constitute this
crime ; a knowledge of the trea
son and a concealment of it. The
knowledge again comprehends
two icl- a s ; that he must have
seen and understood the treason
able matter. To one of these
points, Mr. VV. is called upon to
depose. If this be established,
who knows but the other ele
ments of th? crime may be gra
dually unlolded t Mr. Mcßae. I
did not tirst ask if he copit I,
then understood it. But first if
he understood it. Had he an
swered this question in the affir
mative, I certainly should not
have pressed the other question
upon him, because that might
have amounted to a self crimina*
non. Mr. May. I will simply
ask him whether he knows tnis
letter to be written by 13. or
by someone under nis authori
ty. — Air. Williams. He refuses
to answer .■ It might tend to
eliminate him.
The court were of opinion that
Mr. Willie should answer upon
oath whether or not ). thought
that cmwering the proposed
question might have a tendency
lo criminate himself.
Mr. Willie replied it might
criminate him in the event of a
certain case.
Here a long and desultory ar
gument ensued, which was ter
minated by a promise from Col.
B’s counsel, to pioduce their au
thorities before the court to
morrow, to show that Willie
could not be compelled to answer
such questions as might m his
own opinion tend to criminate
himself.
Tuesday, J !trie I®*
A Coon a* the court mer, Mr Hay pro
duced *od read the following letter from
the President of the United States
Wajhimgton, June 1.6,1807.
Sir,
Your letter of the 9th is this moment
received. P.eferving the neceffarv right
of the President of the U S to decide inde
pendent of all other authority,what papers,
coming to him as President, the public in
terests permit to be communicated, and to
whom, Ia flare you of my readiness, im
-1 der that reftriCKon. voluntarily to furnifn,
on all orcafions, whatever the purposes of
Justice may require But the letter of
Gen Wi'kiinon if O-ftober *l, -equefted
for the defence of Col- Burr, with every
other paper relating to the charges agamft
h'm, which were in in my pcfTcffion when
the Attorney General went on to Rich
mond in March, I then delivered to him;
and I have always taken for granted he
left the whole with you. If he did, and
he bundle retains the order in which I
had arranged it, you will readily find the
letter desired uncer the date of its receipt,
which was November 25; but left the At
torney Genera! should not hare left those
papers with you, I this day write to him
to forward this one bv pod.
An uncertainty whether he is at Phila
delphia, Wilming’on or Neweaflle. may’
produce delay in receiving my letter, of
which it is proper you should he apprised.
But as! do not rccolletft the whole con
rents of that letter, Im* ft beg leave to
devolve on y u the eirreife of that and f
crction, which it would he my right and
duty to exercise, by withholding the
communication of any parts of the
Utter, which are not di. cdlly material for
the purposes of jiftice.
With this a plira'i n. which is fpecific,
a prompt eomolianre is pradlicsble; 1 ut
when the rrq'ieft goes to * copies of the
orders iff ed in relation to Col. Burr, to
the officers at Orleans, Natchez, a’d by
the Secretaries of the Wat* and Na-v De
partments, it Teems to c T-r a ro-refpon
dettep nf many nont’s withsu n h a V iri-ty
of officers, e vil and military T* ov-r the
U S as w uld amount to ih laving
‘h- whole execu-iv? books. 1 hare and fir
ed the Secret-try a- War, to examine his
official c mm-mica-ioa*. aid on a view of
thefc we mav b” able to ju Ve what ran
and ought to he done to vards a com. It*
anr- with the reqieft. If the deft n lant
allcTre- that there wrs anv particular or
de- which, as * caofe, nrodtired any par
ticular adl on Ids part, then he mufik ‘>w
what this o-der w % can fpecifv it, and a
promnt anfwcr can be given. If
had been foecifi and, wt might then have
had f .me guide for our conje ft w s as to
what part f tie executive r-eord< might
he ufitful to him. Bo', with a perfeA
willingrefs to do what is right, we are
without ’he indications which mav enable
us to do it. If the researches of the Se
cretary at War fit uld prod tee any th'ng
proper for communication, and pertinent
to any point we can conceive m >h*
defence before the court, it ftlaM be fnr
vv rded to vou. Ifalutc you with cfleem
and refpetfh.
TH. JEFFERSON.
- Ceoroe Hat, F.rq.
Rome conv*rfa‘ion ensued about the
fpecification of the papers wanted from
the txe'urive. Mt. Hay stated, that in
his communication to the President, to
which this letter was a reply, he had men
tioned ih-papers ; n those terms, in which
he conccivrd it w mid be raoft likely that
th*v would b* deferibed by the opposite
con if I. It feemedj however, that the
P’ ffiilent did not conlider this defetiption
as futfi’ient Col B's counfct then slated
that they had sent an express to Wafhing
to fur t’ efe papers, with a fubpatna to the
Prefi.leat, and that it would apoesr on
the return, whether they could obtain such
papers as they wanted.
Foreign Intelligence.
NOR7OI It, tunc i.
Cant. Haynes in the fuft failing ship
Woudrop Simms, arrived yeftc. day, in 31
days from Guernfty, has p ditely favored
us with a file of London papers from the
23d of April to the 9th of May, and
Guernsey papers to the iSth of the last
month.
in England the Parliament has been dif*
folvcd, and the new elections are going on
with great Jfpirit, hut apparently both in
Engl nd an l Ireland, without more than
ordinary violence and tumult, except in a
few infl luces. Ii is not pofiible for us to
fay what will he the result, but from the
few returns that have been made, we think
tha new tnunffry have gained ground
Mr. Sheridan we observe has been forced
to abandon his prttenliong to Wcfimintlar,
and has been returned for a small Borough
under the infl ence of the Bedford family.
The parliament was.prorogued on the 27th
of Ap-il, to meet o > the 3th of May;
on the 29th of April, Parl ament was dis
solved bv Proclamation, and the new Par
liament ftisnm >ncd to meet on the 2td of
this month. Tbee'e&ion for the Scotch
Peers was to take place at Holyrood House
in Edinburgh on the 9th of this m mth.
i'lie official a-coums of the operations
of the Br tiili il et before Conflantinople
hadre-ched London, and as to'.he rclult,
are p iblithed in this paper; further detail
ed operations of this expedition wil! he
given hereafter. Nothing can exceed ti e
chagrin and resentment which shis circum
fia-ce lias neealioned in England, and fc
rious cuquiries aae talked of. From the
view we h ive given of the fubjedt; it ap
pears to have been an expedition badly
digelled, and badly executed.
We do not perceive the imalleft notice
of the treaty with this country in any
of the papers received by this arrival; in
fiiort: the affairs of this country, are no
more noticed than if there had been none
madr; hut this we account for in the ex
pedded change in politics which the new
Parli ment will produce.
Affairs ofi the continent are detailed as
far as we wer ena’ led to give them in
this clay's paper, from which it dees ap
ih h nothing mp r ant had occurred
between the two Grand Atm'es. dhe 7oth
bulletin, dated the 9th of April, at Finck
en (lein, is the la'eft account publ fired by
the French. An account reached Lon
don the 6th of Mav, that a grand battle
hid been fought in which Bonaparte was
defeated with great lofs,and was wounded;
this account came from Holland a p d Ham
burgh b” private le'ters, and though not
eontradidted at the date of our lafi papers,
was not much credited.
The continental Journals continue to
speak with confidence of peace,or at lead of
negncia'ictSljipder the mediation of Aus
tria, who de ernvned to p rfue the
fyfi.em of ncutiali'y which fire has . and -pted.
Wheat in conliderahle quan ities was
daily arrivirgin England from France, in
neutral vessels. Pri esthe Bth of M y, at
Mark l ane, fine wheat 78s so Rxs per
quarter, fine flour 60 to 6,;5. per fck of
10 quarters; the American barrel tfxs. to
4js. and very abundant.
LONDON, May 7.
Intelligence of a very fatisfatftory na
ture, ref eeftingthe condition < f the allied
army, had been received. The reinforce
ments on their way to the Ruffian army a
mnuoted to upwirds of lco,ooo men, the
greatest p>rt of which w s expeft-d to
join it bv the end of last month. Ihe
Grand Duke Conft intine reached the ha ks
of the Niemen on thc2dult. at the head
of the Imperial Guards, 52 battalions of
Infantry. 37 squadrons of cavalry', and 93
pieces of cannon Another corps of 12
battalions was on its march from Riga for
the f ime destination. The army of reserve
col edt'ng in Lithuania amounred. at the
beginning of April, to 3° squadrons of
hors, and 54 battalions of infantry.
His Imperial Majesty left Memel for the
Ruffian head quarters oil the 4th, having
remained there but two days. He was ac
companied as fir as Georg-nburg by the
King of Prussia. We understand the em
peior Alexander jo ned the army on the
fitli, an tin two or three days af'er pro
ceded to Lithuania, to infpeeft the atmy
of reserve. Hi return was expedl. and by
the midd eof aft month
T e inhabitants of Royal Prussia dif
pl ved the 1 ighefienthufiafn in thecaufe
cd their sovereign. Several battalions of
Infantry of the new levy had joined the
corpi of gen. I eftocq
This morning we received feme letters
from Holland Th v recount, in fume
measure, for the insdt vitv of the main ar
mies in Poland. The French, it is (aid,
were very much in want of officers, par
ticularly thofrof high military ttputation.
The absence of Angereau and Lasne-, the
fo'mer of whom retu'ncd wounded to
France, and the lauer as (late prisoner, it
was supposed would be fu; plied by Mac
donald and I,ecourbe, of whose great ta
lents, notwithstanding their known at
tachment to Moreau, Bnnapare found it
neceff.iry to avail himfelf. Itvasfupp f
ed to he part of Benningfen’s plan to throw
a considerable force into Bonapa te’s rear
before he rificed a general engagement
The advanced posts of the French were
extremely harrafied by the Ruffian irrpgu
lari;. With the exception of Murat 6c Maf
fena, it is said there is not a general officer
in the French army who approves of Bo
naparte’s determinati’ nos carrying on
the war at the other fide of theViftula
The disgrace of Lrfnes is reported to be
owing to his having remonstrated, with
an energy that wssconfi lered as derogating
from the high refpedl due to the Fmperor,
against occupying any part of Poland.
Miv 8
The news from Berlin is of the 25th
tilt. In n ne of the Continental Journals
is there thele fi information tefpedtii g the
p .fition, operations, or probable intentions
of the armies on the other fide of the Vis
tula.
l hemilitary operations in Silesia have
afli med a gi eater degree of adhivity than
has been the case for the three preceding
months.
We have reason to hope that the Turks
have fuffe red a signal defeat on the Da
cube.
We have received the official aceotint
of tbe armistice which has been concluded
between the Swedes and the French, in
confrq ience of the recent fuceeffcs of the
latter power. It appears that the Swedes,
after the advantages that they had obtain
ed in Swedish Pomerania, pursued the
enemy with too much confidence, and
upon being suddenly turned upon by
Marshal Mortier, received a severe cheek.
The terms of the armistice bespeak the
panick of the Swedes ; hut if we may judge
from the manner in v> hich the first article
is inserted in the Swedish Gaaette, it will
not be ratified by the King of Sweden.
We arc much inclined to doubt the zeal
& loyalty of officers,who without authority
couid thus disgrace the arms of their mat
ter
The dispatches in ihe Gaaette of Tues
day, from Adm ral Duckworth, now puts
us in pr ffeffion of all tlie circumstances re
fpxiftieg the failure of our attempt upon
Conft intinople It is impossible to read
the accounts without a conviction that the
force was totally inadequate to any impor
tant operations. The utmost that even
credulity could have expected from ft was,
that the 1 urks would he so terrified by
the appearance before C onflantinople of a
B iti 111 fleet of any fort, that they would
fibmtto any terms we might pr'p fc,
without daring to m ke the least resistance
But as this was a preemption, especially
confiderirg the terms which we meant to
ditftaie, wuich it was unfa e to ri ly upon
with abs lu e certainty we should not It ve
1 ilk and the humiliation of the Britifli lb et
in citiuinftances when, if refifia ce was
off.red, it would be uereffary for tln.m to
confute their fafety by flight. The parti
sans of the old miniflrv firongb a fi„
their 01 del s have not” been obeyed w 1
tnift an enquiry will be made on tV , l’
jetft. that tt-e public may rigl,.| v ,
ftaud 10 whom the failure of this dLra-T'l
expedition is to be imputed. f ’ L ‘' l
The Mercury, Davifon, from ,
arrived in i eith Ro,'. on Friday S’
bhe faded from the Sound on th c -m
at wuich time no accuunis had be™ S
reived of any eng. g - mciH | )ctWl , tn
French and Ruffian a-uves;- -hough a,;,
rxpeaed. The Ruffian&Pruffi * J
lifted ot) 22,000,& theF.alch9o.ooo Theljt’
ter was in a f'r mg pofit.on, ffut. ut w? .<
to move, as the Ruffians were only wa'ti
fuch an opportunity io m ke their aitaA
Several attempts had been a 'e by f-V
parte to negotiate, but the*, were all j*’
j deft. The laid was addressed to Z
Pruffi in Maj .sty.
GUERNSEY, May 16.
Wej’iil learn, that a tele
graphic difcatch ha i been re
ceived, which artnounces that
a riivifion of cur troops under
General Moore, took pof.
feffionof Alcxand.ia on ih>
March.
FROM THE LONDON G \ZETT*
af Jmirahy-Office, May 4, 13,,.
Extradl of a letter and its incloflra, whitk
h ive been re eived at t’ is O r -ce fm n
Vice-Admiral !,<>rd Collin- wo-d en'm
m -nder in chief of his Majeftyft ft;,, 4
vessels in the Meditaranem a'dreffd
to Wil’i m Marfden. F-sq. and led on bwd
Ins Majesty’s ship Ocean, off Cadi*, tbe
3th of Apni, 1807.
SIR,
HI 5 Mu jelly's f] hop L'£j.
poirhfts joined meto day,bring
ing intelligence ftotn Vice Ad
miral Sir John T. Duckworth
and Mr. Arbuthnot. Crpies
of the Vice-Admiral's letters to
me, detailing the proceeding!
of the fqaadron in paifing and
re-paffiog the Dardanelles, ’.he
btirt.ing the Ttitkifh Blips,
which lay off Point Pcrquies,
wi h iifls of the killed Sc wound
ed on the i g:h and 27th of Feb
ruary, and 3d of March, are
herewith 1 run {'mined.
I am, 6cc. COI.LINGWOOD.
Ftyal G%#>'£/, •without the Ddrdaririlet,
MY LORD, March 6, i&;.
‘Together with this freet, I
tranfmir to your Lorcifliip Uvo
letters of the 2iff and 28th ulti
mo j the former of which will
have informed you of my ar
rival with the fqnadron near
Conflantinople, and the latter
of an unlucky attempt, in
which the marines and boats’
crews of the Canopus, Royal
George, Windsor Caltie, and
Standard, had been engaged.
It is now my duty, to ac
quaint your Lordship with the
result of the resolution which,
for the reasons I have already
detailed, I had adopted of forc
ing the pa (Page of the Dard t*
nelles. My letier of the 21st i*
dated at an anchor eight mile*
from Conflantinople, the wind
not admiring of a nearer ap
proach ; but the Endymio".
which had been sent ahead
wiih a flag of truce, at the re f
quest of the amhaflador, was
requeued to anchor within
four miles. Had it been then
in our power we should have
then taken our fiction off the
town immediately, but as that
could not be done from the ra
pidity of the current, I was ra
ther pleased than otherwise with
the position we had been forc
ed to take, for in the confer*
ence between his Majefly’s min
ider, Mr. Arbuthnot, and the
captain Pacha, of the particu
lars of which your Lordflitp is
in possession, it was proimfed
by Mr. Arbuthnot, that even
when the squadron had arriv
ed before Conllantinopie, the
door to pacification should re
main open, and that he won!
be willing to negotiate onteint ?
of equality and justice. n
consideration of this promip
and as it would convince tnc
Porte of his Majesty s carm
define to pieferve peace, as we*