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,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*