The Wilmington Gazette

              from thj kndytrrju col jbuv's xafrfaativt t the ex a mi na tfion f€<»l«ftel aaron enrr which commenced in piivate at the eag'e tavern in this city on monday laft wa'i continued oil tuef dry at the cap'tol before the chief jnllice of the united states and in the prefence of an immen(ea(tfmljl'age of the citi/cnj colonel burr had been recognized tpappe^r at to o'clock at half past ten he o'relpojed himlelf before the judge aiid.wuh fome degree of emotion apologised for the appa rent delay declaring be.hftdmifappre hewkd.jliebouf at hkj»-bp wm bw^l to atnear the judge then adjourned from fhecoutt rubm.to the hall ot the houfe of ilelegites far the greater ac cornniodation of the tpe^»aw>rs great compiamt hk ; been made a bout ike private fxamjn n nel<l •* the eaglf sonne.'have branded it wtrh theepithet of alcctet lnd«inpfeceden ted pro^eedin not iiintilju inc p o f'b of a spanifh i'ltyijlitiou tlw '»♦■•, a?e bifaft be that w.i-.ea.oie attorney for tbe dioria tpp 1 lo lbe chi ** juitice for a warrant cnme converfa tton enfued on the manner of examina tion : mr marshal obferved that it was indifferent to him w-hether it vra held a.t the capitol ov the eagle mr h*yot>je&ed to the la«ter that no room was joffictently rarge to receive the ' crowd that woulhatientj which would btr't fbtirce df cohfideijable inconveni n.ce mr m abfejvej that this dif fituliy would be obviated by having the examination in priwatth to which m^.ii.^affcntcl o«4lie.eiiwjuion that if there wcrp a difeufloo by council they fhuuld adjumic n ♦»• capitol the itlence to be adduced waa alrcd dyb«*«»elh#pumk oil he imi ration it wit agreed tnkt * difctrffion wvfneieirarv mr hay then moved for n adjohrhmeivt'id khi cipwol tn which arrangement cqlonel biir councitimtnediaicly acqtilttccd . m r r hay attorney o>,,{he uniied 4t»te in the diftrift of virginia bpci q the exinmna,tioij rul in a fpeechof ktajjength and perfpicuiiy ent.-iced thercafoni.'»tiieh u«i(|cm him to tt motfcolonel burr guilty of the char ges alledged a»;aii»i»wiin mithefc we»a i«e fame as llated in the lad enquirer ir ill the letting on foot and pro iiding the means for amilitwry expedi tisjn*jflpftiilt the territories of a nation av peace with the united slates ; and 4'vzi for higl tftf^fon igaintt the u siiies e/«ii«)buck<lpne:s.gptiwnenta«iea iftjorf^ai >•' on lafflwiiiwdlmi fli wmmu a perf n;apcmfert u a nme notlimg m.qre wj h«q*fl»rf t)»an tp aew a probability that he had been nitty of it to roqulire hioic in this incipient flag of the prnrriedinga pa«j ticular'y in a country of iieh thin po pulation and extenfive ierfitorivs at rhe united states would be to hold out an invitation to perpetrate crimes with a certainty of avoiding puitilh ihent in fupport pf thele charges . the refliftiony of cjsherat eaton ; the ilepolhion of general whkinlon and li)e^ifelocurcs made to him - by bull man and swart wout were relied on the trealvnable iuteniions of colonel burr being ckarlyellablilhed enough appeared to render it highly probable that he had committed the overt a requited by the conftituiioit to confu rn.ue the offence in addition to thil tclt ; mony his aighi from the miflif ft;>pi teriitory and the evidence of mii««r perkins by whom he was con duiteil from the 1 ombigbee where he waf apprehended to this pla:e hating his attempt to appeal to a magillrate i the llaia f south carolina were nd.luccrl as ftrong circumaancea to prtiyp bis guilt mr hay adduced other reafons for a commitment ; amon(?«bers that the executive and le«ilbn of ohio and kentucky had fjntlioried by their own a the probability of pome trea fonabjtf c-<tif|>iracy • - • - mv b>r attempt to efeapa from th**an.»!i of his eft orris thu reprefen . ted : in parting throuch the town of chelk-r in s c the firft town of any fi/cihat they vilitetl mr b fuddenly alighted frum hit horle ami threw himfetf among the mall crowd which hailco leflrd m fee the cavalcade he told them thai he wai a burr drag ged by a military elcort without any warrant and contrary to the laws of his country major perkins how ever imiscdjately followed j feized ami replaced him upon hi hoifo the crowd manifotted no difpothion so in tcrtere in the biifinefs mr wickh**n in aehalf of colonel burr combatted with great ingenuity te arguments of mr hay he con tended that tacts eoablilhing the guilt df the accufed ought lo be proved be fore any inference of'a ueafohabie de fign can be drawn iff ai e»e n to war rant judge committing for trial that the evidence in thit cafe was alto gather uncertain and illegal that the lepofitioci oi general eaton contained iia owo mf.cnndemriation tn«l that the ight of colonel burr at it was termed by the cotinfel for tht profecn tion was nothing more than a with to avofd military profecution mb rea foiu he contended exifled why the u states were unprepared with teltimo/iy they had chofen this place as the fcene ofa&ion and dragged colonel b.urr tyit sufficient time hadelapfed fince tbe avft apprehenflpn of col burr to t»k affidavits lending to prove the f*a charged if be had really been guilty i mr randolph on ihefaroegde made an eloquent addrefi to the feelings of the audience & pmfued nearly rile fame train of reafontai adopted by mr witwiarn < colonel burr's cbunfej aflerted that hit objefls were of a nature t6 be ufc tutio tw united srati-s as far a tbey ventured to develops them it was fawl to be his intention to ajtiil the u ni.t«d s'atfs in c*fe of a war wiih spain which coated i that time a probable event ; amt lo fettle the ou achita'grant from wbich point it woum fee at lead in the power e-r cwl burr to be a ufeful auxiliary to hi country againlt its enemies ' colonel burr then arofe ami addreflt ed the judge he principally relied on his o former arqurtiits and enqui red whether there wait probable caufe l9,rii>pufehiingujljy when in ken tucky > rd lne millillipjii territory where tbe gieateq al.mn had been c*ci ed the civil utbun*u had pronounced hiaa innocent fcbi burr fpoke about tetrminutet he dwelt upon the unfounded a tarms fas he called them which had ex illed in b w.couqiiy ; and the way in which he had met them the alarm prevalent in the state of ohio had produced a judicial enquiry into hit condud before the court f ke.iiuckj the moment he heard of this ftep ho bad hurried before the court : he deman ded an enquiry ; nd he faid war ilia ttorably atqiiit'cd »■ < thr fame larm fjllowevi hi to ll>e miffitfmpi terri tory : he there met it a^a-in ; and not only had the grand jury found nothing agiinfl him but they hid even prefen ted the povernnient lor meddling with hjrn he denied he had ever fled front the laws ot his country : it was mili tary opprellion he had avoided al though co'wles mead had promt fed him his protection while he remained in the territory it wa apromife which could not be kept the arm of foiec was too lirong he hjd been told even by the officers of an armed boat lying at natchez that he was to be fcised hurried on board and borne off what cotiu.hedor in p.ir nance of big own judgment and the advice of his bell and wifelt friends ha wan de termined to fly fi us h f purelfion he declared it to bctaift utterly falfo that he h*-i broken hit recognizance — htcfutttd thai his defigns w«t ho ntf£«m aoii woti'«l h*ve been tri'cftrt to the united state but cveu admit ting that they had been other wife they mult have been long fince abandoned : they had not onre ripened into overt acts there wa no 1'reafon he complained of the treat mm he h*d ex perienced : his lof . of property irom feiiuret on the wtflein rivers the hardlhips he received from hit guard ; debaireit the ufe of ptn irk and pa per ; even to write to his daughter he dwelt upon bis effort to eft-ape in south-carolina he faid it as a mere ' attcmart to throw himfclf out of the ty ranny of a military efcrrt into the hands tit a civil magistrate a little beforeor after dismounting from his hrirfe he aflted whether he hat not called f<>r the interference of a magff irate he fpoke as to the alarms of of new-orleans being conftdered as a probable evidence of a treafonable con fpfraejr thole alarms were h«it pro duced by him but by others ; bv the prtfideni who had alarmed tieh wil kinfon and gen wi kttifun who had alarmed the city kefpectint wil klnfan and e*ion he made but few ob firwioni he called the depitlitiont produced before the four , a par el t crudities which he mbum not prerend to be able to underlland.j mr rodney the auorney-genrrari for the united spates dofed the argu menu tlrn exordium ekprrlled tn a rooft fenfiblc and impreflive manner the regret he felt in bcinj ci<mpellr<l to arraign a man at a traitor whom ih people of the u fed states had on e etevfted to the arcond olficein the gn ' vermnent i n difculfing this paniciilar qiieftion he took marly the la-no gtound'whicli had been occupied by mf hay but went more panicular'y into art examrnation of ire tcftimuny when the afcumenta wefe gone jhrmirh the cliitf • itittice obferved that whatever opinion he might give upon this fubjeft he wi<hed it to tc in wri ting he would accordingly adjourn till the next day at eleven o'clprk for the purpofe ot having iiinc lo confider the queltion on wednefday the firft of april the judge attended ana in the pretence of a very numerous affw-mbly , gave the feul lowing pioie-n i yuitge mctrshncs opinion aa m . j cfimj.taja-t lam required on iheaartof tbe aitor ney for tne u state to c»maiit the accu sed on two chari;as 1st or selling on foot and providing the means fur an expedition u^aio the territoriei of a nation al peace with the uhitcd states sd for conimiiting high treason a jaiotf the united sute on an ajipli calbn of thii kind i certainly should not fwqutre that proof which would be necet tity to convict the person to be commit ted on a trial in chief ; nor should i even reqiii that which should absolutely con vir«c4e my own mind of the guilt of the ac cused ? but i ought to ruquiraand thould require ; that probable cause be shown and i understand probable c»une mix i cue made out by proof fursiiihinit rood reason to believe that the crime alkclffed lias turn committrd bv the pei'ton clia l ed with having committed it i think this opinion entirely rcconrilea ble kh that quoted from judge hl.uk stone when that learned and accurtbta conwentaior say that " if upon an en quiry it manifestly appear that no such crime hat been committed or that the miftpieion entertained of the pruoner waa wholly groundleai in nueh ca«e»only it rs lawful totally to discharge him : - other wise be must be committed to prison or jrive bail ;" i do hot nndemtaiid him »% meaning toaay that he li»nd of matlttni ty may f^rasp any individual ag4ia*t wham its hate may b divected or whom it m»y capriciously teiat charge witji tome e rrel crime and put him on the proof qt his innocence but i understand that the foundation of the proceeding muvt be a - probable came to'believe there it juilt ; whieti pr*m»te e^t u«*ty to he <!•»• away in the manner tatcd by lilnckitutie the total failure of proof oo llie part of tile accuser would be considered by lh*t writer «» being in itself a legal munifts taiion of the innocence of the acciued in enquiring therefore iulo the chnr k»s exhibited ajjainit a burr 1 mulct n self bound to consider how fat these i har ges are supported by probable tuus.e the fit-st charge stands up<.rt the tes timony of general eaton and gen vv il kiits>i the witness first named prove that amonjj ntiier projects wh.ch weie mofit criminal colonel burr niecliiated an tx peililion against the mexican ttomwimi ot spain this deffoottiort nmy tveeoni ilriedah introductory to die affidavit if generitl wiknison and as explanatory < f the objects of any miliiaiy itpaikiion which may have been muctt i proa cd then to thai uq'utavit to make the testimony ol gen yvil kin-on be.iron oloml i nrr it lalhiefm nry to consider r.s genuine the letter ha led l the former in he as neaily s ho ran niakt it an interpretation ot one u ceivtcl in cypher iw>m die la^.vi 1 h rlude ilu letu-r and nt>thing remains in the le-tinvmy vr'.irh can in tlie ttk.si rtt mote decree afl'ec cofoisel 1'uit that there air to the artmissi1 my i this part ot the affidavit rrut and cbvtiiifs dbhreo lions nteil not be stated to ih"«i w i r know wih how riiiich ran'.ii n pi or edirps in crimin;il ca-es on tit to be inrin.i t at'd wliolu.ow that llie hiifhe't t r 1 1 i ; i . . t of the united states hm hern divided on them w hen this jutrtion came befcuo t>e ( ourt 1 felt the full forte ol tlie«e objtct'oni alilirnch i cdi'l m yield to them on weinhinu in niv own mind the rcasftn for and akainst acting in ibis ftm;e of five t>ii*>inesv on ihul part tit the affidavit those in favor ot doing o appeared to nie tb preponcirrate and as thu np.nion «»• not o»«i i vikd i hold my aift vtm t liberty to conlornt o it p that the original letter or a true copy ef it i conipmnled by the cypher would have been much more mtiiifactory unnt t'p be • e ird ;— but 1 thought and i stilt tfttni that upi.n a mere question ht llu r the i cu«ed i>hall be bruuuht to trial or rjbi up'.n an enquiry not into guilt but into the probable cuute the omission of a eirctinimanre which i indeed important but which does not disprove the po-iu\o allegations ut an affidavit oujjht not to indacc it rejection or itt abtolute ditbe tief when the maker of the affidavit is at too i;reat a distance to repair the f.iull 1 could not hi ti.id iage of the pro*e ution absolutely rtneredifihe fli<lavit bicausd the mai^n.it facts arm^cd nj.y very well be vrirhrh the knowledge of th witness although he bus failed to btwte explicitly all the nieank by which this knowledge is obtained thus general wilkinson state that this letter was icrrived iiom colour i flu r but does not ay that it was"*tii bis hand writing noi does he state the eiiiltnce wh'ch uppf)rt this nffirmati n but in adih ion to the circumstaixe that the p sitive assertion ol tlie fact might not per haps in thi«sii(rc of llie enquiry to la disretjaidetti thi nature of the case far nithe that evidence the lerei was in cypher gtn wil kinson it is true does not any that a cy pher had been previously sttiltd bfc:wein coiqiri burr and himself in which they tr.ipht cnrrrspnnd on sobject-t which tho innocent neither of thttn niirht wi»h to subject iq the casualtits of a transport j tion fiom the a'lmnic to the munissippi ; but w e ' we perceive that coonel burr has written in rypher and that itntrat wilkinson is alrle to decypher the letur we n list either pre ume that the btarrr f the letter was also the brbrtrol iu kty r that the kry wusj pnvii.u in posses ston of the person to whom lite letter was addressed in stating particularly the f ircnmsianr es attendini the delivery of tliii u'tfer ctneral wilkinson iloea not say that it was accompanied by tlie kty or that he ft it any itirprize nt its beinr in rypher i'or ihis reason s well us be chuie there is not much more security ir - sending a tur in c jer accompimirrij by it ki-y ; - i think it more i«a»onuble to suppose that the key was previously in possession of t.ertval wilkinson if this was the fact the letter being written in a cjpbe previuuwy ciikdbtwocn fains the wilmington gazette published every tuesii:.y by allmakd hall at three dollar a tear payable in advance or four dollar if not paid within a year llth year wilmington n c tuesday apil 21 1807 «. _ . . . , i •- x a -- .___ xumqeu 537