The enquirer — Richmond, Va., 1807-08-11 00:00:00, page 3

has n<>t yet rome out completely with his decla
rations. Let him be further interrogated.
Mr Htiy uherved, that the quill ion would
even he too general and vague, if it were ever
to be—“ have you cxprelTld ai.y opinion, on
the treafon of A. 11.” ior the cafe dated in the
indictment was iutiuitely more fp^i.ifie . 1* was
treafon in levying war againlt the U.S. at Blan
nerhaflVtt’s Ifltnd. Unlefn this particular alle
gation he pinveJ,it defeats all the otherlparts ol
the accuiation ; & it was probably on this point
thar the juror had never made up any opinion.
Mr. Martin contended that it ua* the pro
vince of every juryman to come to any cafe
■with the molt pciteCt impartiality; and more
particularly in one, where life ar.d reputation
were at flake: that it was a libel upon Virgi
nia, a blot upon the whole date, to aflert that
112 men could not he found to decide fuch a
cafe, with no other knowledge than what they
bad picked up from newfpapers ; that there wai
a material dillinftion between t* is and Callen
der’6 cafe ; the libel was a book in evety man's
hand ; but does any juryman in the prednt
*.»fe pretend to know the teltimocy on which
this charge depends ? The gentleman pmpof
es to afk the juryman, whether he has made up
ah opinion on Col. B’s treafon : but it is ex
tremely probable, that mod of thorn know not
what treafon is ; and though they may decide
upon the guilt otCol.B. that they may be ig
norant, whether it coined under the name and
l defeription of treafon.
Mr. Botti quoted authorities in fupport of
l»is opinion : 3 Bacou S58 ; a cafe from Haw
Liu’e ; -the calcs of Smith & Ogden ; and Judge
Iredell’s opinion in the cafe of Fries.
'l i e Chief Jttfliee nbferved, that it might
favc tome altercation, if the court was to deli*
ver its opinions at the prefrnt time ; that it
was certainly one of the cleared principles of
natural juftice that a juryman (houldcome to a
trial for life with a perfect freedom from previ
ous imprc(Tions ; that it was clearly the duty
of the court to oolain ftich men, if it were pof
iiblc to produce them tree from fuch bias ; but
that if it were not pollible from the very cir
cdmdanccsof tin cafe ; if rumours had reach
ed aim p:e-poflell rd their judgments, dill the
court was bound to obtain as large a portion
of impartiality a3 pcflible ; that this was not
more a principle rtf natural judiee, than a max
im of tnc common law, which we have inhe
rited from our forefathers ; that the fame right
was fccurcd by the conllilution of the United
Stales, which entitles every inan under a crimi
nal! proiecuiion to a fair trial by “ an impartial
jury.” Can it be laid however, that any man is
an impartial juryman, who has declared the
prifoncr to be guilty and to have deferved pnn
ilhment i lr it be faid, that he has made up
this opinion, but has not heard the tedinrony ;
fuch an cxcufe only incites tuc cafe worfc ; for
if the man nas decided upon infylnoient tedi
reony, it manifeds a bias that completely dif
quahtics l.imfelf from tire functions of a jury
man. It is too general a queftion to alk. whether
he has any impivtli >us about Col. If. The im
preilions may be to light, that they do not a
niount to ai. opinion of guiit ; nor do they go
lo tiic extent of believing, that the prifoncr de
lcrves capital punishment. With relpecft to
hit. Bafl’ett’sop.ir.on, it was true he had read
“ uw Prolpedt before us and he had de
clared that it w :s a libel; but Mr. B. had
formed no opinion ab-iUt J. 1. Caliendei ’» being
the ..other. 1. was the lame principle in the
prelent cafe. If a juryman was to declare that
tnc attempt to alchtcve the difmemberment of
the union was ireafon, ’it would be no com
pi. lc disqualification ; but it would be the ap
plication of that crime to a particular individual
—it would nc the fixing it on A. B- that would
difuble him trom lerviug in his cate. Let the
couo.cl then pmcceJ witlit e enquiry.
Mr. h'jtu. Have you fuel that Col. B. w.m
guilty of trc.ifon ? Mr. liu by. No. I only
declared that the man who acted as Col. B.
was iaid to have done, defcrvtd to be hung.—
D»d you believe, that Co . B. was that ;
ui^., ? A. I d.d, from what I had heard.
Mr. Hay. 1 underhand then, that the tjuefli
oti propon d lit Callender’s cafe is to oe over
ruled i C. J uftice. My brother judge does not
recoil oil whether it particularly went to the in-|
diltmeut. Judge Gtilfin* I think the queftion
was, ‘-reia: • to the matter in iiTuc.” Mr. J
Hay. The vciy pofitiori that I have laid down.
C. Jultice. The limple qnrfim.i is whether the
having tornied an opinion not upon the evidence
in Court, but up >n common rumour, a man is
competent to decide upon the rial tcltimony of
the cute. But in my opinion this very circum
ftancc only difqualiries him tnc more. Mr. W>rt !
(add:filing Mr. iluekey.) D d I underftand you
lo fay that you concluded upon cert in ruinoTb j
you may have heard, that Cm. B. delerveJ to
be hung ! A. I did. Q. Did you believe thefc
rumours i A. I did. Q>. Would you, if yen
weie a juryman, loim your opinion upon luch i
rumors i A. Certniidy not.—Mr. MlRae. Did j
you foirnand cxprtlo your opinion upon the
queftion, wbcihet an overt ait of trcalbn had j
been committed at BlanneihaflVit’s ifland ? A.;
It was upon other rumours; and not upon j
that, that I had formed an opin.on.--Mr. Mar-1
Sm fub nitted it to the court, whether he could !
be coniidtred a<> an impartial juryman. The
court decided that Mr. Butty oe put afide.
a James G. Lai.Hey ftated, Hat he had to: med
and « xprelied tome opinions unt^vorabie to Col.
B. that he could not pretend to decide upon
the charj.es in the indullmeiit, which he had j
not heard ; that he had principally taken his o-1
pinions from news paper liatements ; and that
he had rmt, as far a» he reco.irded, cxpriffed
an opinion, that Col. D. deferved hanging.—
Mr. LuiJLy put
‘jutats Hamilton being challenged for
rauie and fworn, lUtcd that he had formed
.ami cxfjretfed ait opinion from hcarfay, that Col.
tvas guilty of Ui-afun, and in that particular
lint of treafon, m which Col. B. flood charged,
at far as he undo (food. Put af:de,
ftlr. Burrobtferved, that asgentlemen on the
part ol the proleCiit*uu hid txpicf.'.d a willing*
fiefs to have an impartial jin y, they could not
rrfufr that any juryo.au ilmuld Hate all bis ob* I
jell ions to himlelf; and H at he hail no doubt,
in (pile of the contrary atliftions whch had
htrn made, that they could get a jury from
this panne).
4. Hamilton Mor rif on upon being cril'ed, faid,
that lie had mq tently thought and declared,
that Col. It. w;,fc guilty, if the Rate merit a whicli
lie had heard w< re true ; tnat he tliil not know
whether they wen fo ; Hit only thought from
the great clamour which had been made, that
it might be pufli’:e they were true ; that he
had not palled any pod live opinion ; nor was
he certain that he had a!w,.yi qualified it by
faying *• if iltefctnin/b wt ie tine , thatl.ctiocs
not r.c. Ut<*l to have laid that Col. B.ought to
I c puriilhed, without Rating at the lame time,
••*• n he whs y<niiy.”—Mr. fvlorriiou was put a
iiidc tor further examination.
5 TaUi T. Lt/h-wi 11 had terrmd and cXprcff
a-d an opinion, from the reports he had heard
liiiitC 'l, B- mud be gudiyof High Treafon.
£et njidt.
0. Jtieal IPrfon declared, that he for fome time
j-ill had formed an opinion, a* will Irorn new I
\ ip<*r puiil ratiotu as from the boats which
i.j'd been hunt on the Ohio, that Col. U. was
piiilty; and that he himftlf had home arms to
lupprefs this infuric‘tion. Set ofuie.
7. ' William Prince declired he had nearly the
fame imprr(lions as Mr. Beefon : »that he too
had borne arm* } as will on UlannerhalTtfU’*
•n.md as on defccndin;* the river in Karen of
BlanncrhafTett. Set ajlje.
8, Nimrod Saunders declared that he bad ex
prcflVd an opinion, previonlly t«> h s being fum
rnoned on the jury, that the prifoner had been
guilty of treafnn. Set afide.
0. Thomas Creel had iio declantion to make,
and was challenged for caule. Upon being in
terrogated, he fi tted that he had never ailerted
that the prifoner ought to be punillied, that ue
had fanJ that he was a fenliblc man, and if there
was any hole left, he would creep out of it,
that he had conceived that Col. Burr had ft
dueed Rlannerhallcit into fome a£ts that were
not right ; that he had never pofitively fiid that
Col. Burr was guilty; that he •“id faid that
Blamierhallett was the nsoft blair.ahle, becaufe
he was well in life, whereas Col. Burr was a
defperatc man, who had little- to lofe ; that he
had never faid that Col. Burr had direltiy led
BlaimcrhaflVtt dirtily into guilt, bur only
through the medium of Mr/ BlannerbalTet ;
and that there was no determinate impreflion
on my mind refpcdling the guilt of the prifoner.
The Chief JuJiice did not think that this was
fufficicnt to let him slide, and fufptt.dcd his
cafe for further examination.
10. Anthony Buckner had frequently fa’ul,
that the prifoner deterred to be hung. Set a/tde.
11. David Creel had formed an opinion from
the (tatements in the newfpapers, and if thelc
were true, the piilbner was certainly guilty:
He had expreircd a belief that lie wae guilty of
the charges now brought againft him, and that
he ought to be hung. Set a fide.
Jnrcrs from the body of the diflriS.
1. ’John Horace Up/hazu declared, that he con
ceived liimfclf to Hand there as an unpiejudi
ed juryman ; that he had formed opinions hof
tile to the prifoner ; if opinions they can be
called, which arc formed from mere newfpa
oer tcftiinony. Mr. Burr. We challenge Mr.
Upflia w for caufe.
Mr. Hay. Then, fir, I mod ferioufly ap
prehend that wc ihall have no jury at all. 1 fo
Itinnly believe, that Mr. U. is an impartial ju
ryman ; and I will venture to affert (whatever
credit my friends on the other lidc will allow
to my aflfertion) that I myfelf could do jullicc
to the accnfcd ; I believe that any man can,
who is blefi’ed with a found judgment and in
tegrity. We might as well enter at once a No/e
Pro/equi
Mr. V/ickbam. Then according to the gen
tlc-mau’s tiodlriu*, any honed man, no matter
what his imprefiions may be, is a competent
juryman. Is this agreeable to the principles of
law ? Does the gentleman mean to inliuuate,
that when we object to a juryman, it i3 f rom
his want of honelty. No, lir. Every man is
fubjeifl to partialities and avcrlions \ which may
unconfcioufly fway liis judgment. Mr. Up
ihaw Joes no doubt deem himlelf an impartial
juryman: but Mr. U. may be deceived.
After fome dtfuitory argument between
Media. Hay and Wickham, Mr. Wirtproceed
cd to a!k Mr. Uplhaw, whether he had undcr
ltood him to lay that notwithftanding the liof
ttle imprtflions lie had taken up from news-pa
per reports, thele impredinns had not received
that determinate character which might entitle
them to the name of opinions ? A. Such is
my date of mind. I have received imprejfions
holkile to Col. Burr and have expreffed them
with tome warmth. Mr. Uplhaw dated that
his impredions had been drawn from the docu
ments furuiihed by Gens. Eaton and Wilkinfon;
that he had conceived that tne prifoncr had been
gu.tty of fome criminal aft againlt the public;
and that he hadlgcnc on further to vindicate the
uonduft of thofe gentlemen who would appear
as the principal witnefTes againlt him, Sc alio of
the government in the meafure* which it had ta
ken 10 fupprefs his plan*.—Mr. Uplhaw’* cafe
was fufpended for fuqfcpucnt examination.
-. William Pope declared, chat hisir.iprtllious svtre
nearly the fame with thole of the gentleman, who
had preceded him ; that he had thought at Brit from
newfpaper representations that it wa» Col B’sinten
tiou to make his fortune in the well by the fettie
ment of lands; that when he had afterwards under
Hood that he had formed an union with Wilkinfon
to proceed to Mexico, he had regained the pnfoncr’s
conduit with a venal eye; hut when he had after
ward# underlined that there w; s t'ta on mixed with
hi# projects, it was itnp&Qible f »r him to view hit
conduit without the deepall inc>giation : If thele im
prellions could be called prejudices, he trufled that he
ihould always retain them; btcaufe w hat other lcn
linientt could he feel againlt iuch a crime perpetrated
againlt the very belt government fon the f.irlace of
the earth. But from Ins heart he believed, that he
could divclt himfelf of thefa unfavorable i npi e ffions,
and give Col. B. a fair and honourable trial. He
would add that in purfuarice of the fpirit tnanifed
ed by them, the conliitution, which required two
wimefTesto an overt adt of trealoa ; he Ihould thiuk
it necelfary to require that the evidence for the U
iiited States, (hnnld he fo Qrong as to make the fcales
prcpondeiate. h/Ir. IV ukuinn. You will not miftm
dorhand me, Mr. Pope, when I aik you whether you
have not been a caudicate for yuur county, and are
now a delegate ? A. Yes. O In canvuding a
mong the people, have you not declared tliat the go
vernment had adlcd properly in commencing this
profecution ? a. Yes. I believe I have faid gen
erally, that I thought col. B. guiity of high trealon
—Set a fide.
3. B tyton Pan Jo 'f b declared, tint it had never
been his wi.'h or intention to lhr;nk from the difeharge
of a public duty ; but that he hud peculiar obja&iuns
to lerviug on this occalioii; one of which only, he
Ihould (late, He had been enrobed and was rjuaii’4
ed as a lawyer in this court > and he would fubmit it
to the court, whether this did not exempt, r.ay even
difqualify him from ftrviDg.-C. J. admitted A'r.
R’s privilege, unlefs there was an exprefs interpofiri
on on the part of the prifoner to retain Tome of the
Venire: for this would call a conflicting privilege in
to operation—Mr. Burr laid, that he Ihould be pal
live.— Sfi aftJe.
4. "John Jii/’wc did not recollect to have fuid that
the prifoner was guilty of trealon ; hut of funtethiug
holhle to the peace and happinef* of the U. S. Upon
being interrogated lie obfervtd, tliat he was a Dele
gate Irom the county of Hanover ; that there had
been a competition at the lull ele&iofl $ that fie had
had octafion to fpeak at that time, of the views of
th-: prifoner, but had alway. done it cautioufly ; had
never aflerted that he ought to he hung, but that he
w.;» guilty of fomething unfriendly to the peace of the
U. S.—Mr. Wickham. You have latdthat the pri
foner was guilty f a. Yes. C. Juf-itt. Did you
ever makeup an opinion about hi* levying troops ami
making war agaii.lt the U. S. a. Yes: but I have
never exprrS-d it. Mr. Ihirr. Take the whole to
gether, and it amounts to an opinion of treafon. Mr.
Howe has fall that Col. It. was guilty J and of what ?
"I thatwh.ch in Mr. llowi’a r.dr.d amounts to the di
r ition of treafon.—Sit .iJiJe, '
5. Join fivierti had thought timl declared that the
prd Sier was guilty of trealon ; though lie had t o
doubt, that his op:,turn might be chsn. rd by the
production of other teftimony.— Stl ojtdt.
5- y»Jiua Cb.ijfi• escufe-d from ii.dtipolition.
7. Gcrvjt Stortt dated that tha hate of hi- mlr.d
wus like that of the gentleman who had gone before
nim ; he was in the hab't t l reading newipupefs, ai d
could not but examine thrtr Hat clients relative to
rhele tranfaClioii*. If he could btiievr Gen. Eafon’s
alfertion that the prifoner had threat tiied to turn
Cong refs out of doors and afiallinate the PrcfSdcnt, he
had laid and Would dill fay fo, that Col. Li. w.s guilty
treafon. If Gen. Wilkinfdn'a letter was true, he had
furely been guilty of font'-thiitjr in the weft, that was
li'iliile to the U. S. He d:d not know w lu.-tl.er in the
tuuitiiarious conversions ht had had on this ful>jc&,
he had always exprefled thin opiniou ef hi* guilt with
that reservation., Mr. S. rouiVifed that it might be
prejudiced r.^ainft the prifouer; and that he might
he jttdteingtwo highly of hisown mind,'to entertain
the hilirl that he could dived kinifell of all his ini
prtf.ious—o</ afiJt.
S>. xniilu at•Men declared, that « was impofTib’e
not to have entered into the frequent tonverfations
'vhiih had occurred on this topic ; and ri» have de
clared lome opinion ; that lie had always faid, that Col.
B. was guilty of lomething, and that if he was guilty
ol Tcal'on again(l fuch a government, he would de
i lerve to he hung ; that he could not alTert that he
nad always accompanied his opinions with this reser
vation; hut that he was not afraid to trull hunfelfin
tho rendering of a verdict. Upon being interrogated,
he (aid that he had frequently jelled on this fubjedt;
and particularly recollected to have faid in a fportive
conversation w ith Col. Mayo, that this was a federal
plot and that Burr had been fet on by the federalilm.
Suffer did.
9. Ltrv'u Yruebart had faid, if the report* weie
correct, that Col. 13. had been guilty of fomething
inimical to the country, and that ke always qualifi
ed his opinion^ in that manner. Col. Tinfley w as
then called in, who Hated that from a convocation
wirh Mr.’I rueheai t he thought he had difeovered that
he had a general prepofleflion agaiult Col. 13.—S.f
feaited.
I». IVMiam Yancey had exprefled an opinion that
Col. 13. was guilty on newfpaper teltiniony ; but that
he had no doubt, he (hould entertain a different fen
iiment, if other reflimony were produced.—Set nfiU•
| _ ll« TLoenai Prefer had made iiumberlefs declara.
tions about Col. 13; that he had believed him to he
guilty of a trcafonabU intention, but not of the overt
aCl; on this point he had fufpended his opinion, but
he was rather inclined to believe that he h id not com
mitted it. Mr. Martin. Can this gentleman be con
filtered as an impartial juryman, when he thus comes
with his miud made up on one half of the guilt ?
Siif tended.
*-• Jubn Staples had been under the fame impref
fions, which had been deferibed by others ; that he
dared to lay thathe had taij Col B was guilty of le
vying troops and making war upon the U. States.
Set iijtdc.
13. Edivord C. Stannard acltriowle Iged that his
prejudices againfl Col. 13. had been deep-rooted;
that he had no doubt ol the criminality
of his t/rotives, but he had doubts of the com
miflion of an overt ad ; he regretted that a man of
his genius and energetic mind, fnould be loll to his
country ; upon being interrogated he obferved, that
he had doubts as to the overt a<X, becaufe he believed
him to be a man of Juch iiifldinus intri"'ue as never to
jeopardife his own life.—Set a fide. °
1‘l. Richard B. (JooJc Hated, that from news paper
information and common report, he had formed an
opinion unfavorable to Col. B. and that this opinion
had been confirmed by what had fallen in this court
from his own lips : but that without arrogating to
himfelf more virtue thau belongs to the human bofoni,
he was latisfied that he could render him Arid ami
impartial jullice. Some converfatiou here enfued
refpctiling certain tranfudlions which took place be.
tween him and Cape. Heath of the MaHchefter troop
of hoile. Mr. G delivered a long narrative of thele
incidents, which he concluded by afferting that hi
had addreffed a letter to Capt.H.iu which he had re
fufed to ail under a commander, who had fandlioned
a man, that had been a traitor to his country.—-Set
15. EdutLaniel SelJer Hated he had formed an opin
I ion particularly fiom G. Eaton’s depoiicion, that the
i intentions of the prifoner were hollile to the United
[States; but that he had alfo faid,that he had feen m>
evidence to fatisfy him, that lie had been guilty of
any overt a (ft.—Sufpended.
16- Efsne Smock declared that he had formed and
exprefled an opinion as to Col. B’» treafenabie deligtis;
that he liad formed that opinion from newfpaper pub
lications and common report ; and that he had con
llaiitly conceived Col. U’s intentions to be trtalonabit:.
Mr. Wickham. Have you ever formed an opinion,
that Col. B. was guilty of treafon ? I have in mj
own mind.—Set aftds.
. * • • -Richard E. Parker had, like every other per
fon,formed an opinion on this cafe, on newfpaper
flatements ; but he had heard very little ofthe evidence
that may be adduced on this occaflon. He had de
claied, that if thefc newspaper flatements were true
Coi. B. had been guilty ; us to the dodtrine of trea.
Ion, he had not formed a conclulive opinion. Mr
B«rr. I have no objedlior.s to Mr. Parker. He is
therefore deified.
A deluitcry argument here enfueil about the pro
priety, of fw earing one juryman at a time: The counfel
for t.ie profecution oppofed; the couidel for the prifon
er advocated the doctrine. The court decided that it
would adhere to the pra&ice of Virginia ; and fw e3i
4 jurymen at a time.
SI. John W. Eli,x had entertained and did not now
entertain any doubts, that the prifoner had been guil
ty of a treafonable defign.—Sufpended.
19. ‘Tbvma, Star be, without any expedition* ol
oenig fumtnoned as a juryman, had ftated his opinion
to his neighbors, that Col. 11. had been guilty ol high
trea'on—S,t aJ,dt. b
'JO. IViUltim White ftated, that he had been in the
wettern country in May lull ; and from Col.B’scha
rader and from the reprefentatior.s he had received
of his coudud, he had been induced to fay, that he
was guilty ol trtafon, and that hanging was too good
for him.—Set ojide.
•Jl. IVm.B. Chamberlnyne Rated, that he flood in
a very peculiar fituation ; if as Mr. Wickham de
cUrcd, any man was unfit to be a juryman is ho had
aliened Col. B. to have been worthy of death; he
was ready to conftl. that he himfelf came under tins
reltridioo : He had fo laid; but he did nat now be
lieve that Co!. B. had committed on overt ad of
trtulon, though he believed him to be guilty of the
intention : He however believed that he could do
min j u If ice ; and that he could cOiifcientioufly pafs
oetween him and his country*—Setefde. 1
•*r • Lambert wilhi d to he excul'ed on account
of his indifpofitiun i but the court rejeded his plea.
On being interrogated, he declared that he does not
rtcohed to have formed an opinion lor or aitaiull
Col. B.—Eletird. °
23. William ilocmet had no hefiution in faying,
that he had often declared his opinion that Col li.
was guilty of treafonable intentions, and perhaps he
might fay, of treafon itfeif- He had Imbibed his
imprellions from every tiling he had feen, heard or
read. He had underllood that Co!. Bs counfei had
ntade preparations to prove that he had diiqtijhfied
himfeil by h.i» own declarations. He ihould thank
them to develope their objedions.—Mr. Burr. I af
fine you , fir, no preparation has been made_Set u
‘-’4. Overton Anderfon had often exprefled an npini
pn ,h,t Cot. J/t views were inimical t« the Unitrd
atate* ; thef®pinions he had principally formed up
on newfpaper llstements ; he did not recoiled that
he had ever aliened him to b- gt.itty of tre.fon ; but
ne had fomenmes given credit to the representation*
winch he had heard, without particularly defining
.he degree ol guilt in which th^y might involve the
prifoner.—Set
*5. Hugh JVJrrctr npon bein~ called, faid, it waa
Hmduty to date, that an opinion which he had lor
iome time pift entertained of the character of Col.
Durr was unfriendly to a ftrictly impartial erquiry
into In»c4lc ; that ne was entirely uninformed aa to
the teftimony which would be introduced, and that
he did not recoiled to have evar exprrfted a politive
opinio* either as to hi» guilt or innocence.- - Elt fled.
2®- Jirtrm Hater had entertained opinion* utifa
voiahle to A. Durr, whuhhe had repeatedly expr.IT
*d; he had Ipokrn then with Warmth, lor it w„*
hi* nature to he wnrnj: Hr had no doubt that (he
prifoiier had formed ter7 unfavourable dellgn* -a
ifaiull the IJ, .State* - but from hi* ijjnorar.ee of the
evidence, bo could not venture to fay that they had
ripened into an overt ad — Mr. Iiurr. V hat opi
nion haw you formed J DM l A~ A very bad one ;
I lure cxpr»fled often when called upon and
often when not.—Set afiJe.
[ 97. FJ xvarti Carrington had farmed • nunfavor
able opinion of the views rtf Col. Burr ; hut
theft* opinions were not definitive: t ime had
laid that Col. Burt’s object was to invade the
Spanifh Territories; others, that it waste dif
member the Union: his own opinion had not
been definitely fixed. There was another fub
jcJt connected with this tiial, tin which he had
alio exprefied his opinions ; and that related to
the meafures taken at New Orlea',s. liis own o
piaion had been that it was in pollih'c for anyone
at this remote feene to determine upon the date
of affairs in that city ; hut that if gen. Wilkin,
fen elid uut feiiouliy believe what he laid he
had been reprcfeuteil to him as the views of
Col. Bmr, that he himfelf conlidefed it as an
extreme calc, *and that it was proper to ad
iu foniewh.it the like lorm that Gen. Wilkin*
lon had purfxctl. This has been the date of my
n.ind f<-r 12 months — Mr. Burr. Have you,
Col. any prejudice of a tome fettled kind ami
ancient d .te agaiua me ? Col. C. None at all.
—Mr. Durr. lie is elected.
The four jurymen that had been elefled,
were then called to the book, and fworn : viz.
Me firs. Parker, Lain belt, Mercer and Cat ring
ton.
-3. Robert llnjkins had exprcfTcd an opinion
that Col. B. was guilty ; hut does n<»t recol
letit to what extent he went. lie might have
faiil that he defcrved to be hunjr.—Set ufide.
-9. li illiatn R. Viewing had formed and fre
quently expreflrd an opinion, that Ctrl. B. was
guilty of trealonable intentions ; and might
have made a general declaration, not only asto
intentions, but to ads.—Set ofide.
SO. George IV. Smith fuggelted a right to the
fame exemption, which had been granted to
Mr I’. Randolph. The Couit faid that this
privilege would be incontcflibie, unlefs the pri
loner Ihould urge his conflicting privilege. Mr.
Burr then requeded Mr. Smith to attend to
morrow. Mr. Smith vvirtted to be excufed, as
he had fome important hufinefs in another court
to attend to: He fhouid however attend on the
trial to-morrow ; hut it might now be proper
to (late the general imprcffious which lie had
received from thefe tranfadions. He had gene
ra.iy been folicitous to avoid an txpreffion of
itis opinions : and as it. fuch cafes, wbtre the
government commences a profecution againII an
individual, there is always a preponderance of
prejudice ag.dnft him ; he himfclf l ad not only
oetu folicitous not to declare, but even to form
an opinion. jhfo one can however avoid read
ing reprefctitaiioiiH of thefe things in the public
papers ; and he had formed ar.d declared his
imprefiions, that Col. il. had entertained defigus
offenfire to the peace and iaw3 of the U. States.
What was the ipecies of guilt, he had not pre
tended to define : but he had concluded from
the newfpaperreports ar.d the teflimonv which
he had heard in the other wing of the Capitol,
that his deligns was of a military nature ; and
that they might amount at lealt to a mifdemea
ttor.—Sufpended.
31. Jlrmijlead T.Mafon had formed no deli
berate opinion, in regard to the ad.ual cotr.mif
(ion c»t trealon. But it w ig his deliberate opi
nion, that Col. B. had drfigued if not tofubvert
the government, at lead to divide the country—
Su/pe tided.
32. Dabney Minor had often fa>d that Col. B’s
intentions were unfriendly to the U. States, nut
had received no pofitiveteftimony.—Some ton
verfation here enfued between Mr. M. and Mr.
Kotts, when Mr. M. was fufpended until to
morrow.
Of tile whole Venire, then, that appeared, 4
only were elected and fworn ; and 9 were ful
pended. The cafe of thefe lad will probauly
be decided this day.
i he Court then decided, that there w.tb no
nccelfity for delivering the jurymen who had
been or ftiould be fworn into the cultody of the
marlkal, until the whole number had been trr
pannelled.
Adjourned till Turfday, 11 o’clock.
TOR THE ENQUIRER.
VREHCH AND RUiSiAN ARMIES.
Ev/-ry mail is expelled with coi.fidtrable anxiety,
bec&ule tliR poiitior.s ol thetv armies icern to ttiditQit
an approaching and unavoidable battle. It would be
indeed a battle big ivitb the Jute oj tie world. Thefe
armies, including their dependencies and referves,
contain, if any thing, but very little lei's than a mil
lion of men. Neither ancient nor modern luUory
has giver, any account of fucii mighty military hulls:
even t..e lar .anted colltdlion of Xerxes, though more
numerous than both, confided of men, women and
children ; of agricuittirilis, artizans and foldiers._
Xerxes, intended at cnce, to overcome all Greece by
h.s troops,and t ien,to fettle it w ith the follower* ; to
th ir his hod, in a military fenfe, could not be called
an army. It was oppofed anti reputted by a handful
ormen, and fmaliy defeated by its owr.i liiro.igru -
ty and confequent confufion. Far different is the
the flate of the French and Ruffian armies. They
con ft 11 altogether of foidicrs : yes, of the heft dil
ciplined and bell organized foldlvr*. There is not a
li..j;.e corps ol either of thefe armies, which is inferior
in llcill or bravery, to the far-famed three hundred,
w.ioie exploits have immortal zed the. fire gilts ol
Thermopy .a.
In Inch a flate of thing0, w ho car. anticipate the
dreat.ful cot.fluffy without emotions of the molt an
xious lolicitude i Who can reconcile it to his feelings,
as a fellow being, that lo many mm, -all «lcli rvii-g oLr
regards, fliail he let loOfe arid urged on by a f«afe of
military glory and national duty to engage in mutual
delimit inn ? Of what they can and will do, we can
jndge by wtiat has been done ar Iiyfciu.
1 hclc co.ilider.it ions tenij t u* to enquire, aid with
foheitade, is there no m iy by which inis tn.pending
dcilruiffion tan he averted ; that humanity n ay be
allowed to dry up her tears ? 1* there no limit to the
ambition or proj Vts of the mighty monarch*, in
whole hanJ», providence has confided fo much ?_
doth Alexander contemplate to drive Napoleon from
the throne of France, and to cover that country with
daloiatioti and howling ? Not fatisfied with the tx
trcn.es of the gii be from Nerth to South ; from
I ap.jnd to Kamlrhatca; with lilty different nations,
Ipcakiug alnioil as many language0, doth hr aim at
the entire circumference, from the frozen to »he In
t.iai. and Pacific oceans) doth he gralp at the uni
verfe ? '1 his Prince ought to put reafonable limit i
to his defervet, as well as to his empire, and teach
his count.tl» milioa. of fubjedls, other arts than thofe
Napoleon, loo, it secured «*f defignsno left ambi
tion*, of project no left extenfire ; and every one
who beftotvs a linja-e thought upon either, or upon
the portending ilTue, will implore luccels nr impricafe
deftt uition according to the (ear* nr confidence whtth
relate to either :—£4 there are not a few who invoke
that thefc armies may be employed in mutual de
ftru>5tion. 1 hi* furelyisan error, if even there was
one: I.et it be enquired, would the deli ruction of
thefe armies, counteract either the motives oft! ;ir
foverigus, or the principles, upon which they were
formed i Would tiey not be li-ccecded by other and
and other arnfies, a* long as the Emperor* could run
troul the immenfe mud populous regions from which
they are collected. Let us then cult our eyes to fome
other cenfiderations j let us drop the curtain of
death and dofe the feene of c.niage. The drama
muft have a final cataftrnphe ; even death himfelf
will be fated witli human butchery. Thefe armies
which mutually dread and mu'u.iliy retpeCt each o-’
ther, may, and perhaps Will, be commanded to (V.euth
the;rfwords: the £r.iperoi* Napvicou ud Aisun
ILp.ct Cfcrmng'gi ip a if
NEIV-YORK, Atigufl c.
It would fccm that the cointiitllioners appoint
ed to fupciiutend fartifyiug the poit of New
Yoik, have not thought proper to adopt any <»f
the numerous plans that have been prefented tor
their cotiiideration ; but are going on upon the
old original plan of their own, and h-vc ailu
;dly commenced building and (inking blocks
from Perkin'* Point on Govcrnor’s-iflar.d, to
the edge of the channel. On this poir.c we uu
derftaou is to be erected a Rrong Fort which
will mount 50heavy guns and upwards.
£v. PoJ.
The British Houfs of Commons confids of 51 a
Members tor England am] V»’_.ie», -15 from Scotland,
end lOO irom Ireland, 'total 057. The Prelim
idimdei. calculate on having 4v7 of these on their
lide ; leaving ti_u againU them.
From tie Btjlon (jaxetfe of JVTonJdy.
We have convened with a gentleman „ho left
Malta, the 8th June. He confirms the account that
the Enguih had oeen defeated in Egypt; a>.J that a
frigate and Hoop of war had brought intelligence to
Malta, with the bodies of two oi the Generals killed
in the action : One of which he uudertlood to have
keen that of Major General Frazer. [The General
It..IT of the corps winch went to Egypt wc:e Major
Generals Frazer and Wauchr pe, and Brigadier Gen
eral Stuart. I lie Bntifh lols was Rated to be at
1500 killed and wounded : nio( e than one half ot the
t oops winch landed It is iuppoted, the britilh
we;e defeated by the Albanians, mentioned ui Gtn
Frazer's letter announcing the capture of Alexandra-’
and which w.rt Rated to be on the marc!) to relievo
that city. An account of the de.ch, by difeal'c, »£
Hear /vdmtral Sir Thomas Lout., lit. w as aim receiv
ed at Malta. i ids leaves the ilritilh ii]uaIron in the
Archipelago without utt admiral—Duck..ortii and
Sir ahuney Smith having prevtoufly tailed for Eng
land. l.ouis was r.ne oi the be ft officers'in the les
vice. 1 le w as with Nellon at the battle oi the Nile ;
and had been .t. veiled with leveral orders of kmght
hood.
American gentlemen, recently from Halifax, Rate,
that the affair between the i.topard and Chc-fapeakr is
differently reprel'er.tod there, from what it has bees
:fi the U. States. Admiral liuiketey has alledgcd ,u
writing, tfut “ his orders were not illued until every
application to reftor- the mutineers and delertvrs h.ni
been made by In* Britannic Majefty’s M nilier, Con
ful, and officers,and had been reltifed by the govern
ment of the United S.ates.” He added, “ that though
t.ic captain of the American frigate, positively afiV.rtt d,
that HO deferters compofed a part of the crew, the of
ficer enliftrd them avowedly as Inch, and was one of
his Lieutenants. The men were afterwards actually
found on board the frigate,” One of the killed on
board the Chefapeaite, w. s faid to be a warrant offi
cer oi the Dritiih flop Cliichellcr, who liad been invei
gled from his duty. [ I he declaration of commodore
Berkley, as Rated above, we underftand, has been offi
cially received by the Briiiilt cuulnl, redding in Bol
ton.]
On Monday lit third day of Aeegvfl next, f> urfu.it to m
dioret of King N'lt/iam Cttinly Court, nuiU ho fid.
on the pretnijn, to the Lighf bidder, for r.udy money
fo muib of the *
r | ' RACT of LAND, whereon Francis Weft
1 Quarles now rtfidts, in the upper part of laid
County, as will raile the fum ol five hundred dollar*
and interelt from the firil day of January Lfl, with
a fmail additional lum lor colts ol fuit and charges of
fate.
BF.VTRl F.Y ROBINSON,; „ ,
JOHN FOX, $ Comer.
I*1'? 1' OuWIvV.
This fair not taki«g place, the I.and will he ptfi_
tively fold on Thurfday the third day of September.
B. ROUINSON,
J FOX,
A' gu!> 11,
d.r, vi ill fay to Mel) other, yi.v/v Hit *u»rU nztaim
tmougt) far ihte an,/ for me ; lee tu thenunitii in tM
bentficicnt wifh L»r peace, and that they may open
to ail *he wor'-l. the portalj of ht-nev.iiiri)ce and phi
hnnhrophy. i he «iint»rcrs mid e’.ilojrifls of theft
mighty monarch* ipe*/. of titeir hearts anti motiv-*
with equal adulation, and we (ball loon have occafi
***' to know, whether they, or either or them «le
lerve moll the appiaufes or cuifcs of their fellow
At a mrefinj of a majority of the opottfjrlva'i*
rroop of Cavalry on the I It. of Anguft, Ikot.
A committee was appointed by the membou
tmanimoidly, to take into conlideiation the
late cowardly, wanton and flagitious attai t
of the IJrit»fli flop of war Leopard, on the U.
States Irrigate Chcfaptake ; and the commit
tee having retired, in a few minutes icpoit
cd the following ryfolutions :
III. Refv'vtd vnanhnonjh, That we view the
attack upon the Ct.elapcake, by the LSritilh fhip
ot war tiie Leopard, as an intuit offered to the
American people, and a juft caufe ot boftinty cn
the part of the U. States : that it was a violation
of our neutrality, and calls loudly for an cxciti
on of the energies of the nation.
2d. Refolved ununimoujlj, That as much as
we deprecate the horrors of war, we
are ready to encounter them, in r.e'cnce of our
rights, ami ftiftrr every privation lather th.,u
fuhinit to their violations, by the ir.fults and
aggreflinns of the Britifti government, and ttic
authorifed perpetrators of its robberies, ini
prifririints and nsurleis
C l. Refolved imanhnonfij, That confeious of
our phy.ical energy and power, to repel force
by force, and having the molt implicit confi
dence in the wifunm, fpirited firmnels and pat
riotilin of the Executive of the United States,
wc, as inembt rs ot the nation, determined to
fupport the Government in the afiertion cl our
rights, hereby tender our Cervices to the go
vernment, “ and pledge our lives, our fortune-,
and our facred honor,” nevtr to Jelert the ftan
dard of our country, but with oui lives.
«ilh. Refolded uttanimonjly, That wc will hold
ourfelvcs in rcadiinls, to inarch at a moments’
warning ; & hope that we may not be the laft to
whom our country may conhile her defence.
5th. Refolved unanimoujlj, That a copy of
the foregoing refolutions ue figned by our Cap
tain, and tranfinitted to the governor of Virgi
nia—and that they be iuferted in the Virginia
Herald and the Erquirer.
STAPLETON CRUTCHFIELD, Capt.
Extra El of a letter from Gov. Claibottrne to bis
friend in Richmond.
“I recommend to your particular civilities
and attention, Gen. Wilkiulon and Mr. Gra
ham. They both have Icrtcd their couuliy
with fidelity,”
The Orleans Gazette of June 15, has the fol
lowing article :
“Portalis, the French minifter for public
worlhip, is fending miftionarics to China, and
they are to fet off this year, accompanied by
fkilful aftronomtrs.”
Our London papers ftate that the Expediti
on, under geuei il Crauford and admiral Mur
ray, which was afTembled at the Cape of Good
Hope, was deltmed againil the Mauri ius.
Phil. Regifer.