The Wheeling repository — Wheeling, Va. [W. Va.], 1807-04-23 00:00:00, page 5

part of the affidavit, great and obvious
objections, need not be stated to those
who know with how much caution pro
ceedings in criminal cases ought to be
instituted, ani who know that the high
est tribunal of the United States hasbeed
divided on them. \\ hen this question
< ame before the supreme court 1 felt the
lull force of these objections, although 1
did not yield to them. On weighing in
my own mind, the reasons for and a
gainst. acting, in this stage of the busi
ness, on that part of the affidavit, those
in favour of doing so appeared to me to
preponderate, and, as this opinion was
not overruled, 1 hold myself still at li
berty to conform to it.
T' die original letter,or a true copy
of it, accompanied by the cypher, would
have been much more satisfactory, is
not to be denied : but I thought, and I
still think that, upon a mere question,
vV htalter the accused shall be brought to
trial or not, upon an inquiry, not into
guilt, but into the probable cause, the
omission of a circumstance which is in
deed important, but which does not dis
prove the positive allegations of an affi
davit, ought not to induce its rejection,
oi its absolute disbelief, when the mak
er of the affidavit is at too great a dis
tance to repair the fault. 1 could not
in this stage of the prosecution, absolute
ly discredit the affidavit, because the
material lacts alleged, may very well be
within the knowledge of the witness, al
though he has failed to state explicitly
all the means by which this knowledge
v> as ooiamecu
11ms, gen. Wilkinson states that this
letter was received from col. Burr, but
does not say that it was in his hand writ
ing, nor does he state the evidence which
supports this affirmation. But, in addi
tion to the circumstance that the positive
assertion of the fact ought not, perhaps,
in this stage of the inquiry to he disre
garded, the nature of the case furnishes
that evidence.
The letter was in cypher. Gen. Wil.
kinson, it is true, does not*ay that a cy
i her had been previously settled be
tween col. Burr and himself, in which
th v might cor re spon 1 cm subjects which
though innocent, neither of them might
wi,h to subject to the casualties of a
transportation from the Atlaniick to the
Mississipj i ; but when we perceive, th it
Burr has written in cypher, and
th n gen. Wilkinson is able to deevpher
the letter, we must either presume that
bearer of die letter tvasalsq the bear
cr of its key, or that the key was previ
ously in possession oi the person to
whom the letter was addressed. In sta
ting particularly the circumstances at
tending the delivery of this letter, gen.
Wilkinson does not say that it was ac
companied by the keyvor that he felt
any surprise at its being in cypher. For
this reason, as well as because there is
not much more security in sending a let
ter in cypher accompanied by its key,
than there is in sending a letter not in
cypher, I think it more reasonable to
suppose that the kev was previously in
possession of Wilkinson. If this was
the fact, the letter being written in a cy
pher previously settled between himself
and col. Burr, is, in this stage of the in
quiry at least, a circumstance which suf
ficiently supports the assertion that the
letter was written by xol. Burr.
The enterprise described in this letter
is obviously a military enterprise, and
must have been intended either against
the United States, or against the terri
tories of some other power on the con
tinent, with all of whom the U. States
were at peace.
Fbe expressions of this letter must he
admitted to furnish at least probable
cause for believing that the means for the
contemplated expedition were provided.
In every part oi it v/e find declarations
indicating that he was providing the
means for the expedition ; and as these
means might be provided in secret, I
do not think that further testimony
ought to he required to satisfy me that
there is probable cause lor committing
the prisoner on this cause.
Since it will be entirely in the power
of tee Attorney-General to prefer an in
dictment against the prisoner for any o
ther offence which he shall think himself
I possessed of testimony to support, it is
in fact immaterial whether the second
charge he expressed in the warrant of
commitment or not ; as I hold it to he
my duty to insert evc*ry charge alleged
on the part of the United States, in sup
port of which probable cause is shown,
and to insert none in support of which
probable cause is not shown, I am bound
to proceed in the inquiry.
[ !'o be continued.]
w II E E L I N G,
Thursday, 23 l April, 180r.
dZF* ^ I^ctter-hox, for the reception
of ronvnunications for the FI *posi?orv,
ls fixed to the door at the head of the
outside stairs leading to the Printing
office. "I he situation is favourable for
depositing them without being observed.
A brig, belonging to Mr. Kirkpatrick,
of Pittsburg, passed this place last Mon
day morning, on her way down the ri
ver.
J\ ood to the Ohio again.— We observe
that the House of Representatives of the
state of Pennsylvania, have passed a
bill from the Senate respecting the road
from Cumberland to the Ohio. As it
is stated that this bill came from the
Senate, and passed in the other house,
it is inferred that the bill giving leave
to locate the road, provided it passed
through Union-town and Washington,
has been rejected by the Senate ; and
that leave is now granted to open the
road on the rout selected by the com
missioners, and consequently that it will
yet come to Wheeling.
Capt. now Governor, Lewis, has pub
lished in the National Intelligencer, a
kind ot caution to the public,against pur
chasing any of the small works containing
an account ot the tour from the Missis
sippi to the Pacific ocean. He warns the
public that all such works are “impositi
ons;” declares that they are “ unautho
rizedand insinuates that their authors
are not qualified to give correct infor
mation on the subject. “ With a view,"
he say s, « to prevent the practice of these
deceptions, the public are informed that
the lists Jor subscription which have, been
promulgated by myself, are headed with
the subjoined prospectus ; and those who
wish to possess the genuine work, may
obtain it by entering their names on
those lists.”
David M‘Keehan, Esq. the Editor of
Gass’s Journal, has addressed a long let
ter, in reply, to Gov. Lewis. He vindi
cates the correctness of Gass’s Journal,
and in a r-frain of severe and bitter sar
casm, impeaches the intentions-and mo
tives which led the Governor to decry
and denounce the merits of those hum
ble journalists, who are about to become
his competitors for literary lame.
The Governor’s proposals are for a
work to consist of three volumes, the
price to be hereafter fixed, to he pub
lished “as early a? the avocations of the
author will permit him to prepare tlw m
for publication.” The first volume, he
states, \v:ll probably be published about
the first of January, 1 tiOtU