The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-12-05

iiC tnTh ''d'c 'ftH 10 Nhc NtiNthiV l'hIaSt.
UNITED STATES OF AMERICA,
KENTUCKY DisTRicr, 1cE
]. II. Daviefs, attorney for the fad U. States,
in and for faid diarict, upon his corporal oath,
doth depofe and fay, that the deponent is in
formed and doth verify believe, that certain
Aaron Burr, efq. late vice-preiident of the faid
U. States, for feveral months pan, hath heen
and is now engaged in preparing, and fettng on
foot, and in providing and preparing the means
Tor a military expedition and eHterprize within
this dittriet, for the purpofe OF defending the
Ohio and Miflifippi Herewith, and making
war upon the fubjeas of the king of Spain,
who are in Rate of peace with the people Of
theie U. States. To wit on the provinces of
Mexico, on the weftwardly fide of Louiiiana,
which appertain and belong to the king of Spain,
an European prince, with whom theGe u. S. arc
at peace.
And faid deponcnt further faith, that he is in
formed, and fully believes, that the above
| charge can be, and will be fully authenticated
by evidence, provided this honorable court
will grant compulsory procefsto bring in witneH:
es TO teitify thereto.
And the deponent further faith that he is in
formed, and verify believes, that the agents and
emiiiaries of the faid Burr, have purchafed I'D,
and are continuing to purchafe large Rocks of
provdons, ASH for an army which the fa;d
Burr icems TO conceal in great myitery from the
people at large, his purpofes and projects
while the minds of the good people of this diff
tTIct, iecn agtated with the current rumor that
military expedition againa fome neighbouring
power, is preparing by faid Burr.
Wherefore, faid attorney, on behalf ofthe u
nited States, pray, that due procefs inuc TO
compel the perfonal appearance of the faid A
ron Burr, in this court ; and all of fuch wit
ne'icS as may be necehary on behalf of the faid
saI CNas-, I.f-a II = 4
will duly recognize the faid Aaron Burr, to ar
liver tuch charges as may be preferred aganft
him IN the premifes and in the mean time,
that he delft and refrain fr,'n all further pre- pa
ration and proceeding in the fame armament
within the iad u. States, OF the territories or
dePencies thereof. J. H. DAVIESS, A. U. s.
Having read this affidavit the attorney pro-
ceeded in the following words:
The prefent fubiett has much engaged my
mind. The cafe made out is only as to the ex-
petition againft Mexico; but have infcr,,ati-
on on which can rely, that al the weaern ter
rltorles are the next object ofthe fchemes ard
finally, all the region of the Ohio is calculated
as falling into the vortext of the new propoied
revolution. What the practicablity of this
fcheme is, will not fay but certainly any
proerefs in it, might cot cur country much
blood and treafure TO undo; and, az the Leaf,
great public agitation mutt be expected.
am determined to uie every effort in my
power, as an officer and as man to prevent and
defeat it.
Having made the affidavit myfelf, illall make
ne comments on its Efficiency.
In cafes of felony the affidavit mut be pof-
tive as to felony adually committed but in
miflemeanor of this nature, where the foie
ch;e6t cetsc !: prevention: G:c, g: cs;s
cannot be required: the thing muit ref on be-
lief as to the main point of guilt.
could eaGly prove poGtiveIy the purehafe
of iuppes of various kinds, but this is no of
fence. Mr.. Burr may purchafc fupples-he
may import arms-he may engage men, which
am told is actually begun-yet all thefe things
being proved make TO offence; neither can
proof Of the declarations of his known conf
dants, OF which abundance might be had, at
tach guilt 10 hint is the dcfgn, the intent
with which he makes thefe preparations, that
conGitute his mifdemearor.
There NUT be great exertion os fuppofi.i-
on 10 imagine cafe in which pofitivc proof of
the illegal dsyEsu can be had--t mutt ref in in
formation and belief.
The court ought therefore to iffue warrant
or capias for the accufed, and examine witneR-
es {; when the court will he able TO decide whc-
ther Mr.. Burr iliould be bound TO good beha-
viour on the pren:ies, or ecogniZei to appear
here and anfwer al indictment.
His honor judge Times declined on account of
the importance CT the queaion, TO give an o.
pinion without taking time for confederation.
This opinion he did not deliver until this morn
ing about eleven, which opinion went to over
rule the motion of the attorney for the U. s.
on the grounds,
lift. That the court was not inveaed with power.
I'd. IF the court were, that the evidence was
not fuficeni.
The alto neg then moved for warrant, TO
fummon a grand jury, before whom he was TO
prefer an indictment againf col. Burr. Ths
the court Immediately granted and a warrant
was given TO colonel Crockett, the marfliall OF
the dfritt for that purpofe. The Judge order
! ed his opinion to be entered on the record. A
copy of it, therefore, i,all be obtained and pub
liihed in an extra half iheet in the beginning of
the week, with the farther proceedings of the
court on this important sueaiop.
O'Clock. After the names Of the grand ~
ry were called, colonel Burr entered, attended
by II. Clay, efq. as his council, and after ha-
wing feated himief few minutes, rofe and adj
drelIed the court in concife and impreiIive
terms. He Rated that he had been upon the
eve of his departure from Lexington, when he
was informed that his name had been mention-
ed with reProach in the court that he mad;
it his bulineis 10 hdlten to this place, and pre-
/ fent himfelf before the court for inveftigaton
| with feveral other obiervations which we fhal
! pubIilh at length in our next. At prefent we
can only Fay that the grand jury were orderes
TO attend on Wedneiday morning at ten O'Clock
| s
The Legislature of Kentucky is now in fefion. From