Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-10-23
(Conffnued from frst mace. J

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proceeded up the river for that purpose,
and believe made their reporI to The ex-
ccutive.
/ was then called on in my official capa-
city, as attorney general, to give written
opinion rs To the course which ought to be
pursued with col. Burr. did so, and that
opinion, believe, was filed in the Office Of
the secretary OF the Mississippi Territory.
My opinion was, that he had no evidence to
convict col Burr of any offence in the Mis-
sissippi Territory the supreme court
of the territory to which a jury was about
TO be summoned, had no original urisdicti-
OH of any prosecution and could only take
cognizance of points of law reserved at the
trial in the Circuit Court that therefore
Burr ought to be sent, under sufficient
guard, directed to the City of Washington,
where the Supreme Court of The ". States
would he in session, and the judges atlen
ding from every part OF the union, could di-
rect the accused TO he tried in the district
where, from the evidence it might appear
that an overt act OF treason had been COM
mitted. But judge Rodney, thought differ
emily and a Uenire facias was issued re-
During the attendance ofseventy-sx jurors
at an adjourned session of the Supreme
Court, of the Mississippi Territory, held
IN February last From the number OF iu-
Tors attending, a grand Jury of 90 pcrso
was selected, who received a charge from
judge Rodney, and adjourned until the next
day. At a meeting of the court the next
morning, | moved to discharge the grand
jnry; 1. Because the court did not possess
Original jurisdiction in any case. 3 Be-
cause the depcstions, Su Sntted to my in
spection did not furnish sufficient evidence
TO convict col. Burr Of the offences with
which he was charged, SO as to bring them
within the Mississippi Territory. g. That
warrant might issue, transmitting the &C
cused to a Court, having competent jurs-
diction, to try and punish him, if guilty of
the crimes alledged against him. The
court being divided, on this motion, il was
overruled. The grand jury theu rctir-
ed l determined to pre.er no indict-
ment, and left the court. In the even
ing while Twas engaged in the Legislature,
message was sent to me by the court, re-
questing my attendance Immediately re-
paired TO the courtroom, and was desired
TO look at the presentments of the grand iu.
~. perused them, and found that the
grand jury, had presented the acting COVER.
nor for calling out the militia-the manner
in which col. Burr, had surrendered to the
civil authority proceedingsht Orleans /;
and believe, the general government IT.
self, did not escape. felt, and declared
my astonishment at such uwarrantable pro-
ceedings, and informed the court that
should take no further notice Of the present.
ments, and retired. Judge Rodney, ! believe
likewise, Censured the conduct of the grand
jury; it may be proper to mention, that
respectable proportion ofthe jury withheld
their signatures from those presentments.
Col Burr, that evening, went to the house
NJ nl apI 1.gnN 4
wards attended the court, and had Judge
ment nisi entered on the recognizance gil
ven by Burr, and his securities, Lyman
Huding and Banijah Osmun n Scire JaciGs
was issued and served on the securities
which is now depending before the supreme
court of the Mississippi Territory. What
happened after col. Burr withdrew, know
not except from hearsay.
Cross Examined.
Question by Mr. Martin. Have you CO.
by ofthe recognizaree said to have been en-
tered into by col Burr? A have not, but
have seen copy in the hands of Mr. Hay.
Q Were you present when il was executed
A No.
Mr. Martin. You said that the judges
ordered 70 jurors to be summoned-Who
were the judges! A Bruin and Rodney.
Mr. Wickham. Doyou know any thing of
military men sent from New Orleans, to
seize col Burr A / understood that there
we're, and that DR. Carmichael. who re-
sides in the Miss. Ter. was one Mr. Wick
ham. Was there an expectation in that
part of the country that Gen Wilkinson had
sent men for that purpose, and that Col
Burr would be seized! A II was talked Of
and generally disapprovcd. Q Where was
Col Burr at the time Of his entering into the
convention on the west side Of the Missis-
sippi A He was in the territory of Or
leans, and, in pursuance of his agreement
came over TO the Miss. Ter. Mr. Wickham
Did not Col Burr seem to be apprehensive
ofmilitary force A lie did not, except that
he was particularly unwilling TO fall into the
hands Of Gen Wilkinson. He eDquired Of
Col Fitzpatrick, Mai Shields and myself,
whether there was any pass or way above
Natchez through which he could get TO Qua
chita, and wished to know whether there
was any person who could be employed to
pilot him. We gave him no satisfactory
answer on that subject My own impress
sion vas that he wanted to establish him
self on the Ouachita, as a place Of rendez-
Vous 70 which his men might rally. Mr.
Wickham. Have you understood that an
officer OF the army was sent By Gen Will
kinson 10 take Col Burrl a heard lieu
tenant Of the army (but i had rather not
mention his name) say that he was one Of
the persons employed for that purpose.
Here Mr. Hay offered to read the recog-
nizauce entered into BY Col Burr in the
Mississippi territory. MIR Martin obiected