Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-04-03

n
the accused
In cnquiring, therefore, into the CHARGES
exhibited against Aaron Burr, ! hold nv
self bound TO consider how far those char
ges arc supported by probable cause.
he hrst charge stands upon the testi-
mony OF general Eaton and general VIII
kinson.
The witness first named, proves that a.
mong other projects which were more cri i
minal, col. Burr meditated an expedition a.
gainst the Mexican dominiops of SnaT,,
This deposition may be considered as in.
troductory to the affidavit of gen. Wilk;n-
son, and as explanatory of the objects of
any military preparations which NAV have
been made
proceed then to that affidavit
10 make the testimony of general VIII
kinson bear on col. Burr, it is necessarv to
consider as genuine the letter stated by the
former to be, as nearly as he can make il.
an Interpretation of one received in cvpher
from the latter. Exclude this letter. and
nothing remains in the testimony which can
IN the most remote degree affect col Burr.
nat there are to the admissibility of this
part of the affidavit, great and obvious OH
lections, need not be stated to those who
know with how much caution proceedings
IN CRIMINAL cases ought to be instituted, and
who know that the highest tribuna! of the
United States has been divided on them.
When this question came before the SUI
preme court, / felt the full force of these
objections although did not yield to them.
On weighidg in my own mind, the reasons
FOR and against acting, in this stage of the
business, on that part of the affidavit, those
In favor OF dong so appeared to me to pre-
ponderate, and, as this opinion was not o.
verruled, hold myself still. at liberty to-
conform TO it,
That the original letter. or a true copv
OF 1t, accompanied by the CIPHER, would
nave been much more satisfactory, is not to
be denied; but thought, and still think
that, upon mere question, whether the ac-
cused shall be brought to trial or not, up.
on an enquiry, not into guilt, but into the
PROBABLE cause, the omission of a circum-
stance which is indeed important, but which
does not disprove the positive allegations
OF an af1davit, ought not to induce its re-
lection, or its absolute disbelief, when the
maker OF the affidavit is at too great a dis
lance to repair the fault. could not in this
stage OF the prosecution, absolutely discredit
the affidavit, because the material facts all,
lodged, may very well be within the know.
ledge OF the witness, although he has failed
to state explicitly all the means by which
this knowledge is obtained.
Linus, gen. Wilkinson states that this letter
was received from col Burr, but does not
say that 1t was in his hand writing. nor
does he state the evidence which supports
this affirmation. But, in addition to the
circumstance that the positive assertion OF
the fact ought not, perhaps, in this stage of
the enquiry to be disregarded, the nature
OF the case furnishes that evidence.
he letter was in CIPHER. Cen Wilkin-
son, IL rs true, does not say that a cypher
had been previously settled between col
Burr and himself, in which they might corr
respond on subjects which though innocent.
neither OF them might wish to subject to the
casualties OF a transportation from the At
iantic to the Mississippi; but when we per-
ceiVe, that col. Burr has written in cypher,
and that Gen. Wilkinson is able 70 tiecv-
pher the letter, we must either presume
that the bearer of the letter was also the
bearer of Its key, or that the KEY was nre-
vIousiy In possession OF the person 20 whom
the letter was addressed. In stating parti-
cniarly the circumstances attending the de-
iiVery OF this letter, gen. Wilkinson does
not say that 1T was accompanied by the KEY.
or that he felt any surprise at its being in
CIPHER. For this reason, as well as he
cause there is not much more security in
sending letter in cypher accompanied bv
IT'S Key, than there Is in sending letternot
III SyPhCI3 tnInR IL more reasonable IN
suppose that the key was previously in nos
session of Wilkinson. Ifthis was the fact
the letter being written in cvpher previ,
ousiy settled between himselfand col. Bnrr.
is, in this stage of the enquiry at least. p
circumstance which sufficiently supDorts
the assertion that the letter was written Inv
Col. Burr
The enterprise described in this letter ;s
obviously military enterprise, and must
have been intended either against the Unit
ed States, or against the territories of some
other power on the continent, with all of
whom the U. States were at peace
The expressions ofthis letter must he adj
mitted to furnish at least probable capSe
tor believing that the means for the contem-
plated expedition were provided. In eve
ry part OF it we find declarations indicating
that he was providing the means for the
expedition; and as these means MIGHT he
provided in secret, do not think that fnr-
Their testimony ought to be required TO sa-
tisfy me that there is probable cause for
committing the prisoner on this charge.
Since it will be entirely in the power of
the Attorney-General to prefer an indict-
ment against the prisoner for any Other Of
fence which he shall think himself possess-
ed OF testimony to support, it is in fact inn.
material whether the second charge be cx-
pressed in the warrant of comni},ne,. nr