Portland gazette and Maine advertiser., 1807-11-02

RIcHMoND. OF. 20.

On Sat7rd1y, Mr P07ceT, from
Neworlsans, {who turned out to be a
subject OF the king Of SPAIN was intro
duced By cot. Burr as wItness--@by
whom I Is he asserted he, intended to
authenticate certain papers, ard to
prove that gen. Wilkinson was in the
habit OF rvctNing money from the Span
ish government The avowcd object
of establishing this charge, against the
general, Was, to imPeach his CREDIBLE
ty, by conuadictng some parts Of his
testimony, and TO shcw that his motive
ior defeating the project Of Burr, was
not patriotism, but to prevent an inya-
sion of the territories of the king, in
whose pay he was himself =.
The chief justice decided that the ev-
idence was adnissib.s;,2 and that Mr..
Power should be examined. He was
therefore sworn, and questioned as to
what he knew concerning certain cor
respondence-betweeh the Baron de CO.
rohdetet and general Wilkfn86n
Mr.. Power addressed the court with
respect but hrInness, and declared that,
beng subject 10 the king of Spain, he
could not, without violating his duty
and honor, give an account Of any po-
Ltical transactions which the service Of
the king hismaster required to be con-
cealed. he stated that. be had come
hither from Neworleans with great re-
luctance an agent Of col, Burr who
served subpoena upon bin having
threatened him with imprisonment in
case he refused but he hoped the
court would not compel him to give the
evidence which had been demanded.
The council for col. Burr Insisted
that, whether he was a, Spanish sub
ject or not, he was now within the
power Of Che court, and ought to be
compelled to disclose whatever he.
knew.
The chief justice decided in their ia
voF, and required the witness to pro-
coed with his testimony.
Mr.. Power, however, resolutely re-
frscd.-'Time was therefore allowed
until three O'Clock TO consider whether
he would obey the Judge or not. AT
that hour be came again into court
but, [Ir, Wirt being then engaged in
speaking] no notice was taken Of his
appearance.
Mr. Wirt began his discourse be-
tween II and l-.o'cEoek, but had not
finished when the hour Of adjournment
arrived. Els speech, 50 far as he pro-
gressed, shone with bis usual FIRE of
eloquence, and was peculiarly lumin-
oEs iii algumE ut. s- -rf
The court adjourned ELL Monday
ten o'clock. T H 5
Monday, Oct l9-ls o'clock.
Nearly the whole ofthis day was oc-
cupled by Mr.. Writ, who concluded
his able speech about two o'clock--af-
ter which Mr.. Power and Mr.. Swaft-
went were again called and examined.
The evidence and arguments Of coun-
sci having been concluded the court
adjourned till this day Thursday eleven
o'clock, when tits understood the final
opinion Of the % hief Justice will be de-
livered
Ohiaion of ne chief Justice.
Il O'Clock The court has Just de
livered long and elaborate opinion, in
which5it determines, that it would Be
improper to commit the accused on the
charge oftreason-" ,aa aav 1uir
The conclusion Of the opinion is as
follows: shall commit Aaron Burr
and Herman Blannerhassyt for pfepar-
ing and proyiding the means for a Mill
tartexpedition against the territories of
foreign Prince WITH whom the u. S.
were az peace If4Hose whose province
and duyy it'i5 u prosecute offenders
against the laws OF the United States
shail 10 ofopinion that crime ora dar-
ker dye has been committed, iris' not
their choiceto act in conformity with
that opinion.-lsrlel Smith is not pro-
sed to have provided or prepared any
.leans fyhateytr,and Therefore shall not
commit hlm. fhe has really offended
against the laws he may b. prosecuted
for the treason n Kentucky, or for the
misSemeanor IN his own State, where,
ifany where, his offence has been
committed. !"
Mr.. Hay moved 10 have A. 3. and
Fl. b. committed for trial in the Dis
1rict Of Ohio.
--~rs =. sas---.