Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-10-05
BURR'S PROSECUTION.



IN the Circuit Court, the 10Th
Hay brought forward his moti0r
to commit Col. Burr, Blannerhafct
and Ifrael Smith, to f5nd them TO a
mother diitrict for trial.
Col. Burr, demanded that a lpeci-
tick cb1rgs Of time, Place and ffnce
ihould be made againt him. He
was confident, he laid, he could put
a top 20 all proceedings respecting
himfelf, by pleading his VERDICT Of
acquittal.-But as it had been boldly
afcr;ed, that acts Of war had been
committed, he fhould fufpend plead
ing his acquittal, and indulge the
Protectors in the relation Of fuch L.
gal evidence as was adapted to the
fact Of war. He again demanded
specification of the charge.
The Chief Jufice faid the charge
mutt be reduced TO writing if requir-
~ D1 lAAS dNCulCu.
Mr.. Hay ipecihed the place to be
the mouth of Cumberland river I;
bug it was not known in what State
it was. But he faid if he was to fpe-
city place, and the evidence fhould
eitabliih the fact, at any other, the
Court ought to commit for trial az
that place where the fact was COM
mitted.
Wlnehes were called to prove
tranlactions at Cumberland river !;
but when they mentioned facts which
they itated had taken place in the
MiaiiiiPPi territory, they were flop
ped by Mr. Burr's council, who OBJ
jected to the introduction Of any tef-
timony of facts our of the iurifdic-
ton Of the State of Kentucky.
Mr.. Bolts contended that no fur
ther :eitimOny could be heard OH the
preient motion. He relied on Mr..
Burr'S former acquittal as a perpetual
bar TO any future profecution; and
that the act Of Congrefs which au-
thorlzes a Judge to tranfmit perlon
charged with an offence from one diff
trlct to another for trial, does not ex-
tend to The territorial governments.
He was followed by Mr.. M'Rae, on
the part Of the United States.
On the 18th, Mefrs. Hay, Martin,
Writ, WiCkham and Bolts feyerally
delivered their opinion on the motion
OF yeiterday. An mutual ihare of
animation and eloquence marked the
fpeeches Of all the gentlemen on this
interefing fubjed. The argument
was not CIo(ed,
On Friday MIR. Randolph clofed
the Chief JuttiCe delivered the opin-
ion of the Court, that he had no
power by law to commit for trial in
the MlaiGPPi territory But he
would hear teltimony on Burr's con-
duct 7yitbIH The United States.
Witnedes to conduct within the
y. S. were then adduced After
which Mr. Hay iaid he fhouId refer
il 20 the Court, how far the evidence
produced proved an overt act Of rea-
l0n and if it did he fhould be at lib
erty TO produce the collateral or aux
ilIary teitimony Adjourned.
The mott that can be faid about the
nativity Of the de(crters, taken from
the Chefapeake, is, that both fdes
have failed in the full ftatement Of
facts. The Britiih commodore al
lodged, that the men demanded, were
Brltifh fubjeas but it is now prov
ed, that thofe taken away from the
Chefapeake, and which are prelumed
to be in the lift Of thofe demanded,
were Americans, excepting me
what countrymen thofe were, who
dcferted while the frigate was paiing
down the bay, is not fully known,
though aGcrted in the Halifax papers
to be Englilh delerters. Mr.. Ieiftr-
fon fays, in his proclamation, that the
men demanaed, as well as taken alUay,
were previoGay proved to be Ameri-
can't now, however, turns out,
that one Of them at leait, was an
Engliihman, and that the conGcGion
comes fromhis dying lips.
[B3Roa GAG
The affair Of the Cbedbcake, in all