The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-10-20

II DrOOcT
time fhould como tor divule;ne it! A. He did {;
until he could obtain, more complete Informs
ton from fome OF col. Burr'se agents then in
tbwn. Mr.. Hay. Was col. Freeman then at
New Orleans? "A He wac.
= Mr.. Wirt What was the Rrength of the
garriion in New-Oreans? A In the upper
tort there were Founders, aad one "a poou-
der. All the guns in the lower fort were diff
mantled. In the upper fort there were men &
a corPorars guard. l am fure there were not
imore than guns there. Mr.. Wirf. What
was the number of regular men in carlton.
a 1t was ima Carlton. Generally, there
were parts of 4 companies of regulars there.
| What was the precifr number of men do not
rccolett. Mr.. Hay. Did not thofs who were
re:ponlble for the iafety of New.Orleans fuf-
pect many of difaHettion a did fuppofe,
that there were many in and near New Orleans
who were inimical To the government of the u.
S.-Mr. Wrf. Suppofe an attack had been
made by heet from below and,an army from
above, would the people of the city have reitt-
ed with a proper fpirit: A thought, Sir,
that the people were not as patriotic as they
ought to have been. Many endeavoured to
discourage the belief, that there was any dan
ger os an attack.
Crof5. Esamiued.-Mr. WTek5am. Did gen
Wiikinfou ihow you the cyphered letter A
Yes, in manufcript. Q Did he fhow you the
tranfia.on A He did. Q Was it gen Will
kinfon's copy? A 70 underftood il. O As
a copy of the whole letter. A Yes; as the
true copy of the whole of the letter, received
by gen Wilkinfnn through Mr. Swartwout o
Did you fay there were companies of regulars
at Ncw-Orleans? A faid they were not full.
Q Was there any alarm, before gen Wilkinfon
got down? A None tina, heard Of Mr..
fYIekbnm. Did you fufpeet the people of New
Orleans to be difafs eted becaufe they would
not believe thefe rumosrs? A No; not for
that reaion. believed Them dif4ffeete d, for o.
Their reafons. Mr.. WIekbam. Whit thefe ru.
mours prevailed, did the ordinary commerce of
the hat-bottomed boats coming down the river
Icontinue! A 1t did. Q Did the mails arrive
asulual They were not regular in Janua-
ry, thought fome Of my letters were detain.
ed, and then determined to communicate
with the government by water. O Did you
obey any orders from gen Wikinfon No /;
our frrvice was quite diltiRet. But had or
der, to cooperate with gen Wknion and
he might tend the tquadron to what point he
pleafed.
Q WHO gave you the orders to apprehend
col Burr! a They were from government and
/ think from gen Wilknfon. My orders from
the government have been publifhed, and fup-
pofe col Barr may have feen them in Natchez.
The original orders are at my lodgings. Here
MIR. Hay produced copy Of thrfe orders. Mr.
Barr. That is notthe order, Commodore. Shaw.
which was publiihed at Natchex? A (Having
read it.) The very fame, fir, ver5ati,n. o
Did you not fee an order in the newspapers, d.
reeting my boats to be deitroyed &c. l
did not. fir. Thefe orders (thofe in his handy
. were put on the cuitom-houie books. Mr. Burr.
Was there any qualification elf attacked" in
the order that was publifhed ? There was
Q Was it not an order, to attack and deftroy ;
without any qualification A OH no, fir.
WI.naDE5 on bebaJ'ef tie ACCRUED.
Lit!eton w. Tase7veN was called to be fworu
a, wi.nefs on the part of the accufed.
} win, before ] am fworu, that the point
5 ihould be determined by the court, whether
as grand Juror, l. am bound to give evidence
of what paffrd in the grand jury-room. do
not with that the community or the grand jury
ihonid lofe any right they may have, by any
acquiefcence of mine, il. by law, grandeur
man ought not to be, called upon to Rate, what
: happened before the grand jury. Ifubmit my
felf to the court, and will act according to It's
judgment.
Chief Juftice. There is no doubt but i,
would be improper for grand Juror to he cx
anned to etablifh facts as founded on the evi.
dence given before grand jury, becaufethe fta:e
/. ments fworn to before them are only exparts .
, but as TO what witnefs now called upon, did
!. lay before the grandjury, evidence may be
} given by any Granddaughter to prove the con.
r fRency or inconfiftency of the witnefs. As an
individual cannot fay but approve of the
, original policy of the law, which preicrbed in
the oath of grand, jnrymen, a claufc of fecrecy
but when the Legislature of my country have
changed that law, and truck out of the oath
what relates to iecrecy, it proves TO me that the
legislature thinks differently.
Mr.. Hay. This circumftance has weight.
thought we could not come to this queltion tc
: day, but it involves the MOI fetious confequen.
ces. The grand-juryr,an is called to eftabliHf
fone change, between the fatement of Genera
Wi!kinfon before the grand jury, and his fate
T ment made known in court. The court Dug hi
: TO hetltatc, before they admit fuch teftimony
have keen told that the reafon which induced
, the Legislature to make the alteration in thu
: oath of grand -jurymen was this.-AIl prefen,
ments were to be made, on the knowledge o.
tGoo Of their own body, Tor on other legal ev
] deDce,) and as their oath required that the,
: !hould keep fecrecy, it was often rnpofible fol
, the attorneys who profecuted for the common
wealth, to profecGte with effect, as they coulc
: not know the names of the witnenes, and &c
remove this obitace to public Juice, the clauf
I ct fecrccy was fruck out. IF the opinion q
= the court be not deeiiveIy made up, / laoulc
with to have an opportunity of rejecting on tht
$ iuhjeet, and fhewing that this evidence ough
f not to be admitted
Mr.. Wickham obferved that the legillatur,
, had no doubt well weighed the policy of ths
J claue requiring fecrecy and had determined
agaInlt II that there was TO reafon why they