Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-10-23

ne tHdt ~ Was irregular SNN IIep0iJ HtStf
because no writ could be served on u sun
day, and secondly, because it ought to
have come through the nands OF the Mar
shaI 0G the district. soon found that
nv objections were nuga,ory. had
heard that several others had been sub
poenaed, and were excused from attend
ing by giving their affihay!ts. offered to
do the same, and to declare that | was TO-
tally iguoraot Of Rurr's plans.
Those objections of mine were not admit
ted nor would my affidavit be received.
On my expressing a reluctance TO attend,
] was given to understand, bv the agent of
Col Burr, that by the same authority which
was exercised on Knox last winter and by
which he was put ON board ship and con-
fined with malefactors, ! should be treated
III the same way. This, | confess, had
more weight with me than all his logic.
TCol. Burr. Are YOU about TO object to
answering the question A. | am, Sir.
! believe it is q fact too generally known
that for several years prior to running the
boundary line between the u. States and
the Spanish provinces, l was employed as
an agent for my government. Mr.. Hay.
Are you going to answer the question IS u
the correspondence A. / an, about 70
SNCW NY SlNudtibil W )C 81 NSi 'SdNNs b'itAb
cannot consistently with honor answer it,
nor can answer any question which may
operate against the King my master.l Col
Burr. Had YOU any mercantile connection
with Gen. Wilkinson? A. had n0r
Col. Burr said that he did not think there
had been any pretext offered which would
justify an evasion of the question.
Mr. Power. What would be the amount
ofthe deposition Of : man, who in the very
act of dcposing, was breaking his most sa-
cred engagements, and pronouncing HIM
self purged villain.
Col. Burr Are you under the obligation
of an oath, as to the transaction! A. |
am under the obligation of the honor of an
officer AN obligation of the highest dig
nifty which was imposed upon me when
accepted the badge of my Office. never
did repeat any set form OF words the mere
fcrmulary Of an oath was never proposed to
nc; and my superior officer knew my Sch-
Such a proposition should have rejected
with disdan and Indignation.
Mr.. Wickham said that, however I'M
pleasant it might be to Mr. Power to an
swer the question or whatever his ideas
might be as tn his honorary engagements,
Still it was necessary for the sake OF jus.
tice that the question should be answered.
Mr. Powers being an officer Of the King
of Spain could not release him from The OBJ
LEGATION to give evidence in a court o. JUS
tice. He was now here, within the power
Of the court, and would be dealt with as
any other citizen of the l.. States.
TIE Chief Justice sud the question must be
answered though he was very sorry that the
necessity existed. The objection 20 answer
was II. a valid one
Mr. Power Iheve sltcady said that when
the interest Of the king my master is imPGc:
ted, viii not answer. The court may take
what measures it plcases. (ad''rcssinE Colo
mel BURY Place Yourself in my situation, Co.
Burr put your hand upon your own bosom,
and soy what you would do you'se;f.
Mr. Martin, Gin a piaintive tone o: voice.
begged Mr. Power 60 recollect that thc'iic OF a
mar was at stake man VINO was prosecuted
with rig3r by his own government. re must
renoilcct the Importance and necessity Of call
ipr in the aid ofa!l the evidence which can he
procured 20 exempt him from unnertcd pu-
nshment.
Mr. Power. feel full wei the situation oc
Col. Burr. But have more NJ stake than Col.
Burr. have my honor, ms reputation, which
are more dear 20 me than life or property.
What would my family, my children, do with
prorcctv, IF these were violated
Mr. Wickhayn said he would rot press the
answer at chat time, nor apply to the court 70
taEc.the necessary measures 90 enforce 1t ; but
would live MIR po,,cr a few hours 60 re icc,,
He vii be expected 20 attend here at 5 o'clocl.,
at which time the same question Will be rcPca-
ted
Air Power attended I'tlc before o'clock,
and remained far several minutes after Bet
Mr. Writ hcir~ then in thc ridst of his arE,'-
ment. Re wss not callcdtil after he had left
the court room. lie was again introduced on
Monday.
I~olonol Burr offered TO reaithe dispositions
Of cssrs. Mercicr and Dcrbignv.
Mr. Hsy objected. both because it was ina
pr er t. read dispositions where the wines
81 nigh he had aud because thcy contained
M ter pprorcr to &c gircn IN evidence. be
IT.. ancc he deposition OF Mr. S,Oddmt, which
tie court 1oud rot suffer TO bercad, although
besides being subpoenacd, he Mr. Hayl mad
written him several letters pressing his atteD'
dance. he said ,hat the absence Of the wit
noses could not De justified on the ground.
stated By them. The excuse offered by on
WIS nothing butthe death ofhis father-in-!ow
ard hy Ire other was, tlat the distance and OK
pense attending the journey, and the loss OF ld
ncrsonal cxcrtions Tor a subsistence TO his ia
inilv would produce utter ruin 90 them, II i'
we're 20 attend Nam o.hef witnesses had al
tended under circumstances much more op
pressiye.
The counsel Cor Colonel Burr contcnded tina
there was vide difference between the cas-
Of Mr. Stoddart and chat Of these WITNESSES
M Stoddart was convenient % thc co',.t, an
his Attendance might be enforced. Beside