The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-12

TO near the return.
Mr. Hay then read the following certificate from
me ,ienuent' annexed TO Bis extracted copy OF Gen.
Wi,kinion's letter:
from Gen: Wilkinion to myfelf (Which having been
Tor considerable time of my poiIsG;on, is now
returned to me,) find in it rome paHayes en,;r,,v
confidential, given for my information in the d:fcharge
OF my executive functions, and which my duties ard
the public iDtereit forbid me TO n axe public have
therefore given above, correct copy of all thoe ,-,
which ought to permit to be made public. 1'hoie
not communicated are in wife material for ,he
purPoies OF utce the charges OF ,r.aio or nli.Je
nesnor, depending againit Aaron Barr they are on
iubetts irrelevant to any lues which can ariie OUT
OF thoie charges and could Contribute nothing to-
wards his aoqnittal or convciion.-The papers m.n-
toned ia the IN ard 81 paragraphs as inclcfed in
the letter being feparated thereirom and not in nv
Pohe non, am unable from memory to- fay what they
were 2r-'ume they in the hands Of the A,,or
nei Tor the u s. Given under n hand this 7th day
Of September, 1907
TIL: IEFFERSoN"
Mr. Hdy ohierved, that in Bis ORR and in ne Pre-
hdent extracted copy from Gen. Wikinion's letter
there was not variation Of more than 10 or IS
words: The oo>ited pa:rages. were indeed 70 mani
tehiy improper to be iub.miJted to the court
MIR. Hay Their roie to open die charge of the milf
demeanor May it Pieaie your honor and you gertle-
men of the Jury
The Defend'n, before you is charged with viola
ton OF the law Of Congress of the u s. paed in the
year 81. Asst originally food the esasnee Of tb;, law
was hmi'ed 10 ii"it period; but experience having
proved MS iausary tendency, it is now made perna
nent. The defendant nands charged with VIOLATING
the 5ih ieelion CT this ad and no other. Thai fec
ton is IN the following terms:
u any perion ihail within the TERRITORY or yr;r
dic'ion OF the united States, begin fer on foot or
provide or prepare the means for any military expe-
oition or eerprize to be carried nn from, thence l.
ga't the territory dominions of any foreign prince
or itate with whom the United States are at peace
very iueh psrton 10 offending, fhalI upon convieinp
ne adJudged guilty at high milden,eanor and fall
'uher nue. and 'nCriionment thc difcreton Of the
court IN which the conviction fail be had 70 as tina,
'ueh fine fhal exceed three thouiand dollars nor
the term OF npriionment be more than three wears"
you VIII ob!erve, gentlemen of the y,irv that an
offence againt this law NAV be committed Ly bepi,.
nng or ettng on foot within the territories Of IN.
United States any military expedition or enterprize
agah the territory OF any foreign prince late th
whom the United States are at peace The law de-
elares, that if begins or Ce,, ON foot. or pro
vdes on prepares means for ANY fuch offence, he ha
be liable TO puniihurnt.
The ndianent filed in thr cc!e contains counts.
between which there is fone q ght difference. Thefe
1t !; incumbent on me 70 Fate.
he Il count in the indictment. CHARGES the defer
tant with 6c5ia7iss military expedition at Banner
haileus land, to be carried on from thence agaiut
the dominions OF the king of Spain with whom, the
United States are in fate of peace
HE Dad charges him with ttftirg on too. militia
ry expedition againa the territory OF the king of
Spain.
The Ord i. the fame as the lao. excep, tha, the
province of Mexico, is haed as the territory of IN.
ded.
The 4th count charges the defendant with 8resifz,
i6s mean' OF a military expedition againl the tsrie;-
0H5 the king of Spain.
The 9Th is the fame as the An, except that Me.;-
co rs particularly mentioned IS the PROVINCE againa
which the expedition is intended
The 9th is the fame the 4th, exceo. ,ha, the 70,
reign territory is fiid to be unknown
The 7th charges him with jfffag on fcs. military
dsHgn agantt the domnions CT ioreign Rate to tn,
jurors unknown.
the evidence produced proves hin, guilty on any
count IN this Indictment, you mun fund hin, guilty.
MS IS all that you are bound to fay TIL. fue inn.
prhonment belong TO the COURT ilal trouble ynu
with no remarks upon the enornty az this offence
nor upon the consequences which were liz XIV To have
rruitd from this expedition had it been carried into
effect The court wi c,uGdcr theie circumstances.
IN ei''matng the fine and imprisonment. 1t is only
your province 70 determine whether he is guilty or
not OF the iseis charged in the Indictment
Itisnot neceiiary for 10 enter fully into tb. e.
Ndenee which will be exhibited before YOU The
Gale IS ihortly ,his l. is believed add il will probabv
hs proved TO you, thar the accuied with feyeraI o.
Tiers had formed fcheme 10 d;fmember the Wei
erp IRON the Atlantic Stacs. and that for this mr.
po'e preparations we're actually made Rut the de-
hgn did not terminate with the ieparatioh Their
otgect was to make upon the territories af the
Ring OF Spain. To effect this fche me- Neog O,leaus
was to be ieized & Mexico to lie invaded both by
land and lea During that period and ever Gnce that
Tune, SPAN and the United States have bcsn in 9a,s
OF peace. To accomplish this objetl, men, arms and
proviilons were prepared. About IS or 40 men ar-
iembsd at blannerhaGetts ifand under the direaion
Of the aceuied. II will be proved TO YOU that rhev
lett that place and defended the Ohio on his arpri
hing them of the danger If interruption from the civil.
perhaps the military Authority 1t will be proved TO
you, that after they had arrived at the mouth of
Cumberland river, they were joined by the accufed.
who took the command of all the farce there alien,
bled; that they defended the MilTinipp to conf
deraOis diitance below Nachez that at Bayou Pierre
he received the rfi information tina; IKE 6r mar, or
his proet could no, be accomplished; that he ellin
to the hands of the civil authority, from which he is
laid to have eicaped, and that he was arreGed and
brought here.
have only additional remark for your COM
The sa of oongrels is not intended 10
operate upon thoe who have accomplished their plans
ouceels IS not necehdry. II operates on thole who
prepare and let on foot military expeiition " ia
not neeesry they advance far in the enterrrifs IL
means are ALREADY accomplished and their deAnaton
IS certain, IS efficient You, gentlemen Of the Jury
are to enquire, Wheeler the aceufed did prepare tlee
means with ne view Of making fseh an attack Il you
conceive that fuch was his Intention YOU muI pro.
nounce him guilty.