The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-03-06


verfation' the whole efforts of COL Burr direct
ed to prove TO the witneis who to have held
high command under him, the praeiieabilty of the
enterprise, and in explaining to him the means by
which it to BE- eReacd.
This dePotion exhibits the various fehemes Of col.
Burr, and ito materiaity depends on come Cling the
proners the bar in fuch Of thofe fchemes as were
trsafonabe. For this purpofe the affidavit Of general
WilknfOn eomprehsnding in its body the fubAanes
OF letter from Col. Burr has been offered and was
received by the circuit court. To the admiiiiou of
this teftmony great and ferrous objections have been
made. 1t has been urged that it is voluntary,
rather an extraudieal affidavit made before perfon
not appearing be a nagilirate, and contains the
fubfance only Of letter. OF which the original is re-
tanned by the perloR who made the affidavit.
The objection that the affidavit is extrajudicial
folves telf into the suction whether magitrate
may commit on an affidavit taken before another
Citrate. For If he may, affidavit, made the
foundation ola commitment eeaies to be extrajudsi-
al, and the Psrfon who makes it would be IS liable
profeeutiou for perjury as the of cont
nnitment had been idusd by the magiiirate before
whom the affidavit was made.
To decide that an affidavit made before magiC-
trate would not jutfify commitment by another
might in many cafes be productive of great inconve-
nsnee, and does not appear iucepbe Of abufs if the
variety Of the certificate be efabhed. Such an Aft
davit feems admble the principle that before the
exParte The therefore over-rule this obi ii-
on.
That which queaions the character Of the perron
who has this location administered the oath s next
to be cenGdered.
The certificate from the Office of the department. of
tate has been deemed Inefficient by the eounf-l for
the proners, beeaule the law does require the APP
pointment Of magRsa,es for the territory of New
Orleans to be certified that office, becaufe the
tifcate Is in itfef informal, and beeaufe it does not
aPpear that the magra,e had taken the oath r.quir
| ed by the al of Cengrefs
Tn. hra Of thefe objections is Imported by the
law of the eafe and the fseond may De 70 readily
fubje as If it were corrected, retaining however
ny final deeiGon, if again the prifoners uR the
reetion ihall be made. With regard to the third.
the magiltrate nun be prefumed to have taken the
requiiite oaths. ince he 10 found acting as n,asf
4 trate.
On the admiiibility of that part of the affidavit
which PurPorts to be the ubanee of the let
ter from Colonel Burr to General Wilkinfon, the
latter could interpret it, dvion of opinion has ia
ken place, in the court. Two Judges of opinion
that as fuch teimony delivered in the prelenee of the
prsner on his trial would be totally inadmible nei-
ther can be coniidered foundation for commit
| ment. Although in making 4 commitment the ma
Citrate does not decide the guilt of the prifoner,
yet he does decide on the probable caufe, and long
and painful imprisonment may be the confequenee
OF his deeiion This probable caufe therefore ought
to be proved by teffmony in itfelf legal and which
though from the of the cafe it mutt be exparte
sught in mot other reipeds to be fuch a court &
jury might hear.
Two Judges are of opinion that in th, ineipien,
Rage OF the profecution affidavit Eating the gene
raj purper Of letter be read particularly where
the Perfon in poeffion of it is great ditance
to admit OF it, being obtained, aud that commitment
may be founded on it.
| Under this embarraifment il wa, deemed pecenary
to look into the affidavit for the purpofe of dsoverie
whether if admitted it contains which would
uify the commitment of the prifoners at the bar on
the charge Of treafon.
That the letter from Col Burr to general wilkin-
ion relates to military snterprife medtated by the
former has net been suefionsd. If this enterprife
was againf Mexico. it would amount TO a high milf
demeanor, if againf any of the territories of the u
nited States, if in its progrs the ubveron of the
government OF the United States in any of their
rtores was mean clearly and necefarily to be en-
plOysd, if fueh mean formed fubtantive part of the
plan, the anemblage of body Of men to efea il
would be levying war againft the United States.
The letter is in language which furuifhes no diflna
view Of the dsigu of the writer. The cooperation,
hswsver, which is aated to have been fecured points
HrOngly to Tome expedition againa the territories of
Spain. Alter making thefe general ltatements tbs
writer becomes rather more explicit and fays
Burr's plan OF operations Is 20 move down RAPIDLY
from the falls the 9Th of November with the 6rit
500 1900 men in light boats now contracting for
that purpole to be at Natchsz between the 5th and
18th of December, there to meet Wikinlon then to
determine whether will be eIpedient in the frt in
fance ofeizs on or to pats by Baton Rouge. The
people OF the country which We are going are prs
pared TO receive us. Their agents now with Burr
fay that if we will Protea their religion and will no,
fubjs8 them toa foreign power, IN three week. all
will be fetted."
| There is no exprefIion in thefe fsntcnee, which
would jutify fufPiesn that any territory of the II
8. was the objed OF the expeditions.
For what purpofe feize on Baton Rouge, whv en-.
gage Spain agan this enterprise if it was deGgned
againff the United States
The people of the country to which we ara oo;po
prepared TO receive u.s." This lauruaoe !, ,ecnl;,
arly appropriate to foreign country, Ii will no, h,
eontended that the term, would be inapplieable to
territory OF the United States, but 9th terms would
more aPty convey the idea, and Burr feens 70 con.
ider himelf as giving information of which Willin.
fon was not Poiisfled. When it is recoll.e.d tb,,
he was the governor of territory ADJOINING tb.,
which mua have been threatened, If a territorv Of
the United States was threatened and thar he ron,
nanded the army, part Of which was flationed in
that territory, the probability that the information
communicated related to foreign countrv. +, nun he
admitted, gains itreBgth.
Their agents now with Burr fay that If we will
proteG their religion and will not iub;ea then, %
foreign power, in three weeks all will be fe,tled"
1hsis apparently the language Of people who
from the contemplated change Of their political G,ua'
NeeC fear tnr q nofrE eli.