Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-06-24

bly, be near New Orleans. You will by all
the means IN your power, aid the army
and militia III supprcssing this enterprise.
lou Will with your boats take the best DO
Stion TO intercept and to take and if neces-
sary to destroy the boats descending under
the command of Col Burr or of any person
holding an appointment under him There
Is great reliance on your vigilance and eX-
erions.
have the honor to be,
Sir, Your most ob't servt.
(Signed,) RI: SMITH.
Capt. JoEN SHAW,
Or the commanding naval officer at Nezv-
Orleans.
{" H,ar DEPARTMENT, Dec. 90, 1906.
"SIa,
"THERE is reason for believing that
an association OF unprincipled, ambitious
and deluded men, has been formed for pur-
poses hostile to the laws and peace OF the
United States, and that they are now de-
scending the yer Ohio and Mississippi, in
considerable bodies, with large guam titles
or provisions and military stores, and that
New-Orleans will be the place of general
rendezvous. or perhaps attack i'll the first
instance. You will, therefore, in concert
with the governor, make every possible ex-
ertlon in your power for defeating their
views, and for securing both men and
stores; especially their leaders.
The gun boats will receive orders by this
conveyance TO take post up river.
The artillery lately purchased from the
| French government will probably be aim
ed at, as well as ether military apparatus
indeed, the capture of New-Oreans and
all public property az that place, is pre-
: law IN ln,s ii NO ci,,
am very respectfully,
Sly, you, ob'e servant,
(Signed) II DEARBORN.
| 1t Col. CONSTANT FREEMAN.
| CERTIFY that the within is a true
copy from the records of the department of
war.
Given under my hand and the seal of
| the war Office of the United States,
! /. S. this seventeenth day of June, one
thousand eight hundred and seven.
| II. DEARBORN,
| Secretary Of War.
| Mr.. RandoLhh proceeded to make his
motion that a rule be made against Gen.
! Wilkinson, to sheW cause wherefore an
attachment should not be awarded against
him for contempt OF the court. After
some preliminary observations, he was a.
bout TO Introduce the affidavits of James
| Knox and Chandler Lindsey, when Mr..
| Hay objected to the reading of those affi-
davis, on the ground that they had been
written by the counsel of Col Burr; tho
they might have been dictated by the wit
nesses. He said he did not doubt that the
! gentlemen intended to act fairly and homo
raOly on the occasion, & had designedly in
serted nothing improperly. But he sup
| posed the course of the business had been
| this The wines es went to Col Burr.
/ and told him their tale concerning Gen.
I Wilkinson his counsel then drew their
afidavits, and delivered them to the wit
! ncsses TO be sworn To-. He observed that.
where aftidavits were thus taken, thew
| ought not TO be received in any case, tho
the court was satisfied Of the integrity and
/ fairness OF those by whom they were Ia
ken; and cited 5 Term. Rep. 403, III which
| it was decided that an affidavit szcoy,1 10
6eiore the attorney of the party was not
admissible; observing that here the obiec-
! ton was much stronger than in that case,
because these afidavits were not merely
s7UorH 20 before the counsel of the person
on whose behalf they were exhibited, but
had been fenHed by them.
Mr.. Baker one of the counsel of Col.
Barr declared that he wrote the affidavit
vi OilAilNtNl A<itiNtoANY IL request mat
the witness had brought him a paper writ
ten by himself as the substance Of his affi-
davit, requesting him to draw it off for the
purpose OF putting Il in proper form and
correcting its grammatical inaccuracies :;
which he had accordingly done.
Mr. MRGe observed there was less diff
! iculty in the objection, because the Wit
nesses were before the court. If they had
been at distaace, said he, we would have
waved 1t; that it might not seem that we
feared their afhdavits, or wished to keep
| their testimony from being heard. The truth
is we have no such fear: we wish nothing
to DC be concealed but as the witnesses
are here, we insist on their being exa-
mined openly before the court ; on the We
ry ground Of the objection, made by the
Counsel of Aaron Burr, TO affidavits offer
ed by US. There, although the witnesses
whose affidavits we're offered were at a
great distance, they insisted that they
should not be read, and called upon us to
produce the persons themselves Here, no
good reason can be given for reading these
afiidavits since the witnesses are present,
and, if the gentlemen wish the whole truth
to come out, they will consent to the pro-
posal Of examining them viva voce.
Mr.. Hickman made several observati-
ons against the proposal the most impor-
tant Of which we're, that the usual practice
on collateral motions, (such as for rules to
shcw cause, for continuances, and for at
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