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

arrefted aud confined, and yet remain perfectly
iafr and fscure from any puniflinent for his
perjury.
Chief Juaice. The QUESTION as to the policy
or motive ct the legislature in changing the oath
is different from the qusftion before the court,
which is, what is the legal e:setf OF the change
The original policy required the oath but as
the leginGnre have changed ii, cannot fee
how the Inference can be avoided, that their
opinion of the policy 10 altered.
Mr.. Writ. IL 1t Glould be dif:ovcred that
IN the original ineitution, fecrecy was nccef.
iary, Independently of the oath, the court
would not then receive the teitimouy, without
the oon!eut or both parties
After tnme few defuitory remarks relative to
reierviug their objection TO Mr.. Tazewsli's tef.
tlmony, Mr. Burr iaid that gentlemen might
Chiet Jufice again Gated, that the original DO.
Icy OF the Intuition which preien!ed the
oath of tecrecy being changed, The teNimony
he fuppofed mue be heard, and
Mr.: Tas ;veN zvaJ Evo,u.
I Mr.. Burr. Gan you fate the queftions you
put TO gen Wilkinfon in the grand jury, and lis
anfwers?
NJ. TaseVeH. 1t would be perfectly impof.
liole to tate them all, from the length of time
he was under examination but have notes Of
the taets itated by him from which & my memo
gentlemen may be pleaisd to ak.
Mr.. Burr. State what you recolleet about
the formation of the cypher.
Mr.. 3aSzveH. There are three kinds of cy.
piers The original cypher was produced
before the grand Jury, in order to enable
them to decypher the letter received from your.
telf, (addrefing hmielf to col BURY. 1t is the
Alphabetical cypher, formed from an edition of
Eot'ck's pocket Dictionary, now before the
court; bat as proper names occurred, the die
tioDary would not anfwer the purpolr, and ar.
btrary marks were invented to repreient them.
The hierogiyph;cs, were fated by gen Wilkin-
Ion himief, without any interrogatory put to
nm, to have been devfed by capt. Campbell
Smith IN the year 1894 the dictionary and ar
bitrary alphabet and arbitrary 6gns for units,
were dehgned in 1859 or 1900.
Col. Barr. Were there any objections made
as TO thefe dates A There were objections
as to thefe dates in my own mind. The cypher
was formed in 1894. On the face Of the cy-
pher thete words occur, 4" Canada, Louifana,
and Ns1U- OrIranI" 1t fcemed 10 me circum-
itance fomewhat fngular, that as early as the
year 1894, cyphers relative to thofe countries,
Mould have been adopted, when probably no
individual in this country had the acquilition Of
Lomfana, in contemplation, as it was not pur.
| chaied till Tome. years afterwards. aaked him
why he thought of a cypher expreflive of that
country, at that time He faid, that he could
not explain the reafon then, but that he would
examine his papers, and would tell US. The
next day gen Wilkinfon, of his own accord, told
us, that the treaty: with Spain, about the free
navigation Of the MifIifiippi was formed about
the year 1894. Bat he had correspondence on
that fubje6f, which was of great moment to the
! Wettern country.-That in the year 1894 he
was an officer in the army which marched near
Canada againt the Indians, and thus therefore
part of the cypher had relation to Canada. He
laid that the cypher might have been formed in
the year 1894, 1875, or 1896; but he! believed
IN the year 1894. He was afked whether he
could be more explicit as to the time, aud he
gave the fame anfwers, as he gave to-day in
curt. Mr.. Burr. Did he ai1ign any other rea-
Ion, why the CIPHER had relation TO this conn-
try! a do not recolled that he did, or whether
we a!ked any further queftons on that fuhjeet.
Mr.. Burr. Did gen Wilkinfon Gay any thing
about this letter to me? a 1t was fubjea of
great interelt with the grand jury to underfand
the cyphcr and the contents Of the cyphercd let
ter, after decypherng it, it excited ftrong with
IN them TO fee the latter pot marked the i 9Th
OF May, referred to in it, as having been receiv-
ed from gen Wilkinfon, by you, in the courfe
of the correspondence between yoa. That
with waa strengthened by the teaimony of MIR.
Swartwout, who faid, that he had feen letter
from gen Wilknfon to yourfeif-that it was
partly IN common writing, and partly in writing
I In cypher.-And that the letter contained thefc
words, " I an ready" Odeaions were then
put to general Wkinfon, whether he had w it.
ten luCh letter. He anfwered that his impref-
fon was, that he had written one, perhaps two
or three letters that he was ftire, but that his
! inlpreiiion was, that he had written fome let
tiers. He was then interogated as to the con-
tents of thole letters. He faid he could not re-
collect them, but there was one expreilion which
he wrote on that location, which he did recol-
leet and his object in writing it was, to difco-
yer Mr.. Burr's real detigns-that EXPIRE I'll IN was,
81 fancy Miranda has taken the tread out Of
"yoHr monb-anl i baNbs ready for tie grand
+" expedition bctors yOu arr" Mr.. Burr. What
motive did he afgn for faying that Miranda
| would take the bread out of my mouth, and
that he would be ready for the graad expedite
on before would ? A He faid that he had had
an interview with you at St Louis in which
you tated, that you had fome great project in
contemplation but whether it was authorized
| by the government or not, be did not explain
| nor did you then enquire. He faid, that this
| vSaS all the information he was poGtfed of, al
that time, Of your defgns-that he was fatsii-
ed you had foms great project in view--but had
not e1prened what that projea was that he
| was therefore anxious to- extract from you
your real defgns. That the object of the cor.
refpondence was TO develope thofe defigns.-
Mr.. Burr. Did he afiign any reafon for wiGlne
to developc my dcfign A. do nor recolIeet
that heidi, or did not but the avowed Object
was TO communicate them to the government