The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-10-16

al va H. C.f-n't sSonft that therefore Burr
ought 20 &c :ert, under efficient guard, di-
retsed to The City ef Waa.ps,on, where the
Supreme Court of til Uni,cti States would be
III isG:o2, and the judges attending from every
par! OF The union, could d;reN tire accufed TO
nc tried IN hr dinrit where, from the evidence
u nigh onrtar,hat AZ overhaul of treafon had
been con';ni,,ed. But judge Rodney, thought
differently and aen;re faeias was i!ued reauir.
ing the attendance of f:ver,y.Ex jurors at an
adjourned E iiion of the Supreme Court, of the
M'fli3iapi Territory. held in February laft.-
tto'n tie nnmber OF jurors attending, a grand
jury of .: perfons was f-ietted, who received
charge from jsdge Rodney, and adjourned
unti' The ncN' DAY. At the meeting ofthe court
the next morning, moved to difchsrpe the
grand ia'y; I. Becauie the court did not poi:
'et4 original iurifdiaion in any cafe. .. B-cauie
the depotit;ors, fIbmitted TO my infection did
not fnrniih tufiicient evidence to convict col.
Burr of the offences with which he wa+ rharg-
ed, 10 as to bring them within the M;iE!iippi
territory. s. That warrant might iIue, tranf
uniting the sccufed to court, having compe.
tent juridietion, to try and puniih him, if gnil-
ty OF the crimes aliedged sgainft him. The court
being divided, on this motion, it was overruled.
ihe grand jury then retired. I determined to
prefer no indictment, and left the court. Ia the
evening while was engaged in the Leigh ,ture,
meuage was TENT me by the court reuueitipp
my attendance. Immediately repaired to the
courtroom, and was deiireG to look at the IRE.
tentments OF the grand jury. peru.ed them,
and found that the grand jury, had prsrrnt,d
the acting governor for caliiag aut the militia
the manner in which col Burr, had furrcnder
ed to the civil -au hori,y-the proceedings AZ
Orleans; and believe, the general government
itielf, did not eicapc. felt, and declassd nv
2.tODfinrnPDt \ fprh l. 4
and informed the court that aiould take no
tltther notice of the prefentments, and retired
Judge Rodney, believe likewife, cenfured the
conduct OF the grand jury it may be proper
to mention, that Respectable proportion of the
jury withheld their ignatures from thc(e pre
ientments. Col Burr, that evening, went TO the
houfe of col Ofmun, and disappeared. / after
wards attended the court, and had A Indictment,
aiJt entered on the recognizsnce given By Burr.
and his fecurities, Lyman Huding and bapiiab
Cimun; a Jc1re fac;as was i;iued and ferved on
the iecur'ties which is now depending before
tne iuPreme court of the Mfitiippi territory
know not except from hearfay.
Croy5- Examined.
.Queftion by Mr.. Martin. Have you COPY
OF the recoenizance laid TO have been entered
into by col Burr? ] have not, but have feen
copy in the hands OF Mr. Hay. O Were Won
prefent when it was executed? A No.
Mr. Martin. You iaid that the judges or
dered icventy Fix jurors to be fummoned. Who
were the judges A Bruin and Rodney-
Mr. EMkbSm. Do you know any thing of mi
lltary men ient from New Orleans, to icize col
Burr? a l underitood that there were, and
that DIR Carmichael, who refities in the M,G
Ter. was one. Mr. VIekbam. Was there an
expectation inthat part of the country that zen
Wiikin.Jn had fent men for that purpof;.. and
that col Burr wonjd be itZed? a Il was talked
ct, & generally diiapproved. Q Where was col
Burr at the time of his entering into the con-
vention on the wen lide Of the Miiiifffphi, a
He WAS in the territory of Orleans, and, in Dur
fuance of his agreement came over to the Milf.
Ter. Mr. HIek5am. Did col Burr lecrn 70 he
apprehenfvc of military force: A He did NOT.
except that he was particularly unwilling to fall
into the hands of gen Wiikinlon. II. enon;r.
ed Of col Fitzpatrick, mai Shields and myfeif,
whether tlsrc was any pats or way above Nat
chez ,hro' which he could get To Ouachita, and
wifbed TO know whether there was any perfon
who could he employed to pilot him. We gave
him no fatistactory anfwer on the fubict. NV
own impreihon was that be wanted 10 etabliih
hmieif onthc Cpachita, as place of readcz
vsus to which HIS men might rally. MIR EI;ck
ham. Have you under!tood that an officer OF
the army was tent. by gen Wiiknion TO take
col Barr? A / f<ard Lieutenant of the ar
my (but had rather not mention his name) fay
that he was one of the perfons employed for
that purpoir.
Here MIR. Hay offered to read the recocni.
Zance entered into by col. Burr IN the Miiiif,ip.
pi tcrrilory.-Mr Martin objected to its being
read and declared it forgery. He faid he was
willing 10 aniwer the confeGuences to Judge
Rodney, and to give It under his hand thar il
wa5 furgcry.-Mr. Hay. Judge Rodney is 70
near Mr.. Martin that you can anfwer for it with
perft G /1gtSt1.
Mr.. Poindexfrr. Mr.. Harding, one of the
fecuri,ies IN the recognizance, Gid that the re.
cogniz1uce returned by judge Rodney was not
the one entered into by col. Burr, Mfr. OCnun
and himit'F. Bat do not think it was believed
by one honsh man in the territory.
Mr.. Hay. Did the paper Of which this is an
authentic copy, bear any mark of eraZure A.
Not that recollett. 1t was in the uGua form
in which judge Rodney took other recogniZau.
ces that the perlon bound ihould attend from
day 70 day until diicharged by the urt.-Tbe
recogniZinces of BlenuerhaGett and others IA.
ken on the fame occalion, were in the fame
form. Jahge Rodney informed me that Mr..
Harding fat down to draw the recogn;zsnce.
and, after beginning it, faid it was ulelefs to 90
through with it that they would acknowledge
thrmleivrs bound before him, and he might
mike GU; the recogniZance in due form ar his
l-ifure. Mr.. WTek5am. Then you underGood
Mr.. Rodney to FAY that the recognizancc was
not reduced to writing until the departure of
co... Burr from his prefence? a. l 70 under.
food him. idr. Wiekbam. Then it was no re.
coEnZ1ncc ar all. MIR, Poindexfer That is 4,