The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-11-13

i'theu. he offered TO hc tried by Court Mar
iias. hrcaH(e lie knew that the only .vitnefs A
gai''!t him was on, of the power Of the procef;
OF the Unted States: being in the dominions
o! the King of Spain.
| Mr.. NcP0s. The gentlemen have heretofore
been arguing that the United States were in fac
at war with Spain. II 70, it womd have been
a great crime in Wiiknion, an officer OF the u
States, to receive Il peniion from the king of
Spain.
| Mr. MeRdS alfo read part Of the 9th Sec. of
| Art. !, ct the Contribution Of the United States,
! Which, declare. that "no perfon, holding any
/" Office of profit -tr,ift under Them, fha!i,
without the content of Cengreis, accept of
"any preient, 'emolumeut, office, or title Of any
-" KIND whatever, from any king, prince or TO-
!"relsn fate" Would il not then, faid Mr..
! McRAc, he crime in Gen. Wilkin(on. holding
a conmihon under The government of the u.
States. to violate the contribution Nv receiving
a prefent from The king of Spain? Being adj
united 10 be crime, II cannot, under the rule
/ at law which mentioned. be offered in evil
dence. j., III tstl. any money was received by
him, 1t mIeht have beer in commercial inter
courie with lone Spanhh officer; and, it he had
been Informed in time Of the accufition sgainft
HIM, ne might have explained the circumstances
and ;hown ,hst ipch WAS he cafe.
! MIR. EeR~e alio remarked the inconfifteucy
! of the arrumcnts Of the council for Mr. Burr
their Uniting that his intentions were perfectly
innocent, (heng merely the iettlement of
Wa'hifa 'a"ds,) aud yet attempting to brand
! Gvn. WiSintou with guilt, for heiug partici-
ipator III ihote in,seiious. II they were both
isquaily guilty, this would not render Aaron
BUR- ieis criminal.
! Mr. jyitkLR'1. we never !aid that General
! Wikini0n aud Mr.. Bur were equally guilty.
1 What idid was that both were engaged in an
! honma able enterprize in thr event of war with
Spdin. What we charge Sen. Wihinion with,
! IS having united with MIR. Barr, and then de.
iertiug h'm--tu-n'ng traitor-and repreirnting
the cal quite differently from the truth
| e. he Cbiyf Jufice. II is abfo!u;ely nccelIarv
to hear The eillmoHy to Judge of the facl. The
oniy difficulty is that i, does net appear, under
the uPrelhons nov have, what effct, it can
have. if't was proved that gen. w. had beeu
! a peniIGnSI OF the court ct Spain, it could have
10 influence ON the cafe.
! mir. Hictbam We faT that gen. w. had an
iintc'eit with the king of Spain, and in order to
;preter'e The domnUns OF that monarch which
hr kI.'w were about to he attacked, he with
drew from Mr.. Burr, aud reprelented an cutter
,p,lZe which was peri ttig inaocent and eventu-
al, as one highly criminal.
Mr. Martin. Gen. WilknGoD, by betrayng
MIR. Burr, had double motive me one was
to acquire favor with his own government, the
other with The king of Spain.
The Chicf TmRiee. | DO not underftand it to
be your OBJECT 20 Prov continuing peniion. =
Mr.. Burr Our object is to prove the receipt
tof fourteen thnutand aud odd dollars at one
time, ard fome knowledge of the payment of
Other tums of money 10 gen. w.
Mr.. Barr IN Mr.. F0zver. Are YOU acquaint-
Cd with Alexis Bon Ami? A. Yes. o. Do
you know ms iiguatNe A. | think do. o
Is te juitice of the peace in New Orleans !?
a. Yes. Here Mr.. Burr produced cert fcate
from the ".uCe OF the Secretary of State, ihcw-
ing that NJ. Bon Anal WAS juaice of the peace
for Ne.S-Orleans. Efr. Barr. Are you ac-
quanted with the signatures OF Melirs. DerbiE-
~ and Mercirr a. With both very well.
ar. Bur- VIII YOU lock at tbofe papers,
Chewing him their dcpofiious, fgned by them
ireipeciiveiy, and a;tefted by Bon Ami, a iuitice
of the peace for New Orcans) Mr. PozOer
iad he believed the signatures to thofe depot
tons, were in the hand writing OF Inc perions
whole names were annexed to them. Mr. Burr.
DO you know whether NJ. Mcrcier was fib-
rGnacd to attend here 4. believe he was.
card him fay that * was tubpGnaed, but the
afiIcionsof his family were !uch, ariling from
the death Of his father-in-aw, that he could
not poI5iy attend. Mr.. Burr. Do yon know
why Nj. Dcrbigny IS not here Doy u know
whether ne was inbpGnaed A. heard him
tly he was. o. Why did ht not attend ? a.
his tamly. If he were to take fuch long and
exptnHve journey, and 10 the meantime neglect
his butin,ls. M. Burr. Is he man upon
Whole pefionai txrrtions his family depend for
a fIbiiaence? a. / believe 70.
Mir. Burr to Mr.. Potcer, Do YOU know of any
correspondence in cypher 10y een. w. with Bl-
ron Carondrle, /? Mr. Ha, objected to the
quettl0n ON the grounds before tated, and be-
CAME the auiweI. whether it be in the negative
ot affirmative, Couu have no influence on the
cdnig. Mr.. HieIham iaid, that gen. w. in the
courir NJ ns examination had bsen aike ed whe-
thtr he had been in the habit OF lponding
with The Baron Carondeltt in cypher, and had
auiwered e No." bur Immediately afterwards
iaid 90 he do not recolleGt." lie admitted that
the aniwei of gen. w. was halliy given but
RAJ, 1t we dTe able TO prove nat he had been in
the habit Of corresponding vita the Barren de
CarondcIet IN cypher, his laying that he did not
liecOlItct iucn a correspondence, will have a
dTttl tendency to- weaken his teitjmony. Ii 4
wiinsis hNs iwUru to particular fact, although
lnmHeriIi to the casi-, the opqolite party may
taihiy that pat for the purpoie OF impeaching
the credrbity OF the witneis.
mr.. Burr repeated The ait pueton to Mr..
Power. DO you know OF any correspondence
"a cypser by gen. WdknGon with fIle Baron de
CaruudcIet
Or. Poorer (1ddrelIing the judge / beg the
court whiGdnikr ne wuh the hoeIty OF making
, bret GatOnrm OF certain circumstances, that
NJ ri