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

gu 10 du'hsnticate certain papers, and to prove
that general Wilknfon was in the habit of re-.
Giving money from the Spanifh government.
Inc avowed objed of efabliihing this charge
asaine the general was to impeacli his credibiii.
ty by contradiding fome parts of his tefsimony,
ana 10 new that his motive for defeating the
project OF Burr was not patriotifm, but to pre-
vent an invafion of the territories of the King
in whole pay he was himfeif 20
The Grief Jnfiee decided that the evidence
was admiiiible, and that Mr. Pozuer fhould be
examined. He was therefore fworn, and suef.
toned as to what he knew concerning certain
correspondence between the Baron de Csronde-
let and Gen. WikkinEon. ~.
Mr.. Psloer addrcf1ed the court with rrfnea
out irmnefs, and DECLARED that, being fubjeef
o. the King OF Spain, he could not, without
violating his duty and honour, give an account
OF any political. .tranfaetions which the fervice
or the King his nafter required to be conceal.
cd" lie Hated that be had come hither from
New Orleans with great reluctance an agent
ct Col. Barr who ferved fiibpor IA upon him
hay'ng threatened him with imprisonment in
Gale ne refnfed (; but he hoped the court would
not compel him TO give the evidence which had
been demanded. "a.
The council for Col. Burr inGited that. whr-
Their he was Spanih fubjcet or not, he was
now within the power of the court, and ought
20 De compelled TO difcIofe whatever he knew.
ne Chief JaRiee decided in their favor, and
required the witnefs to proceed with his tcfti-
mony. -
Mr.. Po1vrr, however, refolutely refufed-
lime was therefore allowed until three O'Clock
10 conhder whether he would obey the Judge
or NOT. AZ that hour he came again into court {:
OUT lMr' HiTf being then engaged in fpeaking, J
no notice was taken of his appearance. -
Mr.. WIrt began his difcourfe between twelve
N hrtf had E,,:n -.
honr OF adjournment arrived. His Speech, 70
tar as he progrefled, fhone with his ufual fire of
el"qnence, and was peculiarly luminous in ar
gument.
The court adjourned till Monday ten o.
clock
MONDAY, October l9-Twelve O'Clock.
Nearly the whole of this day was occupied
oy Mr.. Writ, who concluded his able fpeech
about two o'clock-after which Mr. Power and
MIR. Swartwout were again called and examin-
ed. The evidence and arguments of council
having been concluded, the court adjourned till
this day (Tuefday) eleven O'Clock, when it is
uHderoood the final opinion of the Chief Juf
tice will be delivered.
IL o'eLocK.-The court has jun delivered
long and elaborate opinion, in which it deter.
mines, that it would be improper to commit
the accufed on the charge of treafon"
The coneluhon of the opinion is as follows !:
fhall Commit Aaron Burr and Herman Blen.
nerhafett for preparing and providing the means
tor military expedition againft the territor-s
OF foreign prince with whom the u. S. were
at peace. II thofe whole province and du.
ty 1t is to profecute offenders aeainft the
laws OF the United States fhall be of OPT
mon that crime of deeper dye has been com.
mitted, it is not their choife to at in conformity
with that opinion.-Ifrael Smith is not proved
to have provided or prepared any means what
| ever and therefore ihall not commit him. If
he has really offended againft the laws, he may
be profecuted for the treafon in Kentucky. or
| for the mfdemeanor in his own fate, where. if
any where, his offence has been committed"
Mr.. Hay moved to have A. B. and II. r.
| committed for trial in the Dinriet of Ohio.