Lynchburg Star

Write, I seize it, did not permit me to

of patriotism. As a military man,
had been made acquainted
in the United States, under
direction a soldier might with
charity confide his honor. In
country being involved in a
I have thought it my duty
honorable a call; as was pro-
Under instructions like
me to embark was the cn-
zeus as myself to tlol. P's.
several interviews, it
intention to convince
of documents of the
go to Mexico. At
illtimed apprehensions
and a suspicion,
objects. He u.
approach against
government
character, want
He seem-
endment by
triQurea I
congress on
me on the
dn delays
advances of
United States i
me modes
will not con-
had good grounds
ed towards the go-
indeed suffered much
ting my accounts for
support the credit of the
whilst I was consul at Ta-
c the expense of maintaining
with Tripoli. I had but a short
more been compelled ingloriously
the flag of my country from the
is of a defeated enemy, where it
own or 35 days. I had been com-
to abandon my comrades in war
fields here they had fought our
I had from Cath offered o the
inguished Chief of Tripoli (as he
myself acknowledged) as the price of
ation,--o (Mr. Wickham. By
? A. By our negotiator)--n-when
yet no exertion had been made by our
squadron to coerce that enemy.
seen the conduct of the author of
confines on our then proud nation-
aei. if not commended-not cen-
not my own inadequate efforts
are here gathered wore mt rem ptd
no more I hade. To feelings
arising out of circumstances like
strong expressions. Here I
deserve in justice to myself,
those expressions, how.
language I employed, they
the inference, that I
plunge my sabre in the blood
n; much less of that.
my heart would have been
infinitely been cast.
Martin objected to
lte. to Col. Ba.
s and as I had by this
speech, that the military
on foot was unlawful.
believe myself right.
e. that might under.
d motive of his arrange.
pow laid open his pro-
zing the Territory, wet
v: establishing an inde
there. New Orleans to be
a te himself to be the
weng a military force on the
Mississippi, and carrying
Mexico. After much con-
which I do not particularly re-
ting the feasibility of the
natural, stated impedes.
nse such as the repuh-
citizens of that country,
to the present admini.
agement, the want of funds,
tr -wn he would experience ram
e regular army of the United States,
stationed on the frontier ; and the refit-
re to be expected from Miranda, in case
should succeed in republicanizing the
Mexicans. Col. B. seemed to have no
obstacle in removing these obstacles.
It turned to me, that he had in person
I think the preceding explanation) made a
tour through that country ; that he had
secured to his interests and attached to his
person some distinguished citizens of
Terrice, Kentucky, and Territory of
La; that he had inexhaustible resour-
ces and funds that the army of the U.
S. would act with him; that it would be
aided by 10 or 12,000 men from the
mentioned States and territory;
had powerful agents in the Span-
tory, and " as for Miranda".
Mr. Burr facetiously, " we most
Miranda. " In the course of repeat
verifications on this subject, he pid-
to give me a distinguished command
at minus I understood the second
nd. I asked him, who would
nd in chief. He said, General
Hamilton. I observed that it was in
, he should count upon General
Hamilton. The distinguished command
through trust he held under government,
commander in chief of our armies
and governor of a Province, he would
be apt to put at hazard for any pre-
serious projects of aggrandizement.
Col. Burr played that Gen. Wilkinson
advanced in the confidence of his country
that it was doubtful whether he would
jeopardize his situation and
confidence he now enjoyed : and that he
was prepared to secure to himself a per-
petuity. I asked Col. B. if he knew
Gen. Wilkinson. He said, yes : and
echoed the question. I told him that 12
years ago, I was at the same time a cap-
tain in his wing of the legion of the U.
S. his acting brigade major and aid de-
camp ; and that I thought I knew him
well. He asked me, what I knew of
Gen. W. I said, I knew Gen. W. would
act as Lieut. to Do-man in existence.
" You are in an error," said Mr. B.
Gen. Wilkinson will act as Lieutenant to
me." From the tenor of much converla-
tion on this subject, I was prevailed on.
to believe that the plan of revolution was
matured by Col. B. and communicated
to me, had been concerted with Gen-
W. and would have his co-operation;
for Col Burr repeatedly, and very con-
fidently expressed his belief, that the in-
fluence of Gen. W. with his army, the
promise of double pay and rations, the
ambition of his officers, and the prospect
of plunder and military achievements,
would bring the army generally into the
measure.-- I pass over here, a convera-
tion which took place between Col. B.
and myself, respecting a central revolu-
tion, as it decided to be irrelevant by the
opinion of the bench. (Mr. Hay. You
allude to a revolution for overthrowing
the government at Washington, and for
revolutionizing the eastern states.) I was
passing over that to come down to the pe-
riod when I supposed he had relinquished
that design, and returned to his project
in the west. I was thoroughly convinced
myself, that such a project was so far or-
ganized, as to be dangerous, and that it
would require an effort to suppress it.
For in addition to positive assurances that
Col. B. had of assistance and co-operation,
he said that the vast extent of territory of
the United States beyond the mountains
which afford to adventurers together with
a view of the mines of Mexico, would
bring adherents to him from all quarters
of the union. The situation which these
communications and the impressions
they made upon me, placed me in, was
particularly delicate. I had no overt act
to produce against Col. B. He had giv-
en me nothing upon paper; nor did I
know of any person in the vicinity, who
had received similar communications, &
whose testimony might support mine.
He had mentioned to me none, as princi-
pally and decidedly engaged with him,
but General Wilkinson, a Mr. Allston,
who I afterwards learnt was his son in
law; and a Mr. Ephraim Kirby, who I
learnt was lately a captain of Rangers in
Wayne's army. Of Gen. W. Burr said
much as I have stated: of Mr. Alston
very little, but enough to satisfy me that
he was engaged in the plot, and of
Kirby he said, that he was brigade ma-
jor in the vicinity of Cincinnati (whether
in Ohio or in Kentucky I know not,)
who had much influence with the militia
and had already engaged the majority of
the brigade to which he belonged, who
were ready to march at Mr. Burr's signal.
Mr. B. talked of this revolution as a
matter of right, inherent in the people,
and constitutional; a revolution which
would rather be advantageous than de-
trimental to the Atlantic states: a revo-
lution, which must eventually take place;
and for the operation of which the pre-
sent crisis was peculiarly favorable: that
there was no energy to be dreaded in the
general government, and his converia-
tions denoted a confidence that his ar-
rangements were so well made that he
should meet with no opposition at New
Orleans; for the army and the chief citi-
zens of that place were ready to receive
him. On the solitary ground upon which
I stood, I was at a loss how to conduct
myself, though at no loss as respected
my duty. I durst not place my lonely
testimony in the balance against the
weight of Col. B's. character, for by
turning the tables upon me, which I
thought any man capable of such a pro-
ject was capable of doing, I should sink
under that weight. I resolved therefore
with myself to obtain the removal of Mr.
Burr from this country, in a way which
would be satisfactory and honorable to
him, and on this I did consult him with-
out his knowing my motive. Accord-
ingly I waited on the President of the U.
nited States, and after a desultory cou-
versation, in which I assumed to draw his
attention to the west, I said to him )
took the liberty of suggesting to the Pre-
sident that I thought Col. Burr ought to
be removed from the country because I
considered him dangerous in it. . The
President asked whither he should send him.
I said to England or Madrid, though it
has been said in some publications that I
added Cadiz. The President without a
any positive expression (in such a matter of
delicacy) seemed to think the trust too
important and expressed something like
a doubt as to the integrity of Mr. B.
I frankly told the President that perhaps
no person had stronger grounds to sus-
pect that integrity than I had a but that
I believed his pride of ambition had so
predominated over his other passions, that
when placed on an eminence and put on
his honor, a respect to himself would se-
cure his fidelity. I perceived that the
subject was disagreeable to the President-,
and to bring him to my point in the short-
et mode and in a manner which would
point to the danger : I said to him, if Col.
B was not disposed of, we should in 18
months have an insurrection. if not a re-
volution on the waters of the Mississippi
The President said he had too much con-
confidence in the information; the integrity,
and attachment of the people of that coun-
try to the union, to admit any apprehensions of that kind. The circumstances of
no interrogatories being made to me,
thought imposed silence on me at that
time and place. Here I ask in-
grave indulgence to declare my motives for recommending that gentleman to a foreign em-
bassy at that time, and in the solemnity
with which I stand here, I declare that
Col. B. was neutral in my feelings ; that
it was through no attachment to him that
I made that suggestion," but to avert a
great national calamity which I saw ap-
proaching, to arrest a tempest which seemed lowering in the west, and to divert
into a channel of usefulness those consum-
mate talents, which were to mount "as the
whirlwind and direct the storm." About
the time of my having waited on the Pre-
sident or a little before. I determined at
all events to have some evidence of the
uprightness of my intentions, and to for-
tify myself by the advice of more expe-
rienced men. I waited upon two mem-
bers of the House of Representatives
whose friendship I had the honor long to
retain. and in whose wisdom and inte.
grit y I had full faith--I am at liberty to
give their names if required--and I be-
lieve a senator, but of that I am not cer-
tain. I opened to them the projects of
Col. B. They did not seem much a-
larmed, Mr. Martin objected to the
witness stating any of the observations of
other persons to himself. After some de-
liberate conversation, the bench support-
ed the objection. Mr. Eaton. I did
ask indulgence of the court to make such
explanations, because perversions of my
conduct were before the public: but I
wave this indulgence; contented with
meeting these perversions at some other
time and place. Chief Justice. You
have used that indulgence.)
Little more passed between Col B. and
myself, relevant to this enquiry, whilst I
remained at Washington, though he was
solicitous to engage me in his western
plans. I returned to Massachusetts to
my domestic concerns ; and thought little
of Col. B. or his projects, until
in October last a letter was put into my
hands, from M Belknap, to F. E. Da.
nielson, stating that boats were building
on the Ohio. Mr. Burr. Have you
that letter? Mr. E. No. Mr. B. It
is improper then to state it. Mr. Hay.
It is immaterial. Mr. Belknap is here.
Mr. E. As to letters, I have had no
correspondence with Col. B. I was a-
bout to state that I made a communica-
tion, to the President of the United States
through the hands of the Post master gen-
tral, stating the views of Col. B.
Question by the Prosecution
Mr. Martin. Was there any convera-
tion between you and the prisoner, in
which you spoke of the odium attached
to the name of usurper? A. That con-
versation was excluded by the opinion of
the court, as relating to the central pro-
ject.--Mr. Hay. Did you mean to state
that the honorable indemnity proposed to
you by the prisoner was to be included in
this plan? A. I understood it to be in-
cluded in the permanent rank and emolu-
ment to be assigned me as in his full
confidence, that he hoped to erect a govern-
ment, of which he was to be the chief:
which was so often and so strongly re-
peated that I could not misunderstand
him:
Cross Questioned.
Mr. Martin. Do you recollect when
you arrived in Washington ? A: I said,
that I did not recollect particularly. But
the principal part of these conversations
must have o c n between the mid dle ofFe d
bruary and the middle of March. Q Was
there any particular conduct calculated
to put an end to Col. Burr's importuni-
ties? A. Yes. At one of our last in-
terviews, I laid on his table, a paper
containing this toast which I had given
to the public: " The U. StatesnPaly
to the brain that should plot to dismem-
ber, and leprosy to the hand that will
not draw to defend our nation." Where
was that toast drank ? A. I can t say.
This question was made to me from au-
thority. It was sent with other toasts
I had corrected; to a paper at Springfield.
I laid this paper on Col. Burr's table,
that he might see it ; and I have reasons
to believe that he did. Q. Was it drank
at any distant place? At Philadelphia?
A. I do not recollect. I thought at
first it was Philadelphia; but I had re-
ceived many hospitalities throughout the
union, many of my toasts were publi.ai-
ed ; and in the hurry of parting and se-
parting, I have completely forgotten.
Mr. Burr, Do you recollect when you
left Washington ? A. About the 1st of
April. Mr. Burr. Then this paper was
put on my table previous to that day.
Eaton. I will state the circumstances
which induced me to believe that you had
seen it. We were at Alexandria toge-
ther ; and you made no longer such com-
munications to me as heretofore. I
meant you to see it, because I had given
it to the world and with it my sentiments.
Q Then you are not certain when and
where this toast was drank? A. I am not,
but I am certain it was not at W, be-
cause I gave another there when ta ed
upon. Q. Did you not say, that
these conversations happened between the
middle of February and the middle of
March. A. No : I did not say so I
said the principal part of these converie-
tions. Q. You say that this toast was
printed at Spring field? A I did. Q.
Did you transmit it for publication? A.
Yes I did. Q Tho you recollect
what place? A Not distinctly. Q
Have you in your possession a paper con-
taining that toast? A I have at -.
Q You mention something about a
communication which was made to the
President through the P. M. General.
Look at that paper. Is that your hand-
writing? A. it is, and I can give an
account of that paper. A. E. then
mentioned that the notes on the two paid
papers were drawn by Mr. Granger, from
conversations which had passed between
Mr. G. and a Mr. Ely, on certain com-
munications made to Mr. Ely by Mr.
Eaton, respecting Col. B's plans; that
he had seen Mr. Ely at Northampton, too at
two sessions of the court of common pleas
at a time when they had first heard of the
building of boats on the Ohio. The
notes on the last page, in Mr. Granger's
writing, and subscribed by himself, were
from subsequent conversations between
him and Mr. G.
Mr. Burr. You spoke of accounts
with the government. Did you or the
government demand money? A. They
had no demand on me. I demanded of
them. Q. Did they state in account a
balance against you. A. I expended
money for the service of the U. S. when
employed in my agency at Tunis; an.
account of which being presented to the
accounting officers of the treasury, was
refused to be allowed by them, there be-
ing no law as they conceived to justify it.
I applied to Congress, a committee of
which reported that they supposed the ac-
count to be within the discretion of the
accounting officers of the Treasury. I
In this situation the business stood when
I was ordered to the coast of Barbary, and
when I returned, found that new diffi-
cul ties had occurred to an adjustment.
Leaving out the sums which I had ad va.
nced, the government had a balance a-
gainst me. The last session of Congress
has provided for the payment-and the
commissioners have settled it.
Mr. Martin. What balance did you
receive --A. That is my concern, I re-
Mr. Burr: What was the balance a-
gainst you? Mr. E. (To the court)
is that a proper question, sir ? Mr. Burr
My object is manifest. I wish to show
the bias which has existed on the mind of
the witness. Chief Justice I see no objec-
tions to the question. Mr. E. I can
not say to a cent or a dollar : but I have
received about 20,000 dollars. Mr.
Burr. When was money received? A.
About March 1st. Q You mentioned
Miranda. Where did you understand he
was gone to? A. On the benevolent pro-
ject of revolutionizing the Spanish Pro-
vinces. Q What part of them ? A.
Caracas. I had some reason too to know
something of that project; because I too
was invited to join in that. He too was
to have been an Emperor of Mexico, he
might have been troublesome to us ; and
of course when I asked you what was to
be done with him, you observed, " hang
him." Q. Did you understand I was to
do all at once; to execute the central pro-
ject too as well as that in the west ?
I have no objections to answering that:
but it will be nothing in your favor.
When you were speaking of a central re-
volution, not much was said about the
revolution in the west,--Had the other
been effected, I doubt much whether you
would have been willing to have separated that part. Q I you spoke of a com-
mand.-d A. You stated, what I have al-
ready mentioned, that you were assured;
from the arrangements which you had
made, that an army would be ready to
appear, when you went to the waters of
the western country. I recollect parti cu-
larly the name of Ephraim Kirby. You
asked me about his spirit : You asserted
that his brigade was ready to join you
and that the people also in that country
were ready to co-operate. You spoke of
your riflemen, your infantry, your cavalry. It was with the same view, you
mentioned to me that that man (pointing
to Gen. Wilkinson just behind him) was
to have been the first to aid you; and
from the same views you have perhaps
mentioned me.--Mr. Martin objected to
the witness interposing his own opinions
in this manner: Mr. Hay. Some allow-
ances to be made for the feelings of a
man of honor. Mr. Eaton bowing, a.
pologized to the court for the warmth of
his manner. Mr. Burr. You spoke of
my revolutionizing the western states--
what were to be the boundaries of the
new Empire? A. Your line was to be
the Alleghany mountain. You were cer-
tain about Kentucky and Tennessee: but
expressed some doubts about Ohio: I
well recollect that on account of the rea-
son which you gave; that they were too
much of a plodding, industrious people to
engage in your plans. Q How was this
business to be effected? A. I understood
that your agents were in the western country: that the commander in chief was ready to co-operate with his army: and that these with the adventurers that would join you, would compel the states to a separation. Indeed you seemed to consider New-Orleans as already yours, and that from this point you would make conquests and consolidate your empire. Q. Was it after all this, that you recommended me to an embassy? A. Yes: and because I thought it the only way to avert a civil war. Q. Did you communicate your recommendation to me? A. Yes, and you gave a modest assent to the proposal. Q. What then would have become of your command? A. That I had disposed of myself. Q. Did you understand that you had given me a definitive answer? A. No: after you had developed yourself, I determined to use you until I got every thing out of you; and on the principle that "when innocence is in danger, to break faith with a bad man is not fraud. Sr virtue." 2. Did you think that your proposition as to a foreign embassy which was so incompatible with my own plans, would be received by me with indifference; had I abandoned the project? A. You seemed to me to want some distinguished place: as to the mode, you were indifferent: and you seemed to acquiesce in the plan of a foreign embassy. Mr. Hay. You said that you received about 10,000 dollars from the government. Did the act of Congress give you a definitive sum or refer your account to the department of state? A. The act of Congress gave the accounting officers the power of settling with me, according to equity, under the inspection of the secretary of state: under whose department I had served, and the settlement was accordingly made.

LATEST PROCEEDINGS.
SATURDAY, August 22, 1807.

Herman Blennerhassett was this day brought into court for the purpose of an arraignment. The indictment having been read, Mr. Botts (his counsel) observed that, since the meeting of the court, he had discovered a misnomer in the indictment; that the accused was not inclined to take advantage of it; but, as the other gentlemen who assisted him in the defence were absent, he could not advise him at present to plead the general issue. He mentioned that a delay in pleading to the indictment could produce no inconvenience, but rather a benefit, by saving, perhaps, the necessity of summoning a large proportion of a long list of witnesses with which he had been furnished; since, after the decision of the court upon any of the four questions now under discussion in the case of Aaron Burr, some of the facts intended to be established by those witnesses might be unnecessary for the defence of Mr. Blennerhassett. The Chief Justice said that only one of these questions could affect Mr. Blennerhassett; viz. whether the assemblage of men at the Island constituted an overt act of treason against the U. States; it having been proved that he was a present. Mr. Hay consented to defer the arraignment until those questions should be decided. We understand the alleged misnomer in the indictment consists in this; that the name is written Blannerhassett; whereas it is said the true spelling is Blennerhassett! The case of Mr. Blennerhassett, or Blennerhassett, having been disposed of, Mr. Martin observed that, since the counsel for the United States were to continue the argument in Burr's case on Monday, he thought they ought to be apprised of all the authorities relied on by the counsel for the prisoner. He therefore cited Cowp. 102. 12 Co. Repts. 5. -4 St. Tr. 661. Rockwood's case, and 4 St. Tr. 717, to shew that it is the duty of the court and of the jury to decide what is the overt act of treason, and to say whether it has been proven by two witnesses, or not. He cited also Vaughan's Rep'ts 382, on the subject of extrajudicial opinions, for the purpose of shewing that opinions of courts on points not necessarily involved in cases under their consideration are not authority. The object of this quotation was to invalidate the authority of some parts of the opinion of the supreme court in the case of Bollman and Swartwout. Mr. McRae proposed as a number of new authorities had been adduced on the part of Col. Burr, and would require additional time to be considered, that the court should adjourn until 12 o'clock on Monday, instead of the usual hour. Messrs. Martin and Botts opposed the motion; but after a short discussion, the court approved it, and adjourned 'til Monday twelve o'clock:

Monday, August 24.

The court met at twelve o'clock. Samuel A. Luckett appeared and was recognized as a witness on behalf of the U. States. Mr. Randolph said that, before the gentlemen began their argument, he would make one remark which had been omitted on Friday last; that the 5th amendment of the constitution of the U. S. declared that every person accused should be informed of the nature of the accusation against him: & that he conceived this could be done only by drawing the indictment in such a manner as to give him full notice of the charge. Mr. McRae then commenced the argument on the part of the U. States; and spoke 'till half after four; at which hour the court adjourned until Tuesday nine o'clock. The discourse of Mr. McRae was forcible and instructive. He pourtrayed in strong colours the conduct of Col. Burr in concluding his defence; his boldly assuming the character of an accuser, and charging a distinguished officer of the U. States (General Wilkinson) who had detected his treason, and attended here in obedience to a subpoena, with an offence, which was alleged but not proved; his attacking and denouncing the public functionaries, whose wise and energetic measures had suppressed his conspiracy without shedding a drop of human blood: and vainly accusing them as tyrants and oppressors of their country. Mr. McRae observed that the public indignation against the prisoner, being nearly universal, it was a bold undertaking to divert the public odium from the author of the treason to those who suppressed it; and that Cataline's conduct had been exactly similar; but Cataline's efforts had been fruitless; while those who detected his villainy retained their station in the esteem of their fellow-citizens. Mr. McRae mentioned a little more of the prisoner's conduct. Before Gen. Wilkinson's arrival the most virulent abuse had been uttered against him; it was said he would never appear; that he dared not confront the prisoner. After these expectations were disappointed, and both before and after the bill of indictment was filed, protestations were continually made by the prisoner and his counsel that he was altogether innocent and knew nothing of the treason; that he wished the evidence to be brought forward to demonstrate his innocence. Yet now the United States are prepared to proceed with their evidence, an attempt is made to suppress it! No danger is to be apprehended from the examination of the witnesses, why attempt to prevent them now being heard? Will conduct of this kind put the prisoner on that high ground, upon which he ought to stand if innocent? Let questions of this sort be answered by common sense. Mr. McRae proceeded to answer the arguments and authorities, adduced by Messrs. Wickham and Randolph, who had taken nearly the same ground. (Sketch of Mr. McRae's speech to be continued.)

TUESDAY, August 25.

The court met at nine o'clock. Mr. Wirt continued the debate on the part of the United States, with one of the most eloquent and argumentative speeches that ever was delivered within the walls of the Capitol; which was concluded about half after 2 o'clock. He was followed by Mr. Botts on behalf of the prisoner.