The Enquirer

FRANKFORT. (Ken.) Nov. 8.

Motion in the Federal Court of the Kentucky District, against Aaron Burr, Esq. late vice-president of the United States, for crimes of High Misdemeanors

West. World.

On Wednesday, about noon on the 5th instant, J. H. Daveiss, Esq. Attorney of the United States for the above district, rose and addressing the Court, said that he had a motion to make of the utmost magnitude, and extraordinary nature, and which regarded the welfare of the Union at large: That the unhappy state of his health alone had prevented him from making it on the first day of the term.

That he should ground his motion on an affidavit, which he would present to the court.

He then made oath to the following affidavit.

UNITED STATES OF AMERICA,

Kentucky District. sct.

J. H. Daveiss, attorney for the said U. States, in and for said district, upon his corporal oath, doth depose and say, that the deponent is informed and doth verily believe, that a certain Aaron Burr, esq. late vice-president of the said U. States, for several months past, hath been and is now engaged in preparing, and setting on foot, and in providing and preparing the means for a military expedition and enterprise within this district, for the purpose of descending the Ohio and Mississippi therewith, and making war upon the subjects of the king of Spain, who are in a state of peace with the people of these U. States. To wit: on the provinces of Mexico, on the westwardly side of Louisiana, which appertain and belong to the king of Spain, an European prince, with whom these U. S. are at peace.

And said deponent further saith, that he is informed, and fully believes, that the above charge can be, and will be fully substantiated by evidence, provided this honorable court will grant compulsory processes to bring in witnesses to testify thereto.

And the deponent further saith that he is informed, and verily believes, that the agents and emissaries of the said Burr, have purchased up, and are continuing to purchase large stocks of provisions, as if for an army; which the said Burr seems to conceal in great mystery from the people at large, his purposes and projects; while the minds of the good people of this district, seem agitated with the current rumor that a military expedition against some neighbouring power, is preparing by said Burr.

Wherefore, said attorney, on behalf of the U. nited States, pray, that due process issue to compel the personal appearance of the said Aaron Burr, in this court; and all of such witnesses as may be necessary on behalf of the said United States; and that this honorable court, will duly recognize the said Aaron Burr, to answer such charges as may be preferred against him in the premises; and in the mean time, that he desist and refrain from all further preparation and proceeding in the same armament within the said U. States, or the territories or dependencies thereof. J. H. DAVIESS, A. U. S.

Having read this affidavit the attorney proceeded in the following words:

The present subject has much engaged my mind. The case made out is only as to the expedition against Mexico; but I have information on which I can rely, that all the western territories are the next object of the schemes; and finally, all the region of the Ohio is calculated as falling into the vortex of the new proposed revolution. What the practicability of this Scheme is, I will not say; but certainly any progress in it, might cost our country much blood and treasure to undo; and, at the least, great public agitation must be expected.

I am determined to use every effort in my power, as an officer and as a man to prevent and defeat it.

Having made the affidavit myself, I shall make no comment on its sufficiency.

In cases of felony the affidavit must be positive as to a felony actually committed: but in a misdemeanor of this nature, where the sole object of the law is prevention, such an oath cannot be required: the thing must rest on belief as to the main point of guilt.

I could easily prove positively the purchase of supplies of various kinds, but this is no offence. Mr. Burr may purchase supplies—he may import arms—he may engage men, which I am told is actually begun—yet all these things being proved make no offence; neither can proof of the declarations of his known confidants, of which abundance might be had, attach guilt to him—it is the design, the intent with which he makes these preparations, that constitute his misdemeanor.

There must be a great exertion of supposition to imagine a case in which positive proof of the illegal design can be had—it must rest in information and belief.

The court ought therefore to issue a warrant or capias for the accused, and examine witnesses; when the court will be able to decide whether Mr. Burr should be bound to good behaviour on the premises, or recognized to appear here and answer an indictment.

His honor judge Innes declined on account of the importance of the question, to give an opinion without taking time for consideration. This opinion he did not deliver until this morning about eleven, which opinion went to overrule the motion of the attorney for the U. S. on the grounds,

1st. That the court was not invested with power.

2d. If the court were, that the evidence was not sufficient.

The attorney then moved for a warrant, to summon a grand jury, before whom he was to prefer an indictment against col. Burr. This the court immediately granted; and a warrant was given to colonel Crocket, the marshall of the district for that purpose. The judge ordered his opinion to be entered on the record. A copy of it, therefore, shall be obtained and published in an extra half sheet in the beginning of the week, with the further proceedings of the court on this important question.

1 o'clock. After the names of the grand jury were called, colonel Burr entered, attended by H. Clay, esq. as his counsel, and after having seated himself a few minutes, rose and addressed the court in concise and impressive terms. He stated that he had been upon the eve of his departure from Lexington, when he was informed that his name had been mentioned with reproach in the court: that he made it his business to hasten to this place, and present himself before the court for investigation, with several other observations which we shall publish at length in our next. At present we can only say that the grand jury were ordered to attend on Wednesday morning at ten o'clock.