 |
|
|
 |
|
 |
|
|||
|
||||
|
||||
|
Federal Gazette & Baltimore Daily Advertiser 1807/07-1807/12 msa_sc3722_2_6_2-0159 Enlarge and print image (5M) |
|
|
|
|
|
|
|
|||
|
||||
|
||||
|
Federal Gazette & Baltimore Daily Advertiser 1807/07-1807/12 msa_sc3722_2_6_2-0159 Enlarge and print image (5M) |
| TRIAL OF AARON BURR, (Continued by adjournment and bete at the ca- * ' piiblin the hull of the'boitie of Delegates. )' for high treason against the. United States-. Friday, August 7. The deputy-marshal then summoned, 1. llrzekiah Bucky.—Mr. Botts. We chal- . -leoge jo^fot cause, Have.you nw formed? and expressed an opinion about the guilt of col. Burr? Mr. Bufeky. Ihavenot. sir, since Ihave been subpoenaed, tl Had yo'u before? A. I had formed one before in my own' mind. Mr. Hay wished that the question of the opposite counsel would assume a more pre- cise and de'inite form. If this question were proposed to this pannel and to every other man. lie would venture to predict, that there could not. be a jury selected in the state of Virginia ; because he did not believe there was a single nun in the state, qualified to become a juryman, who had not in some form or other, made up and declared ah opi- nion on the conduct of the prisoner. The transactions in the west had excited univer- sal curiosity ; and there was no man who had not seen and decided on the documents relative to them. Do gentlemen contend, that in a ca*e so peculiarly interesting to all, the mere declaration of an opinion is sullici ent to disqualify a juryman ? 4 doctrine of this sort would at once acquit the prisoner ; for where is the jury that could try him : Such a doctrine'amounts to this'; that a man need only rio enc-ugh to draw down the public attention up m him, and he would im- ' mediately effect his discharge Mr. H. con- cluded with a hope, that the question would assume a more definitive form ; lie should iBOt pTetend to decide the form on which it should be proposed ; but" it was a privilege to whlce every court is entitled, and one which the court had exercised, that had presided in the case of James T. Callender.. . Mr. Botts considered it as a misfortune ever to be deplored, that in luis country and in this case, there I; id been too general an ex- pression of the public sentiment, and that this generality of opinion would disqualify many ; but be had never entertained a doubt, until the prosecution had avowed it, that twelve men might be found in Virginia ca- pable of deciding this question with the Strictest impartiality. He still trusted that the attorney for the U. S. was mistaken ; that the catastrophe was not completely fixed : and that every man in trJe state had not pledged himself to convict colonel B. whether right or wrong. He was not pre- sent at (lie trial of J. T. Callender ; but all America had heard the question which was propounded to the jurymen ; and that was, •whether he had made up and expressed an opinion respecting the guilt of the prisoner. Mr, Hay would put Mr. Bolts right in a matter of act. The court would recollect th.it oh 'he trial of Callender, the question not whether the Jurymen had found and ex- pressed an opinion on that case generally'; but on tiie subject matter that was to be tried, and couched ill the indictment. The question in the present case should be, have you formed and expressed an opinion on the point at issue ; that is, whether A. B. is guilty of treason ? On the trial of Callender, the court would paiticularly recollect, that Mr. Joliii Ilissoit having objected to himself, because he hadjread the libellious publication, •was actually overruled, because it was not on the book itself, but.on the subject matter of the indictment, that he was called upon to say, whether he had ever expressed an opi- nion. Mr. Bun declared there was a material distinction between that and the present. case. Mr. Bassett's acknowledging that he had seen the book did not disqualify him from serving on the jury ; in the same man Her the person who had seen a murder world not be an incompetent juror in the prosecution for that crime. But if a man has pretended to decide upon the guilt of a* prisoner upon mere rumor, he would mani- fest fbch a levity and bias of mind, as would effectually disqualify him. Mr. Bucky, however, has not yet come out completely ¦with his declarations. Let him be further interrogated. Mr. Hay observed, that the question would even be too general and vague, if it were ever to be—" have you expressed any opini- on, on the treason of A..15.'' for the case stated in the indictment was infinitely more specific. It was treason in levying war against the United States at Blannerhasset's Island. Utile* this particular allegation be proved, it defeats all the other ..parts of tiie .accusation ; and it was probably on this point that the juror had never made up any opinion. Mr. Martin contended that it was the province of every juryman to come to any case with the most perfect impartiality ; and more particularly in one, where life and re- putation were at stake : that it was a libel upon Virginia, a blot upon the whole state, to assert that twelve men could not be found to decide such a case, with no other know- ledge than what they had picked up from newspapers ; that.there was a material dis- tinction between this and Calender's case ; the libel was a book in every man's hand ; but does any juryman in the present case pretend to know the testimony on which this charge depends ? The gentleman pro posed to ask the juryman, whether he has jnade up an opinion on col. B's treason : but it is extremely probable, that most of them know not what treason is ; and though they may decide upon the guilt of colonel JJ'. that they may be ignorant, whether it •conies under the name and description of treason. tfMr. Bosh quoted authorities in support of his opi»ion: 3 Bacon 358 ; a case from Hawkin's ; the cases of Smith and Ogden ; p.nd judge Iredell's opinion in the case of Fries. The Chief justice observed, inat it might save some altercation, if the court was to deliver its opinions at the present time ; .that it was certainly one of the clearest prin- ciples of natural justice that a juryman should come to a trial for life with a perfect freedom from previous impressions ; that it yiai clearly the duty of the court to obtain •such men, if it were possible to produce them free from such bias ; but that if it were not possible from the very ch'cumstan- ks of die case ; if runiCmre had reached and pre-possesscd their judgments) still the court, was bound to obtain as large a portion of imp*Iialify as possible : that this was not more a principle of natural justice, than a maxim of the common law, which we have inherited from our forefathers ; that the same right was secured by the constitution of the United States, which entitles every man under a criminal prosecution t6 a fair trial by " an impartial jury." Can it be said however, that any man is an impartial jury- man, who has declared the prisoner to bo guilty and to have- deserved punishment ? If it be said, that he has made up this opi- nion, but has not heard the testimony ; such an excuse only makes the case worse ; fof if the man has decided upon insufficient testimony ; it manifests a bias that com- pletely disqualifies himself from the functi- ons of a juryman. It is too general a ques- tion to ask whether he has any impression about col. Burr. The impressions may be so light, that they do not amount to an opi- nion of guilt ; nor do they go to the extent of believing, that the prisoner deserves ca- pital punishment. Willi respect to Mr. Basset's opinion, it was true he had read " the prospect before us ;" and he had de- clared that it was a libel ; but Mr. B. had formed no opinion about J. T. Calender's being the author. It was the same princi- ple in the present case. If a juryman was to declare that the attempt to atchieve the dismemberment of the union was treason, it would be no complete disqualification ; but it would be the application of that crime to a particular! individual—it would be fixing it on A. B. that would disable him from serving in his case. Let the counsel then proceed with the inquiry. Mr. Botts. Have you said that Col. B. was guilty of treason ? Mr. Bucky, No. I only declared that the man who acted as Col. B. was said to have done, deserved to be hung.—Q^ Did you believe, that Col. B. was that man ? A. I did, from what I had heard. Mr. Hay. I understand then, that the question proposed in Calender's case is to be overruled ? Chief Justice. My brother judge does not recollect whether it particu- larly went to the indictment. Judge Grif- fin. I think the question was, " relative to the matter in issue." Mr. Hay. The very position that I have laid down. C. justice. The smimplc question is whether the having formed an opinion not upon the evidence in court, but upon common rumour, a man is competent to decide upon the real testimo- ny of the case. But in my opinion this ve- ry circumstance only disqualifies him the more. Mr. Wirt (addressing Mr. Buckey.) Did I understand you to say-that you con- cluded upon certain rum irs you may have heard, that Col. B. deserved (a be hung ? A. I did. O^ Did you believe these ru- mours ? A. I did. tL Would you, if you were a juryman,, form your opinion upon such rumors ? A. Certainly not.—Mr. M'-Rae. Did you form and express your opinion up >n the question, whether an overt act of treason had been commiied at Bl.-ui- nerhassett's island > A. It was upon other rumours ; and not upon that, that I had formed an opinion.—M. Martin submitted it to the court, whether he .could be consi- dered as an impartial juryman. The court decided that Mr. Burly be put aside. 2. jfamis G. Ldidly stated, that he had formed and expressed some opinions unfa- vorable tocol. Burr, that he couldnot pretend to decide upon the charges in toe indict- ment which he had not heard ; that he had principally taken his opinions from news- paper statements ; and that he had not, as for as he recollected, expressed an opinion that coi. Burr deserved hanging.—Mr.Laid- ly put aside. 3. James Hamilton being challenged for cause, and sworn, stated that he had formed and expressed an opinion from hearsay, that col. Burr was guilty of treason, and in that particular line of treason, in which col. Burr stood charged as far as he understood. Put aside. Mr. Burr observed, that as gentlemen on the part of the prosecution had expressed a willingness to have an impartial jnry, they could not refuse that any juryman should state all his objections to himself; and that he had no doubt, in spite of the contrary assertions which had been made, they could .get a jury from this pannel. 4. Hamilton Morrison upon being called, said, that he had frequently thought and declared that col. B. was guilty, if the state- ments which he had heard were true ; that he did not know whether they were so ; but only thought from the great clamour which had ben made, that it might be pos- sible they were true; but he had not passed any positive opinion ; nor was he certain that he had always qualified it by saying "if these were true ; that he does not recollect to have said that col. B. ought to be pun- ished, without stating at the same time " if he was guilty."—Mr: Morrison was put a- side for further examination. 5. Yates Y. Contvell had formed and ex- pressed an opinion, from the reports he had heard that col.. B. must be guilty of high treason. Set aside. 6. Jacob Beeson declared, that he for some time passed had formed an opinion, as well from news poper publications as from the boats which had been built upon the Ohio, that.col Burr, was guilty ; and that he too, had borne arms to suppress his insur- rection. • Set aside. 7. H'illuvn Prince declared he had nearly the same impressions as Mr. Beeson ; that he too had borne arms, as well on Blanner- hasset's island-as on descending the river iu search of Blannerhassettt. Set aside. 8.. Nimrud Saunders declared that he had. expressed an opinion, previous to his be- ; ing summoned on the jury.that the prisoner I had been guilty of treason.. Set aside. \ 9. Thomas Creel ..had no declaration to make, an:! was challenged for cause. Up-' on being interrogated, he stated that he had never asserted that the prisoner ought to. be punished, that he had said that he was a Suusible man, and if there was any hole left,, he would.creep out of it, that he had conceived that col. Burr had seduced Blannerhasset into some acts that were not right : that he had never positively said that col. Burr was guilty ; that he he had "said that Blannerhasset was the most blam- able, because he was well in life, whereas col. Burrr was a desperate man, who had little to loose ; that he. had never said that col. Burr had directly lead Blannerhasset di- rectly into guilt, but only through the me- dium of Mr. Blannerhasset ; and that there was no determinate impression of the guil of the prisoner. The Chief Justice did not think that this was sufficient to set him aside, and suspen- ded his case for further examination. 10. Anthony Buchier had frequently said that the prisoner deserved to be hung. Set aside. 11. David Creel had formed an opinion from the statement in the newspapers, and if these were true, the prisoner was certainly guilty: He had expressed a belief that he was guilty of the charges now brought against him, and that he ought to be hung. Set aside. Jurors from the body of the. district. 1. John Horace Vfishaw declared, that he did not conceive himself to stand there as an unprejudiced juryman ; that lie had formed opinions hostile to the prisoner, if opinions they can be called, which are formed from mere newspaper testimony. Mr. Burr. We challenge Mr. Upshaw for cause. Mr. flay. Then, sir, I most s riously ap- prehend that we shall have no jury at all. I solemnly believe that Mr. U. is an impar- tial juryman ; and I will venture to assert (whatever credit my friends on the other side will allow to my assertion) that I my self could do justice to the accused ; I be- lieve that any man can that is blessed with a sound judgment and integrity. We might as well enter at once a Note Prosequi. Mr. Wickkam. Then according to the gent'eman's doctrine, any honest man, no rna'ter what his imprcssi-vis -r/, be, is a competent juryman. Is this ..gieeable to the principles of law > Does the gentleman mean to insinuate, that when we object to a juryman, it is from his want of honesty. No, sir ; every man is subject to partialities and aversions, which may unconsciously sway his judgment. Mr. Upshaw does no doubt deem himself au impartial jurj uan ; but Mr. V. may be deceived. vfter some dwmllory argument between Messrs. Hay and Wickham, Mr. Wirt pro- ceed to ask Mr. Upshaw whether he had understood him to say that notwithstanding the hostile impressions he had taken up from newspaper reports, these impressions had not received that .determinate character which might entitle them to the name of opinions ? A Such is my state of mind. I have received im/iressions hostile to colonel Burr, and have expressed them with some warmth. Mr. Up haw stated, that his im- pressions had been drawn from the docu- ments furnished by Gens. Eaton and Wil- kinson ; that he had conceived that the prisoner had been guilty of some criminal act against the public ; and that he had gone on further to vindicate the conduct of those gentlemen who would appear as the princi- pal witnesses against him, and also of the government in the measures which it had taken to suppress his plans. Mr. Upshaw's case was suspended for subsequent exami- nation. 2. William Pope declared, that his im- pressions were nearly the same with those of the gentleman, who had preceded him ; that he had thought at first from newspaper representations that it was colonel B's in- tention to make his fortune in the West by the settlement of lands ; that when he had afterwards understood that he had formed an union with Wilkinson to proceed to Mexico, he bad regarded the prisoner's con duct with a venal eye ; but when he had afterwards understood that there was trea son mixed with his projects, it was impos- sible for him to view his conduct without the deepest indignation : If these impres- sions could be called prejudices, he trusted that he should always retain them ; because what other sentiments could he feel against such a crime perpetrated against the very best government on the surface of the earth. But Irom his heart he believed, he could di- vest himself of these unfavorable impres- sions, and give col. B. a fair and honorable trial. He would add that in pursuance of the spirit manifested by them, the consti- tution, which required two witnesses to an overt act of treason ; he should think it ne- cessary to require that the evidence for the United States, should be so strong as to make the scales preponderate. Mr. Wick- ham. You will not misunderstand me, Mr. Pope, when I ask you whether you have not been a candidate for your county, and are now a delegate ? A. Yes. ft. In can- vassing among the people, have you not de- clared that the government had acted pro- perly in commencing this prosecution ? A. Yes. I believe I have said generally, that I thought col. B. guilty of high treason.— Set aside. BY THIS DAY's MAILS. BOSTON, August 14. Arrived, the regular trading and " Import- ing Company's" ship Packet, Scott, from Liverpool, 38 days, with a full cargo of dry goods. Left Henry, of Portland, lor Balti- more, 30th July. "The Othello, Glover,-of Boston, for Baltimore, sailed June 29. BRITISH IMPERIAL PARLIAMENT. HOUSE OF LORDS. AMERICAN TRADE. June 29. Lord Hawkesbtirry, presented, by his ma- jesty's command, the order in council, con- tinuing the provisions of the American in. tercourse act, which expired during the re- cess ; and gave notice, that it was the inten- tion of his majesty's government to propose to- parliament a bill for com inning.-the ab»ve act for a time to be then specified, and to propose in such bill a clause of indemnity for the advice given to his majesty to con- tinue the provisions of the former act, after it had 'egally expired. Lord Auckland stated, that the reason he did not, when in offise, recommend the continuance of the act which had now ex- pired, was the pending negociation with America. He trusted, that when the treaty which was the result of that negociation came to be discussed, it would be discussed as a treaty ratified, and he felt satisfied it would be found that ever possible attention had been paid to the in -rests-of this coun- try. He thought it but fair no* to state, that when the question of the renewal of the American intercourse act came to be discussed, he should probable be of opinion, that same reason which bef re operated did not exist for the continuance of the act.— One part of it, la particular, he objecled to, and did object to during the negociation ; he alluded to that part of it which allowed to the Americans a carrying trade between our possessions in the East-Indies andEuropc. HOUSE OF COMMONS, June 29, America.—Lord Temple said, that see- ing the Chancellor of the Exchequer in his- place, he would beg leave to ask him a question. In the c mrse of the last Sessi- on it had fallen to his lot to bring in a bill, which had been passed contrary to the opi- nions of those who composed the pre out administration, he meant the American in- tercourse bill ; and he wished to know if the present ministers meant to move for its reptal ? Mr. Rose said, that he for one had stre- nously opposed the bill alluded to during its progress through the house, because he dis- approved the measure ; but as it had receiv- ed the approbation of the house, and p issed into a law, he did not think it would be decent to move its repeal till its operation was somewhat better known. Tune 30. Streign and British shipping.—Mr. Eden ro 'pursuance of his notice, to make a in relative to this subject. This he prefaced by a speech of considerable length, stating the object he had in view to be to sha" the prosperity and increase of our navi- gation, while the country was under the gement of the late administration. One great cause to which the decline of British navigation was acribed, was the passing of the bill called the American Intercourse bill, which had been represented as a wan- ton innovation ; and yet by the answer gi- ven last night, by the treasurer of the navy, he learned that ministers had no intention of repealing it, although they had alledged that it went to do for enemies what they could not do for themselves, and to resign to other nations our naval superiority. The house had been told that the whole conduct to the late ministry >vas a series if concessi- ons to neutrals, and that they were weak enoygh to commence a negociation during the ex s'.ence of the Non-importation act. Mr. Rose said he did not rise to oppose this motion, but to state that he was at a loss to know what the lion, gentleman coukhuossibly make out from such an ac- couflB The only law passed during the last session, which had any relation to this matter, was the American intercourse bill, and upon that subject the noble lord opposite to him, (Lord Temple,) had asked him yes- terday whether ministers intended to repeal it in consequence of the objections formerly stated to it ? To this, he answered, that it was rather an important question to be determined, during the pending of a treaty with America ; although he was convinced such a repeal must be of advantage to the country. During the time that bill was pending, he was convinced it would prove a mischeveous bill, and he was now more confirmed in that opinion, as he could ven- ture to say that it actually puts this country in a worse situation than it was in before^ by enabling the Americans to drive the British shipping out of the colonial trade, as the West Indian had no means of car- rying his sugar to America. On these grounds, he very much doubted whether, upon a competition between British and American ships, the latter would not gain the ascendency. Viscount Ho wick said there was no man more desirous than he was to cultivate the good will and friendship of America, be- ing convinced it was fo<- the interests of both countries ; but he eould not carry that desire so far as to say, that an act of par- liament, detrimental to our interest, and destructive of the British colonies, should not be repealed as soon as its evil effects were discovered. If the right honorable gentleman had experienced the inconveni- ence he expressed, nothing could justify him in not repealing it The truth was, all the charges brought forward upon this head for- ward upon this head formerly were totally unfounded, and had been only made by the present ministers to serve their own purpos- es when in opposition, but which they in their consciences, could not now venture to support. Before he sat down, he could not help saying a word or two respecting the conduct of another right hon. gentleman opposite (Mr. Perceval) respecting the order of council passed in consequence of the French decree of the 21st of November. That right honorable gentleman had stated, that lie thought then, as he seemed still to .hink, the measure of the last administration wholly inadequate to the purposes intended; and if so, why did he not now take upon himself to advise his majesty to correct the spiritless measure ? Was not that decrcee just at much i.n. force against this country as it was when he first objected to it ? Tiie whole conduct of the present ministers manifestly shewed, that they do not believe what they themselves formerly said when in opposition. Mr. Rose repeated, that so far from re- pealing the American intercourse bill, he would rather, under existing circumstances, advise is renewal. The chancellor of the exchequer rose, he said, not for the purpose of prolonging this discussion. He did still continue to lament that the measure which the late government had thought proper to adopt at the time when the violent decree of France respect- ing neutrals was passed, was not met iu a manner more efficacious; but still he did not conceive that this would beaPRQPEK OR CONVENIENT TIME to make any alteration in it. Londo.v, July 2. Extract of a letter, dated, Banks of the Elbe, June 21. " I have not been able to learn either the exact position of the Russian armies of re- serve, or their force ; but, I understand, there is one of 60,000 at least, sufficiently near to receive the retreating army ; we may still, therefore, nourish the hope (it will not be sanguine or confident) that Russia is not vanquished. " Yesterday information was received Ivy the Duke of Mecklenburg Schwerin, who resides at Altona, that his territory is de- clared neutral The Duke is said to have joined the Rhenish Confederacy ! " The Prussian troops in the island of Fiu- gen, under general Blucher, are now in Po. merania. After the catastrophe which has taken place m East Prussia, we have lost all interest in what may occur in Pomerania. And the Britisii Expedition, the 11011 arrival of which several months ago has irrepaiably injured the English cause on the Continent, would be heard of with indifference by its enemies, and with regret by its fiends. " To conclude. There has issued from Stralsund. a proclamation or address in French, in favor of Louis XV1I1. fcii.g of France ana Navarre ! The white flag is hoisted, and all loyal Frenchmen are promised " une, disci, jdine pate ¦tulle et une solile plusque double, tyc." This pay is also stated even to art Odd farthing ; and the uniform is carefully described ; with a special note that the de- serters are to inquire for the regim nit oi the king of France, commanded by Moils, the Duke of Pienne. " One o'clock, P. M. " A report is in general circulation, which, though 1 cannot trace it to any satisfactory authority, is so important, that 1 must relate it as I have received it. A revolution insti- gated by the Janissaries, is said to have ta- ken place in Constantinople. It is further stated, that the Sultan, his son, and all the- immediate ministers, have fallen victims to the popular fury ; and that the nephew of the late Sultan has been proclaimed succes- sor. " Others add, that the French minister, , Sebastiani, and many French, are among the killed. " I understand, that 400 waggons have been put in requisition in order to transport the division of Molitor and Boudet to East Prussia. This circumstance, and the silence . of the Hamburg papers this morning, has raised our spirits." We have made some extracts relating to the military opwations in the Turkish pro- vinces. It appears from these that the offi- cial reports in the French papers of the vic- tories obtained by the Turks over the Rus- sians and Servians, are a tissue of fake- hoods; So late as the end of May the grand vir.ier had not been able to advance further than Adrianople. His army was in- considerable, insufficiently provided with arms, and in want of almost every necessa- ry requisite for entering upon a campain. The Iiussiansfar from abandoning Wallachia, as it was stated, had advanced' their head- quarters from Boucharest to the Danube. There was every probability that Widden would be shortly in their possession, as it was approached by a strong Russian corps ' on tiie one side, while the Servians were advancing in force against it from an oppo- site dm ction. We wish the prospect in Poland was as cheering as it is on the banks of the Danube. JULY 2, AFTERNOON. 3 o'clock-W\' have just been favored with the sight of a letter from Konigibdtg, of the 17th of June, received by a gentleman of the first respectability, on whom we can fully rely. It places the battle of the 14th in a very different point of view from the French account. So far from being a Ue. feat, and in favor of the French, it states with confidence, that the consequences of the battle, which was very bloody on both ' ' sides, will in the end be to the advantage of the allies ! that only a part of the Russian army was engaged ; that they tell back as a matter of prudence, not from defeat ; that many French prisoners were brought into. Konigsburg on that day, and that at the/ departure of the letter, they had no fears- for tiie perfect safety of the town. KING', SPEECH. House ok Lords.- The lord chancellor, the archbiship of Canterbury, lord Dartmouth, and lord Ayles-,, ford, took their .-eats as commissioners im- mediately below the throne, ana the commons being a few minutes after in attendance below the bar, the lord chancellor read the following, speech : My Lords and Gentlemen, We have it in command from his ma- jesty to state to you, that having deemed it expedient to recur to tiff sense of bis people, his majesty, in conformity to ins declared intention, has lost no time in causing the , present parliament to be assembled. His majesty has great satisfaction in acquainting you, trial .-.mce the events which ;ed to 1 ire dissolution of the last parliament, Ins majesty has received, in nmih.ious ad- dresses from his subjects, the warmest assur- ances of their affectionate attachment to his person and government, and of their firm resolution to support, him, in maintaining the just rights of his crown,, and the true- principles of the constitution ; and he com- mands us to express Irs entire confidence, f that he shall experience m all his deliberati- ons a determination to afford him an equally loyal, zealous, and affec'.ioatre swpport under, |