present trial; that it was, therefore, the interest of the United States to have the trial concluded during the present term; and, that he had no doubt the very same considerations would lead every member of the grand jury, cheerfully to submit to any private inconvenience which they might sustain, but punctually to return at the time appointed by the court.

The CHIEF JUSTICE observed, that there could be no difficulty on the part of the court.

Mr. HAY.-General Wilkinson's situation, as commander in chief of the forces of the United States, is a very delicate one. His official duties may require him to return immediately after his arrival at this place. Our affairs in that part of the union are also in a very unsettled state. If he should be compelled to return after the adjournment of the court, it may not be in his power to be here either at a special court, or at the next term. He hoped that the proposition to adjourn the grand jury to a distant day would meet with the approbation of colonel Burr and his counsel.

Mr. WICKHAM owned, that this communication somewhat surprised him, as Mr. Hay had, but a few days before, announced to the court, from a letter of the secretary of war, that general Wilkinson would be here between the 28th or 30th of of May.

Mr. HAY observed, that the letter from general Dearborn admitted of an easy explanation: that according to Mr. Minnikin's affidavit, the express could not have reached New-Orleans before the 3d or 4th of May, and that this exceeded the time which general Dearborn had allowed. His opinion was founded on the circumstance of the messenger leaving Washington on a certain day, and of course his reaching New-Orleans on a certain day. That Mr. Minnikin's affidavit had shown the calculation to be not altogether correct; that Mr. Minnikin had, therefore, given him some information, which general Dearborn could not have possessed. Mr. Hay was sorry he could not inform the court how general Wilkinson travelled, and of course how to make any calculation about the time of his arrival.

The CHIEF JUSTICE said, that before the grand jury came in, he could not but express his regret at the great inconvenience which they were likely to sustain; but he believed, that less of it would arise from the course pointed out by the United States' attorney than from any other. The court would continue to sit as usual; its ordinary business would go on; and no further steps would be taken in the prosecution, until the return of the

grand jury. The court would observe, that it seemed desirable, in every point of view, that this business should be closed du ring the present term; that a number of witnesses were now present, all of whom would not probably attend at any other term, and that it would be more convenient for the court itself to wait a fortnight longer after its usual period of adjournment, than to hold an intermediate court for this purpose.

Mr. WICKHAM had no doubt himself, that if general Wilkinson had intended to have come at all, he would have been here before this time; certainly the government had not failed in its duty in taking every necessary measure to have him here. If the grand jury was adjourned to some distant day, the great difficulty would be to collect them all again at the end of the time appointed; and that if general Wilkinson was to come at all, he may be expected here every day; and that of course, it was better to adjourn the grand jury only from day to day.

Mr. HAY stated, that a large allowance ought to be made for the distance and uncertainty of the journey; and that he should remind the court of a corresponding fact. Mr. Perkins, who escorted colonel Burr, left Fort Stoddert about the 23d or 24th of March; but he himself did not reach this city before the thirtythird or thirty-sixth day. Now, Mr. Perkins certainly travelled with greater advantages than general Wilkinson would; as he pressed or purchased horses to expedite his journey. Admit, then, Mr. Perkins used due diligence, (and he has been even charged with too much) how can general Wilkinson be certainly expected? Gentlemen ought not to be so confident in their hopes. General Wilkinson will be here, as sure as he is a living man. Nothing but death will prevent him.

The CHIEF JUSTICE observed, that a large calculation ought certainly to be made; as the distance was very considerable, and it was very uncertain when general Wilkinson set out, or how he travelled.

At this moment, the grand jury returned into court.

Mr. HAY addressed them in the following terms:

Gentlemen of the Grand Jury,-I have already stated to the court and the opposite counsel, that this business should be concluded, if possible, during your present session. I have moved the court, that you be called again at the end of ten days, or a fortnight. My calculation is, that general Wilkinson cannot be here before the 14th or 15th of this month. I am sorry to detain you here a single moment; but I flatter myself, that you will still continue to display the same praise-worthy patience which has hitherto marked your conduct. I am, therefore, anxious to consult your own convenience as much as possible; and I wish to

know, at what time it will be most convenient for you to return to this place, if you are adjourned to a distant day.

Mr. JOHN RANDOLPH, (the foreman). Any time, may it please the court, shall be most convenient to ourselves, that is most convenient to the court and the parties. We should, however, prefer a distant day.

Mr. BURR observed, that there were manifest inconveniences in the measure proposed. He had, for instance, a number of witnesses here, from a distance; would it not be inconvenient for them to be kept here? Certainly, however, they may be detained; but why an adjournment to a distant day? Mr. Wilkinson may be expected here every day. The attorney's estimate of the time is not perhaps correct. Perkins came about the same distance as Mr. Wilkinson is to come; but he performed his journey in thirty-one days. What we want, however, is some data from the government on this subject; such, for instance, as the time when the express left Washington. As to Minnikin's affidavit, what great reliance can be placed in it? Did he certainly identify the express? But suppose that the express reached NewOrleans about the time mentioned; Mr. Wilkinson may come by water, and is to be expected here every day. Mr. Burr hoped that this measure would not be adopted; particularly as it was uncertain, whether eight or ten days hence all of the grand jury would meet here again. Mr. Wilkinson may be near to this place at this moment; and he may arrive almost immediately after the jury is adjourned. Adjourn them from day to day. According to Mr. Dearborn's letter, Mr. Wilkinson ought to have been here between the 28th and 30th of May; allowing, however, six days more than he said, Mr. Wilkinson may be expected here to-morrow.

Mr. HAY observed, that it was of no sort of importance to him, personally, or officially, to what time the grand jury was adjourned; all that he wished was, that the public business should go on, and this prosecution closed during the present court. Whether general Wilkinson would be here to-morrow, or a fortnight hence, he knew not; he merely made the present proposition for the accommodation of the grand jury. If gentlemen, on the other side, choose to object to it, and the court would adjourn the jury from day to day, he was satisfied. He had, in the early part of April, received a letter from Mr. Rodney, stating, that every exertion would be made to have him here: it was not probable that the messenger could have arrived in NewOrleans, before the 3d or 4th of May. If general Wilkinson travelled by land, he would not come so expeditiously as Mr. Perkins, because Mr. Perkins had exhausted the frontier parts of Georgia of its horses. Such, at least, was Mr. Minnikin's representation.

Mr. MARTIN submitted to the court, whether it was not better to adjourn the jury from day to day. Any calculation on such a subject was uncertain; it was uncertain whether general Wilkinson would travel by land or by water: but if he came by land, he might certainly travel further than the gentleman had allowed-thirty miles a day; nor would he be obliged to use the same horse, as that gentleman had also supposed. As general Wilkinson was a military gentleman, he would not be confined to thirty miles a day; nor might he deny himself the convenience of frequent relays of horses. And suppose that he should arrive here to-morrow, all the other important witnesses are present, and the business might be concluded before the time should come to which the grand jury may be adjourned. He hoped, therefore, that the court would not adjourn them to a distant day. As to himself, he said, he did not wish his own situation to enter into the consideration of the grand jury, or the court; that certainly he ought to be on the Eastern Shore, on -, to attend the court; but that notwithstanding this circumstance, he was determined to stay here, so long as he could expect to do any service to the gentleman whom he had come to defend.

Mr. WICKHAM stated, that if general Wilkinson did not even arrive here in two or three days, incelligence at least might be obtained within that time, of the period of his arrival. Every post from the north or south might bring the information; every person that came by land or water might do so: under such circumstances, ought they to be adjourned for ten days, or a fortnight?

Mr. RANDOLPH, (the foreman).-It is, sir, almost indifferent to the jury, what steps may be taken; they have made no motion for their prorogation or their discharge. Their great anxiety is, to fulfil their duty.

The CHIEF JUSTICE said, that he was fully impressed with the patience which the grand jury had manifested; perhaps Monday next would be as convenient for them as any other day, to reassemble.

Mr. HAY hoped, that the grand jury would be punctual in their attendance, as he sincerely wished to have the business closed during this term; and number of witnesses were present, who cannot all be expected here again.

Mr. WICKHAM expressed his opposition to their adjournment; for although the jury had hitherto exhibited so much patience, yet if they retired home, some one might find his domestic affairs in such a situation as to think himself excused from further attendance.

CHIEF JUSTICE. Let it then be understood, that not before Monday next, three o'clock, will the jury be called again.

A desultory conversation here ensued between the jury and the chief justice, some of the former wishing as distant a time as possible. Tuesday was then named; when Mr. Wickham observed, that if the grand jury preferred Tuesday, he should have no objection; although he himself should prefer an earlier day. CHIEF JUSTICE.-Gentlemen of the grand jury, you will attend here on Tuesday next, at two o'clock.

TUESDAY, June 9th, 1807.

The court met according to adjournment. Present, the CHIEF JUSTICE of the United States, and CYRUS GRIFFIN, the district judge.

It will be recollected, that on Wednesday last, (the 3d inst.) the grand jury were adjourned till this day, at two o'clock. At the hour of three, all the members appeared; their names having been called,

Mr. HAY observed, that it was proper for him to inform the court, that he had received no further information respecting general Wilkinson, except what was contained in a Norfolk paper, (the Public Ledger) received by the mail of this morning; a paragraph of which stated, that a vessel had arrived there in twenty-seven days from New-Orleans, and that, at the departure of the vessel from the latter place, which must have been about the 11th of last month, general Wilkinson was still in New-Orleans; and nothing was said as to his intention of leaving it. There were gentlemen on the grand jury just from Norfolk, who would be able to state whether the information might be relied on or not. He said that he had confidently expected general Wilkinson here before this time; but that he might have been led into the mistake by the information of Mr. Minnikin, as to the progress which the express had made, when he saw the messenger on his way to New-Orleans. It was possible that in the latter part of his journey, he might not have been able to move with as much rapidity as upon his first setting out; but from a knowledge of the fact that general Wilkinson was at New-Orleans at that time, his hopes were much stronger that he would certainly be here. The express would go directly to him, and he would have nothing to do but to prepare for his journey to this place: he wished the subject might be postponed for a few days. For the sake of economy, for the sake of that justice which is due to the public and to the accused, he hoped that no objection would be made to this course. Almost all the witnesses were here; that he was sorry to be forced to make so many apologies to the grand jury, who had already manifested so much patience; but