Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-01-12

circnit courts ot{he Cnited States, Il ON |,
ths FIRST sSi:solsbh,nentsof dur federal sys-
lem.
The sauyS articies;swclvc the 'construc-i
ton OF Two state laws OF Virginia, which !.
am charged with having iairinged in The !
trial OF Calender, which were M; naen,i- I
oncd ON the trial, or during any Of The in
tscdue,nry proceedings, aud of which I
never heard until these articles were re-
ported few weeks ago. Il is manifest
that in order 10 fix the true cons ruetnn
of these laws, about which professional
men have differed in opinion, recourse
must be had 10 the decisions Of the courts
oflhat state, as explained by iheirrecords
oripscase those records shsu.d be silent,
to therecollection and opinion OF profess
sionai men, accustomed To preside or at.
tendin the courts where those laws are en-
focced. Il is manifest, that such an inves-
Ggalion cannot be accomplishing short
Time.
The facts on which this prosecution
rests, except The last article are alIcdsed
to have taken place more than four years
ago some of them at Philadelphia, SOME
a, Wilmington, IN the state of Delaware,
and Some at Richmond, in Virginia.
I These !acts are very numerous, ard the
greater part Of them are of such a nature,
as to depend for their crirninali,y or limo
cence, on minute circumstances, or slight
shades of testimony, and often ON the diff
terent manner in which the same circam-
ss,anSes may aEst diffrrcn. spectators, all
equally disposed TO represent truly what
they observed. The most material facts
are eIIedged te have happened ia Richmond
), and Philadelphia. In the former CT these
WAGES am pultcr stranger. having ne
/ yer been there but once: and in iht: later,
4 know personsly bur very few ind vidu
ais. These circumstances render II very
difficult for me, 20 ascertain the persons
Who Witnessed the various sransaeainhs in
: question, and sre able. aficr this lapse OF
,nne, to give accurate testimony concern
ling ;hen; and this difficulty is cry muci,
increased. BY the distance Of those places
from that OF my rcsidence- I assure this
memorable court, that from the ts,onirnt
when ibis prosecution assumed a SERIOUS
appearance and drHni,iye ferris, at the
last session ofccngrsss, have turned nv
attention to the subject Of ny defence, and
my answer, and have excited myself in
finding out and procuring the requisite
tes,imoay bot DC difficulties which I
have stated, added To my III state or health
during great part of the last ycar, have
prevented nv from making sucs, progress,
as 10 afford me the hope er being able to
et'sia the oh;-et in a very shcrt lime.
have done much, bur much, very much re-
mains 10 be done, even in those parts OF
the prosecution where had some uoiice.
: bythc crrcccdingsDfls session. II those
, very material parts which have ORIGINATED
\ Outing the present session, every thing is
still to he done.
IL snay perhaps be thought, that aI,ho
these preparations might be necessary To-.
: The trial, they are not so for the anss -r
b.r such an opinion trust, would or ex.
: amiFa;ion be icund erroneous.
The answer, in cases Of impeachment
!. must disclose the whole defiance, and he
defence must be confined 10 The matters
(, stated in the answer Olherwisetlsc pro
(, sccutcrs might be surprised at the trial,
, by objections which wish previous notice,
< would he ia their power 10 fef.t;t. or ex
!, flaip. The accused wherefore, before he
; pits in bis answer. Ehtto have time suf.
; heicntfor making thoroughly mas.
tesof his defence. Of Tie grounds on which
: u rests, and Of the istis and evidence by
: whchit Ito be supported. He ouyh, "a
be completely prepared for the ;sisI; be-
) fueso Which and the answer no leiay reef,
: 10 take place, except sucl, as may BE ne
cessSy Tor corvening the Witnesses.
In 20 material pari OF his prspara,iop
Tor defence. MS The drawing up Of his an
swer, It will not. presume. be denied that
5 he ought to hsve1sn opportunity of obtain
ing the beat Professional assistance, which,
u may be 10 his power TO procure. This
assistance is rendered peculiarly necessa-
ry to me, BY the very precarious state OF
my heal.h; which affords nc, at tlis sea-
son OF The year especially, bot shsrt and
uncertain interysis, OF fitness for mental
or bodily exer,ion. Should ny answer
be required in a shortii,D-. have no rea-
son 70 suppose, that shall be able 10 cb-
tain such assistance Of this kiud as 50
much need, and as probably. shan other.
wise have il in my Eower. Professional
| gentlemen. engaged extensively in bust
ness, are at all times too liable 20 Interrupt
ton, and too much occupied to devote
. Ia Lee = .