Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1806-08-09

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den's memorial" Ia June last. we declared eur.
selves sauslicd 10 abide the verdict of the jury
which was TO pass between the accEsed and their
country, and admitted that as " their defence
would rest entirely On proving hat they were en-
Outraged by the government. the oe'dict nHss BE-
Conclusive on roe pint If convicted. it NUT be
believed that the administration were entirely in
nocent of knowledge of shs affair; il acquitted.
then must the whois guilt rest on them"
The cause has now osen tris 1. soemnly tiled,
and after full, fair an 1 impartial hearing of the
wnoe case. the verdict, of two intsllisent and in.
dependent juries have pronounced that the deGea-
dans are NOT Guilty. 1t may nor b. improper
here TO reninl tue reader that these prosecui
ons have been instituted against two of their fes
low CITIZENS Nv the Immediate direction of the
Pfesideut of the Uaited States; and that while
the issue; were peniing and the accused, b. the
humane construa ion of our laws, entitled OF
risht 70 be considefed innocent. and to have their
cases come before the jury under thar favorable
Impression. the President ayailsd himself OF his
p,e'oSativc. and actually punished one of them
Col. Smi,h) by dspriving hi'ns of his Office and
ms family OK support; thus preju lying me case,
ami thu, presenting him before the jr.y, NOT as :
nesumptively innocent man. whose guilt was to
be established BY the accuser, bl; as a presump
lively guilty man who waste cake Oh himself
hebor ten of Provi ,g nimself innocent a pro
ceeiins unparaile ed N the legal annals Of this
coun ~. An uprigh. jury however has STEPPED
IN between the oppressed and the oppre ser
We rejoice Al tins decision. because 1t is Just.
and proves THAI car ciuzcns too wise and
viTtu'us after al, destroy eaca other for par.
~ es7siderationi, or FOR the purpose of promo
ing an insecure. trcacherou, and cowardiy poll
cy inthe government All tas friends Of hu-
manly will rejoice at the elea which tins YER
dics must produce il favor Of our citizens who
aaee been captured by the Spaniards. If a has
y decision has not already dct rmned thsir tate
the veiopemsn; of the faa, now no longer
doubted by any one. that The expedition unaer
gen. Nirania. WAS irs itateS ,sAb t6s k,ozyiedSe
y re Atreriean g'vsrnH.est, NUT arrest every u
gorou, proceeding by transferring Tho RESPONSE
orny Tor what has bcsn done from individual
who were he actors to the adrninis,ra ion which
connived al and was originally the cause of their
conduit
1t has been suggested, that these proceedings
against Col. S'ui h AMI Mr.. Ogden wore neces
sAry political compllances with the wishes OF the
mnister OF France and Spain We SCUM the
idsa OF a'erting public danger By the sacrifice of
our fellow citizens. Is inju,s,iee has bseu dous
10 Spain let Ne trace rhe injustice 10 it's source
IL will be more safe and honorable to our c,ua.
Try and The separation will be more Satisfactory
to Spain, 1t we degrade and punish the DKsRr-
vea' Than by treachcrousiy bstraying the d.cei
Sea
But while we ia our intention on this in.eres
ting question, let US be just; let Nj Jefferson
have tair trial "a fai.er than it was Intended
the accused Smith aud Ogden should have let
e''a proSnce evey species " epiaerce legal and
ven informal IN his favor Lee MIN De hermit
ted TO mitigate ard ex enua.e wha5 he may not
b. able fully TO ju tify bu, let him know that
the voices or all honest men unite 20 concar IN
demanding an exp cit ans yer, 10 the suestjons
-W6etber be sras NOR fulL, into, med ,6as Gen Mi
fa"Ei came 10 f6is Gun y TOR roe exp ess pybosc
OF fitting om tbe expedition 4vbe5 las suiked far
Cn'@ces g Woe. Der 1t Spas ka spn 10 bin TIA.
Col Sanfb Uas emp gel IN t6ose isienneaI yrrscc
hons q" Subie5 pc 5as Geea sss punished BY tak;ng
a~ltf' ON 1'm a Iue niDe y1ice eqlai in its opera
nan TO ne u six to,usani dollars a yszr Tor life,
ana hex p'0.ecu ed as a iminai ar zoe 6a, oT q
eoar Of jnstice ? and iasfy s6ese, t6is same o,c
c.iioh vas nor st oa oo 1y bis e.p,es: Gsd bsrso.
n4I d,feeuon2
Tbs affair cannot be smohersd public SYM
patny Tor the viesins at Derne is no. yet ex,iu-
guishea-bur every nerve IN our Country will be
agosiscd it h. lives of ihe I.rsoaers al Car,ac
cas- are sacrificed TO conceal a perss,,. error. q,
as The psics of personal popu!ariiy- Gore of his
hereafte'-It will b. 10 be seen ifsny aouainistra
non can stand such conduA"
Bar OF wha- are these vehemsn, tIenunciati
ons founded. 10 new facts are aoduced 70
prove the participation of the administration IN
sle schemes of fanandl We 10. not know
what disclosures may be made when n full nc.
eoan. OF the trIai hail BE puo.ishsd Butat he
sen. the only hing relied upon 1. the acquit,al
OF hessrs- 'muh AMI Og len. The utmost this
can prove is their innocence, and ;his in the strIt
and legal sense OF the ierm. The jury were
bound 10 be govetnej by legal evidence, and b ,
tiat only and j, would see n, from their yerd;a
thar the evitencc of that nature wss not sufIic,
cn,iy streng 20 support the prosecution
But does II Follow taat because Smith and Or
den are taus found not guilty by jus Of the 5,
country Ct the esa,gsa Set forth aga,ast them,
that the President or The Secretary Of State arc
reprehenssie Their acaaittal of any par,icipa.
uon IN Niranda's eq'upmen, surely dces no,
convi6 the administrator of 4 participation in
1t. Both may be innocent
The only ground then for censure left il the
insutuugn OF prosecution, and the removal oil
Col smith from Office Ban 6, am man read
he dispositions in oar Arsr page,ii which Ogisf
and Smith acknowledged The agency they both
had IN supplying Miranda with military store:
and enis.ing mea, aud answer whsiher, po,ses
sed OF this iniofniat.ou, the executive could ne
state tor a r,ome'r 10 order possessions, or &c
remove from Office u mai. VINO thus appears, on
his own ackno~ iedgment TO have had tins scen.
cy, and Consequently to have assisted in jnfrin
ging laws OF winch lie WAS constitu ed the legal
guardian Under thi, view of the SUD ie6l it is al
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