Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1806-07-30


repelling it, the president might have
commenced offensive operations, and
have ordered force TO any other quar-
ter, say the Caracas, by way Of inilicting
farther punishment on the aggressing
power. Mr.. Hoffman though, of Han
nlbal at Rome, and Scipio at Carthage.
AS politician he would not credit the
president for SO much military knowledge,
skill and intrepidity.
] Our territory was then invaded, and
our rights infringed, and without decla-
ton oil war by congress, it was the duty
OF the president, said Mr.. Hoffman, TO
chastise the invaders; such was our stu.
| alton. Let us now glance at The case Of
the defendant. 1t is notorious, said MIR.
Hoffman, that congress was debating with
closed doors, and, if debating in unison
with the feelings of America, upon de =.
| claration of war. 1fwar was TO be declar-
ed, & aslhe doors of congress were closed
| no one could tell but it was, it vas The bu
siDess Of the executive ts anticipate aud
provide for it. AT this juncture the en-.
terprise Of the Lsander was planned,
! and Miranda consulted Mr.. Madison re.
of II and approved oft, and so, said Mr..
Hoffman, did the president. From these
premises Mr.. Hoffman concluded that the
testimony of Mr.. Madison was material,
tor that in fact knowledge and approba
ton oil The enterprise, by the president,
was authority TO the defrndent to engage
III &c. Every one will see how fallacious
this Hypothetical reasoningis when appli-
| ed TO the case of his client. 1t was pre-.
suming upon state of things that did
not exist, &c upon authority given by the
| president which neither was nor could be
given, but which if the state of things
had existed, and the authority could be
aud had been given, would have justified
the defendant naX he would not, under
these circumstances, have been brought
TO the bar oil his country to answer for an
acl calculated 10 embroii it with foreign
power.
The district attorney read an affidavit OF
his own, stating that the offence with
which The defendant stood charged, was
committed in this city, and that the wit
nesses, against whom attachments were
prayed, resided and were at Washington
at the time.
! The district attorney then replied 10 the
arguments of the defendants counsel al
| great length. He contendcd that the tes-
umopy OF the witnesses was not material
| in justification, and therefore, not assent
al to the jury in forming its judgment.
For allowing as argument all that had
been said Of the president's knowledge
I md Of h. "a irh
is but assertion, still that knowledge and
appreciation did not amount 10 authority
or direction to the defendant to DO
an unlawful act. Congress had not de
clared c6enGre, nor had the president au-
thoriscd or dreEted offensive war. AS
the government of the United States
was at peace, none of its citizens had d
right TO be at war with Spain.
The arguments of the district attorney
we're enforced and Illustrated by MIR. Ed.
yards, who began his speech at one, and
closed at half after two in the afternoon
when the court adjourned 10 "Wednesday
morning at 10.
! Wednesday morning--Mr. Edward:
I was heard in continuation, and was sue
ceeded by Mr.. Emmett for the denfen
dsnt.
:. Mr.. Emmett commenced an elaborate
and learned speech Of two hours. He
regretted that the action had been com
menced, and wished it were in his power
to efface il from the records of the cour
and the remembrance OF the country. lie
thought the defendant more siDned a
gainst than SHINING" He had no doub
of convincing the court that his client bac
not offended against the laws, and, on the
other hand, that the great and iIlustriou'
man who presides over our national at
fairs had, in approving the expedition, 81
ven additional evidence of the excellence
, Of his character, and the correctness o
his views. Neither, according 10 Mr.
Emmett, had done wrong.
, MIR. Emmett maintained, with earnest
. ness, that the Testimony Of the witnesses
was materially first, in justiRcation, or, sc
, condly, in mitigation of punishment, ant
! therefore that compulsory process ough
, to issue before the defendant be put TO tti
al.
In respect to compulsory process il
/. England, on which the counsel for tn
v prosecution had descanted a, large, it wa
issued at the discretion and 10 nsintai