Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-05-30


c'ded whether they ought to commit. Be
sides no warrant has been issued against
Col. Burr on the present OCCASION. He
has not been arrested Tor treason and
therefore cannot be considered as in Gus
tody for that offence.
MIR. Hay then made some farther Oh.
servations on the Importance of the
charge of treason, (Which is of;he high
est nature, involving the reputation and
lite OF the prisoner,) and the grea, neces.
Sly therefore of the most ample security
10 compel his appearance tn answer It.
re stated that this examination might
last many days that after the court had
made up an opinion that Colonel Burr
ought TO be comMitted, he might march
on and leave the Court To pronounce il
so that an order TO commit might be made
by the court, and no person found on
whom IT could be executed. Such an e.
vent, he said, would excite the laughter
and scorn of all the people of the Uni
led STATES. He mentioned that an I'M
mense expense had been incurred by
the government in collecting Witnesses,
and preparing for this trial. that there
fore he did not Wish the whole OF that
expense 10 be thrown away. General
wilkinson is eXpscfsd % arrive between
the 2Sth a d 5Oih OF this month. If he
arrives, bnfh the bills of ind c,ment will
be IN m~distely sent to the g,and Jury,
THIS Is the FIRST instance in which the
ministers of the Ia,y haye been reou.sted
To- say 10 the aCcused, "you may do as
Won please, and go at large until We pro-
nounce sentence" The gentlemen con .
tend .nr new principles ia fsVor of Col.
Barr; but. J. trust, iiiat greater privileges
viii not be granted 70 him than to tin,
hombicst deludrd victim of his ambition
The circumstance that he has already
e"t-'ed iat"a rscognizance TO answer for
2 N sdeueapor, IS 10 Argument 20 exemp
IN IN n'ering into another on charge
.'t treason. SheIl N accused clear h,r m
self IRRESPONSIBLE y for one Chine by hi,
ha''"s G. mmi-,sd OF being charged with
anp b This would indeed be TO violate
ma maxim &c law, taa no man shall be
ae"eh ed 10y his own wrong. Nc Bolts
has csntended tha, there is q difference
he wcen The case on the examination and
VA; nov b toie he c urt; jhst, IN the
!irsi 10 .ta"ce, va ant had been ISSUED :
bat r0re m the present, Rui a warrant
IS certainly unnecessary, now that the pri
soner i bciore he court. The obiec,
OF warran is 20 bring IN before vGu.
When this fas been done lis fitnctus Of
f6fo. Here is Col. Burr, before The court.
II is tberelore iumal-uaLh0w he came
before II; but he ought TO be consid, Ted
IN custody, Until discharged 5y tie due
cnu e law.
1he Chicf Justice delivered the opinion
o. he court, he subs c. af which wa as
io!lo@s. 1T is certainly necessary that a
person accused should he retained in
custody, or required 70 give security FOR
las appearance, whde his examination is
Depending. The amount of i've security
20 Be required, must depend, how ever
"pon he weigh, of The testimony against
aim. On a former occasion, Col, Borr
was held TO bail for his daily appearance
n the sum Of FIVE thousand dollars only.
because there was no evidence Z. fore the
Judge o prove tic piobabil OF his hay-
ing been guilty q treason, When the X
animation was completed, the sum of
ten thousand dollars was considered
su!llc.ent to bad HIM 10 answer ths
charge of a misGeneanGr only, be.
caose the cons ifu.i0n r,quires that
excessive bail sii nd not be taken; but
that rocogui zance had 10 application to
The charge Of treason. YET, whether ad-
ditional security ough, to be required ~
the present stage Of his busiOa IS, before
any evidence has appeared TO make the
charge ct treason probable, is a question
oi some di.iicu,ty. Ii woaid seem hat
evidence sufficient to furnish probable
cause mas first be examined before The
accused can be deprived Of his liberty or
any secnrty can be required Of him
Vet before this could &c done, he might
escape and detea' The very end Of The OK
animation, IT, common cases, where a
person charged with crime is arrested
and bronghi before magistrate, the ar
'est itself IS preceded by ~ oGdaDH,
which furnishes grounds e hro5abte cause,
Vie prisoner therefore is continued IN
custody or bai'ed unIi the eXamin2l on
rs fnIshsd, Rut here there has been no
arrest for treason, aud Col. Burr not
IN custody for tia offence. The cvi-
deuCe then must b. heard TO determine
whether he ought to be taken into cus.o-
dy. But as the present public and so.
Iemn examination IS very different from
that before a single magistrate as very