Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-06-06

before tie latter is widely different from
that which is necessary to be produced to
tnc former The testimony qu,site m
duce the court 10 commit the person accuS-
ed is less than we are bound to submit TO
the grand jury, and much less than that
which alone is admiss bic before the petit
Jury. will quote the authority of the gem
uemen against themselves. They say that
stronger evidence is necessary before
the grand jury than before a court for the
examination Of L prisoner. l think diff
tercntiy myself but certain it is that
aihdavits are not admissible to be sent to
the grand jury although they may be used
to convince the court that it is proper to
commit. For my part, | think we are al
ready IN possession of rip0 poce evidence,
not only Suiic 'ent to commit col Burr but
to induce the grand jury to find in favor Of
both the indictments but will boldly en-
quire. whether i should discharge my ho-
nest duty, were ! 20 submit nv indictments
before the grand jury at this moment, when
have not all the material evidence which
we NAV possess? Sir, these gentlemen NAV
cast their grOuntlless censures upon me
but in vain : all their clamors will never
move me from my purpose. The course
which am pursuingIs sufficient to satisfy
my own conscience and it is Indifferent
to me whether ten or ten thousand men
should JOIN In my condemnation.
Mr.. Bolts asserts, that we have produc-
cd no authorities TO prove our position and
that we have none to produce But is il
right to be continually recurring to precc-
dents Is there no allowance to be made
tor the operations OF common sense, in anu
case Where cases OF doubt and difficulty
occur, re ference of this kind is certainly
proper 60 enlighten and fortify our own
judgments. But even admitting the pro-
| prietY OF introducing precedents in the
| whole extent for which gentlemen contend,
| 1t rs their business and not our own to com
| ply with the requisition for precedents. We
stand upon the broad, general principle,
that courts have the power to commit. If
| gentlemen contest this principle in the pre-
sent case, why do they not introduce their
| countervailing authorities?
! regret that my duty did not permit me
to give my friend Mr.. Wickham notice of
/ this motion, that he ght have more seri-
ously meditated upon the subject before he
urged his objections If he had understood
! II with MS usual correctness he never would
have troubled the court with the law of
! Virginia for this law has not the slightest
! bearing upon the specific proposition be-
! fore you.
! Mr.. Wickham enquiries why we do no,
at once send up our indictments before
! the grand jury. Suppose, sir, we should
! pursue the course, which he recommends :.
suppose we should send up our indictments
on the evidence, which is now In our DOS
session. Several days might clapse before
! they would be able to investigate this body
OF evidence. In the mean time some of
those numerous persons who are prvine
into every hole and corner Of this CITY nighf
probably catch some distant hint of the
probable decision of the jury. They have
certainly too much discretion not to keep
their own counsel: but it is absolutely i'm
possible to exclude completely the busy eve
OF curiosity. Some vague insinuations may
probably escape; something which might
justify suspicion of their determination.
suppose then that Aaron Burr was to be
actuated by these considerations: supDose
that his fears Of fears he can feel - should
prompt him TO escape what, sir, would
become OF our Indictment? Mr.. b. NAV quit
! the u. States he may fee forever beyond
the jurisdiction of this country; and in that
case the whole world would ridicule us for
the course we had pursued. OrIet us even
, suppose that we were to withdraw this
motion, where would be our security p
I Must we trust to the indulgence of Mr.
J Burr himself for remaining in this city and
! standing his trial
We expect gen. Wilkinson here in a few
days. We have an affidavit which posi-
lively states, that an express to New-Or-
leans TO comm nd mis- presence ON this trial,
was met on the frontiers of the Mississippi
territory. We have also letters from the
! encouragement of the United States ex-
| piicitly stating, that gen. Wilkinson has
been Officially authorised to leave the ar
my of the United States, and TO select what
| ever mode OF transportation he might think
proper. Here Mr.. II. read the affidavit,
shelving that the express TO gen. w. been
! seen in Athens, in the state of Georei1 /
In the mean time, what is col BIS SITUATE
| on 1t is completely optional with him,
! whether to stay here and face his accu-
sers, or to avail himself of his liberty and
leave the United States. We call upon
this court to exercise the authority with
which they are invested and by binding
over col. B as well on the charge Of high
| treason, as of a misdemeanor, to detain him
here for satisfactory trial.
We scarcely expected to have been ask
ed, why general WIZ tson was not here
The gentleman himself has said, that he is
a general. Can he then leave his army at
any time, and without the permission of
the government! Make, however, "A COM
putation of time. The attorney-general
left this city on the 18th or 5th of April
lie reached Washington ON the 9TH or 9Th.
AIlCty then q .f,ta