Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-05-27


during the last winter. Under these
circumstances, doubted the propriety
of my being put on the jury but i
felt no diStrust IF myseJ, as l was con-
tident thatI could discharge the duty, I'M
der just impression of what l owe to my
country, to the accused, and TO my own cha
racter. The marshal assured me that he
felt the strongest disposition to o5lige me,
but that he did not think he could do'it, con-
sistently with his duty. He supposed there
was scarcely man to be found, who had
not formed * expressed opinions about col.
Burr that he too, was In situation OF
great delicacY and responsibility, and that
without the utmost circumspection on his
part, he should be exposed TO censure. 1
renewed my application to the marshal
several times, and always received the
same answer. Thus situated, determin-
ed to attend the court, both from sense
of duty, and because I would not put it
in the power of the malicious, and those
disposed to SANDER me, TO assign motives
for absentings myself, which had no kind
OF influence on me. Another reason for
pursuing this course presented itself some
time after had formed this determine
.tion conceived iha, an attempt had been
made 10 deter me from attending this court. /
had heard dat one of the most severe pieces
which had ever been seen, was preparing FOR
publication, If I did attend and serve on the
Grand jury L on what quarter t1s stnek was
20 c'me. did not know. The only influence
which this circumstance had, was, TO confirm ne
in the de- errinaiicp had made !; as was much
more inclined to defy my enemies, than to ask
their mercy or forbesFano~. From the first
hes,tated, whether ought not to make the
same representation 10 the court that had
made 10 The Marshal. AS was in doubt on
The subject, before l came from home, / COM
mite;d TO paper the substance OF what have
n5w said, and consulted thfce gentlemen who
were lawyers, men of honor. and my personal
friends. Their advice 10 ire was. not 10 men
ton it, for they did no: believe that the court
would or ought to discharge me Tor the reasons
had mentioned. AS was IN doubt myself
determined to follow their advice, and the more
readily, as thky Aeen,ed confident hat would not
be discharged; and was nor ambitious of &C.
curing, in this way. reputation for scrupulous
delicacy ] was perfectly willing thar my repu.
tation should rest upon the genersl tenor Of my
life, and die not be ieve that my character requr
ed such q prop. At present, feel myself en-
bsrrasscd how act | certainly was, and am
snxirus, not only to serve on the Jury, but am
unwilling to lYiLbd,GO lest it should be thought
that l shrink from the discharge of public duIy
of great responsibility, and am no. willing to
to be driven from the discharge OF that duty, in
way which should lead 70 a belief that the OBJ
lection made 20 ne is either acknowledged 10 be
well founled. or has been sustained by the court.
Upon this subject the example of sfr. Giles has
great weight with me That consideration, and
hope that my motives cannot now be misunder-
stood or misTepresented, will induce me TO do rs
he has done
Col. Burr. The circumstance mentioned
by the gentleman, that an attempt has been
made to intimidate him, must have been
a contrivance Of some of my enemies for
the purpose increasing the public preju-
dice against me since it was calculated
to throw a suspicion on my cause. Such
an act was never sanctioned by me, nor by
any Of my friends. view it with indigna-
tion, and dsclaim any knowledge of the
fact in question. :.
Col. Wilson G.. Nicholas having been
Withdrawn, Maj. Joseph Eggleston express
sed his wish TO be excused from serving.
He observed that after he was summoned
to attend as a grand juror, he had written
q letter TO the marshal, stating his reasons
both of private and public nature, for
wishing not to appear; that private affairs
OF Importance rendered it very inconveni-
ent for him to attend ; and that after read
ing the deposition of Gen. Eaton, he had
felt so much indignation at the designs as
cribed in that deposition to Col. Burr, and
had SO warmly expressed it, THAT he con-
ceived 1t would be improper for him to
serve.
Chief Justice. 1fthe gentleman has for
med and expressed an opinion III this case,
he ought to be excused.
Maj. Eggleston. After reading Gen. EN-
toms deposition, and pronouncihg my Opt
Mon upon it, think that altho' that opini-
on may not De such as might be induced
to form on hearing further evidence, yet it
would be indicate IN me 20 serve.
Col. Burr. IL is fact that from the In
dustry which has been used to excite pre-
JUDGES against me and my cause, there is
little, very little chance of obtaining an
impartial jury. Itisprobable there is hard
ly at this time such a state of society as
would justify such an expectation. From
the righteousness of disposition displayed
by that gentleman, and the candor with
which he has objected to himself, am in
clined to hope that he will be able to divest
himself Of any disposition to Partially. /
therefoe am willing TO accept of him as q
grand Juror, being fully Convinced there is
but little hope that others more impartial
can beiound.
Chief Justice to Maj. Eggleston. Do 1
understand your case to come within the
rule stated by the court, that you have for-
med and expressed an opinion!
Have you ever formed and expressed
an opinion in this case!
Mai. Eggleston. ] had formed an opini-