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

vigatesth coast from Ne,s Orleans 10 Norfolk
IN three weeks-I contend, however, that wit
| nesses ought TO be procured fro-, the very time
| when the crimes are said 20 he committed. There
is then no apology for the delay of the prosecu
ton. as far ash, respects the only person for whom
! an apology is attempted to be made.
There are other serious objections to my stu.
alton Must l be ready to proceed to trial
True, sir, but then it must be in their own way.
Are we then on equal terms here |! Certainly
not.
And again as to affdavits The u. S. can have
compulsory process 10 obtain them but have
no such advantage. An exparte evidence then
is brought before this court on motion for com.
mitment. The evidence on one side only is ex-
hibited. but if had mine also to adduce. it would
prosahy conirsdi8 and counteratt the evidence of
the u S. Well, sir, and these afiidavits are put
into the newspapers, and they fall into the hands
of he grand jury. have no such means as these,
strand where then IS the equality between the
government and myselfl
The opinion of the court too is to be committed
against me Is this no evil
A sufficient answer, sir. has been given to the
Argument about my delay and It's disadvanta'
gss TO myself have been ably developed. Butmy
counsel have been charged with defamation a.
ga inst the government of the u ST. certainly
sir. shall no, be charged with defamation. But
surely it is an established principle, sir, that no
government is so high as TO be beyond the reach
of criticism And 1t is more particularly laid
down, that this vigilance is more peculiarly ne
esssary, when any government Institutes = prose-
cution and one reason is on account OF the vast
Incorporation Of means which exists between il
ard thc accused. But if ever there was a case
VIII CHI justhsd his vigilance, ii is certainly the
nesel, one, when t! e government has displayed
such unconmon activity. If then this govern
uent has been so peculiarly active against me, it
Is not improper to make the assertion here, Tor
The purpose of increasing the circumspeaion of
the ccurt
MIR BUR- observed, that he meant by per.
secution the hauass:ng OF any individual oontra.
~ 10 the forms Of law: and that his case unfor.
tunstely presented 700 many instances of this de-
scripIion. He would merely state a few of them.
He said that his friends had been every where
seized by the military authority; practice
truly consonant with European dsspo.isms He
said that persons had been dragged BY compulso-
ry process before particular tribunals, and com.
PEELED TO give testimony against him. His papers
too had been seized And yet in England where
say they know nothing Of liberty, gentle
man who had been sei2ed and detained two hours
in back palor, had obtained damages to the a.
mount of 1000 guneas. He said that an order
had been issued 10 kill him rs he was descending
the mississippi and seize his property, And yet
! III
been formally condemned for treason. He said that
even post Offices had been broken open, and rob-.
bed of his papers that in the Mississippi terri.
! tory, even an Indictment was about to he laid a.
gainst the post mas er that he had always taken
This for a felony but that nothing seemed too
extravagant 70 be forgiven by the auiiable moral
ny OF ihis government. All this, said Mr.. Burr,
! may only prove that my case is solitary excep-
ton from the general rule The government
I he L
me. IF so. 10 be sure il is Of little consequence
10 any body but myself-but surely may be ex.
eused If complain little IF such proceedings.
Mr. Burr said. there seemed to be something
| mingled in these proceedings. which manifested
n more than usual inclination to altaia the ends
OF justice As far as il related 70 himself. per.
| haps, these things were of no account-but wha,
was then to BE said of those and other meaywes
such as the suspension of the habeas corpus a61
which concerned the whole nation If in the
island of C Britain, such measure was calcu
! lated to produce so much disturbance what Kind
| OF sensation oughI it 10 produce in this country
Our president, said Mr. b. is lawyer, and 3
great one too. He ceriaiRly ought TO know what i
IS thatconsttn,es a war. Six months ago he pro
claimed that there was civil wSr-S< yer for 81 )
months have they been hunting for it, and sill
cannot find one spot where it existed Their,
was TO b. sure, most ter ib.e wasin he newsi,a
pers but no where slse.-When appeared Def Y,
the grand j.ry in Kenucky the had no charge Il
bring against me--and i was consequently dis
missed when appeared for = second time be-
fore a grand jury lin the Mississippi Territory
there wa. nothing 10 appear agains, me--and tn,
Judge even told the u. s. attorney thar if he die
not send up his bill before the grand jury he him
self would proceed to name as many of the wit
nesses as he could-and bring it before the court
Sill there was no protf Of war. At length, how
ever, the Spaniards invaded our territory-an,
yet there was no war. Bur. sir, if there was
war, Certainly no man can pretend to say that h,
gove.nme is able TO find out. The scene {,
which they have now hunted ii. is only 800 mile
disiant-and still there is no evidence to prove
this war
Mr. Burr requested The court TO consider III,
consequences which would now result from :
commitment for treasOn-tha, If he were bount
now. the law of VI ginia declared that he shoul,
so remain until the next term that this della,
was the very Inconvenience he would wish TO
void-and that he presumed he was TO remain il
prison Blk months, until they could find out thi
war
WEDNESDAY, June 3.
Mr.. Hay expressed a wish that tn,
grand Jury might BE- brought into court
as he bad determined, after . consulla