Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-02-04

court rose for half an hour--when Mf.
Lee spoke agains.the motion TO comm's
Until half past ten o'clock, at when hour
the court adjourned until the next mora
ing. :
number OF additional authorities and made
so me further remarks.
Mr.. Rodney then closed the argu me ut
10 speech Of about an hour anda nall 10
length.
The volume Of matter adduced On this
occasion was SO ,reatthat scarcely of'eI
outline of is can be. expected at present.
We shall content ourselves WI toaoning
on the mot prominent points.
The counsel Of the aacused consended
that the messages Of the president, on th's
occasion, were not eatiE!rd TO the least al
rrntion, however worthy OF regard by me
legislature TO whom they were addressed.
or generally by the people, they could
nor.ln case that required legal evidence,
be of any avail. Iha. if, however, the
court should be of different opinion, they
Notwithstanding would be io0sd on exA.
mutation to. BE- destitute Of any sPrclhc
facts which justified the opinion tina. any
act Of treason had been committed by Aa-
ron Burr, and much less by. the accused.
THAI they in fact established the commls-
sion Of no crime whatever, and hat at any
rate the .onl, offence which cca!d be charg.
cd with any color, was the making prepare.
tlons ior an enterprise a2a'ast ihe province
of foreign nation in amlty witt, the u.
S. The 9Th article Ct the afnendm enss
10 the constitution says" ine right OF
the people 10 be secure in their persons,
houses, papers and effects, against onrea.
sonable searches and seizures shall aot
be viola,ed, and no warrants shall issue
aaf upon probsb!e cause, supported by
naih or aairma ion, and particularly &c.
scr'blag she pIsce to be searched, and the
persons or thipgs TO he seized."
In thi, case there was no probable cause
supported by oath or aaismation and
therefore the messages # tn president
were en,isled to 20 weight in a court ct
justice
W,tb regard 70 the dispositions of gen.
w ikinson IL was aedgrd that they were
totally lcadmlssibl= in court Of jcstice.
hey were taken before individuals who
declared themselves 60 BE- JUSTICES OF the
peace, ct which fact however there Was
no evidence which could be legally rsce.v-
ed. Such papers uniformly required
Ger ihca,e OF sathen,icaiion, proving that
The magistrate was dnly appointed. This
objection was therefore fatal 70 the recep.
ton OF these paptrs as testimony, Ii
was besides an established pyincj ple Of crit
NINA! Jurisprudence that none other snan
the magistrate who examined the accused
was competent 10 arrest hnl
Bot gwen it dis lnsuptsable objection
was oyer-rulrd and the dispositions r.,
ceived az testimony, i. was conteaded
that ,hev did aos establish he COMMISSION
OF single overt art ot treason by Aaron
B"rr, much trss did they estabilsh The ipn
phca'ion Of The accused in any such act.
The counsel 90 the par. OF the psosecu.
ton, main.alsed that to certain extent,
IN the lncipieat stages ct prosecution, the
intafmauea contained 10 the messages Of
TIC presidents meiitcd credit. Being, as |
10 the d'scharg. of certain duties, the
h'gaess organ # the governmsn,, special |
y eatrasled with the preservation of the
pubic peace, and with ,he command OF
the armed force, obliged aader the ssrc-
ton OF an oath ia, discharge these duties
and To give lDfornasicn to congress OF the
a.e OF the uaion. 1t mast be presumed !
thai ne woeld not iigaty make knowa to
sonable nature, or cal, ous the militia [
without the existepce Of serious danger /;
and thai consequently has communications, |
connected with other circumstances, con
spifsd to establish the byotub}e cause re.
CURED under ths constitution far arrest or