Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-06-03

and we cannot submit To a course which |
should further invest the public mind with |
the poison already too plen5ifully infused. !
The persecution ofCol. Barr has hithcr-
Co been without check. The seizure of
his friends, his papers, and his persona
the activity of the satellites of power "a
gainSt him---the use OF the low engines OF
a military dcspotism IN different depart
mentS of the territories OF the United
States---the total disregard of his rights
and all law, in bringing him hither, ought
TO end the list of wrongs % which the
country has to complain. 1t was rumored
that he would not appear; but he has APP
peared. He came Oh Friday, OH Saturday,
and an Monday; to meet his accusers. lie
did not ask one hour. The government
has had the ;ime and means of preparati-
on and they ought to have been prepared.
Yet our purpose was to await the pleasure
ot the prosecutor, unless that pleasure
should be found too oppressive. We are
told now tho that the Indictment cannot
so up, and that in the mean time an inGui-
sition must DC held.
L will not weary out the patience of the
court 1 sit down in anxious soiioitude
that the success of the meJion may not add
to the catalogue of Col. burr's grievances.
The Chicf Justice supposed that il was
intended by the counsel for the l.. States to
open The motion more fully.
Mr. Ray did not suppose that doubt
could have existed as 70 the power OF the
court to commit. He, therefore, saw no
necessity for opening the motion more fully
than he had done. The general lower OF
the court 10 commit cannot be questioned.
l. gentlemen say thas it cannot be exercis-
ed IN the present case il is incumbent on
! them 10 slew it,
/ Mr. lPickhum. 1t would certainly have
been an accommodation to us, if the gem
tlemen had given us notice OF their intend
cd motion. We come into this discussion
completely off our guard, completely I'M
prepared; and it may be presumed that it
was merely an omission in the opposite
counsel not to have given us notice Of the
motion they intended 10 bring forward {:
because it was Distinctly undlratsod that
| II any specific motion Was 10 be made
on either Side, timely notice of the ma
'ture and object Of such motion was TO be
given. lam sorry that they have departed
/ iTom this agreement in the present instance;
but II have not forgotten every principle
OF law, that ever learnt, or every prinoi-
/ PIE OF common Justice, this motion cannot
! be SUPPORTED.
Mr. Hay. The gentleman will permit
me To set him right. lie might have re-
led upon my candor, that when / was a.
| bout to lay my indictments before the grand
Jury, ] would have given him timely no =
tice of my intention. They might then
have moved for the instructions 70 the ia
! ry, which they are So an&ious to obtain
ais was the only understanding between
as on the subject; and our agreement ex-
I tended no farther; much less to the par
tcuiar case before the court On the O.
ther hand, there was very strong reason
against our making this communication.
teel no hesitation, sir, in assigning this
re son; hope that it will wound neither
nc feelings OF the prisoner nor of his coun-
sci did not intend to have laid it be-
tore the court but / now conceive nv.
sell called upon To be thus explicit. The
TACT is this, Mir. Wilkinson is knswn to be
material witness in dis prosecution. His
ARRIVAL IA Virginia might be announced in
this city, before he himself reached it.
Go not pretend 10 say what effect it might
produce upon col. burr's MUD but GER
family eel B. would be able to effect his
escape, merely upon paying the Iecogni-
Idnce OF h's present bail. My only OBJ
'cct then, sir, was to keep his person safe,
until we could have investigated the charge
N treason and really did not know, but
that If col. Burr had been prev iousiy ap-
prlsed OF my motion, he might have at
tempted to avoid it. But ! did not FRO
mise to make this communication to the
opposite counsel because it might have
defeated the very end for which it was in
tended. have said the only pledge gave,
merely related to the indictments to be sent
up to the grand jury.
Mr.. UickhGm observed that after this
explanation, he must suppose that he had
Inexperienced the extent of their agree
nent. He knew the gentleman too wen to
think that he had Intentionally misled him.
But what he could think of the motion
he had made II was strange episode
which he weaved into his tale. 1t NAV be
good poetry, indeed, but it was not GER
tainly proper matter of argument. Eve
~ man who hears me, every man who
has ever read on the subject, must know
what are the feelings which dictate these
suspicious Of col Burr. Some mortifcati-
on was felt by his enemies mot that the
attorney for the u. S. himself ever felt it)
that me did return here for trial But here
col. Burr is, as he always 7WU be, ready to
face every man who dares to say any thing
against him. The gentleman will not open
his case; and why Because, when he has
heard our arguments against his motion,
ne may come ont with The adverse arcu-
meats against US. IL they donot choose to
open their case, we hope the Court will
grant US tie right Of concluding the argu-
mCnt.
Here a d.suItOrv copversaiion ensu.d