Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-06-27

A
consent of .1GroA Burr, the request of the |
grand jury would certainly be complied !
with. |
Cal. Burr then rose, and observed that
the letter had been written to him coi.6-
6sHtiaIiy by Gen. Wilkinson that his no.
nor forbade his hetraying, on any conside-
ration, 4 confidential letter: he knew not
whether, IL reduced 20 Gte iaas r.rtre01ru,
IN what situation or circumstances he could
6e placed, 'a which he might be tempted to
conmit sach Il sacrifice IF honor 6ut,
Hceorftf"S 10 Ais f''csent imErcSSioNS. no
thf"e c1u(i iSidUce finn 10 consent TO "a!
Tie Chief Justice suggested a question
whe,her a person indicted for treason, but
n0t c5aUicted, might not be a witness Il
galust other persons, without being conf
pciied Co criminate himself
lii. 9&o~tin contended there was no im-
proprietv in it; that person indicted was
a c0H'he's'lt witness, and the jury were to
judge Of his credi6IGfy q; that, therefore,
there could be no objection TO Col. Burr's
being sent as witness to the grand jury.
Mr. John Randolph observed the grand
juvy mad been misunderstood they did not
want -3droa Eur IS zgifness! they OIL
iy wanted The paper for which they had
made application.
The Grand Jury retired :-shortly after
which Nh. HsRae informed tie court that
Gea. Wilkinson had instructed him to de-
clare his cheerful assent that the grand
jury should be furnished with the letter
from himself to Col Burr, which they had
requested that he absolycd Cot Burr
from any ties of confidence under which he
might suppose himself to be, and was will
| ling and DESTROYS that the whole of the
correspondence between them should be
laid before the world.
Col Burr, then said, chat, after this no.
LITIGATION, he would have no objection 10
Producing ne letter, II it 7cGs IN his Pos
session! BAT thGt IL 7rGs or Of his nos
| sion, AID GsH IHLSiHscn k;,ezv it
! Mr.. Ef'RGe wished the conrt to inform
the grand jury that Gen. Wilkinson had
consented TO the letters being produced.
On this proposal a short conversation en-
sueI; IN the course of which Col Burr de-
! ciared that, rs he did not like to trust himself
with the possession of the letter, but fear
ed he might be tempted to use it impro-
perry, nc had deliberately fut IL our o1his
I C79n f079e7', III me presence Of a gvitlsess
md TIA this circumstance was known 20
Gen WIZ mson!I
ne Ch7ef Justice communicated in
, writing 10 the grand jury the consent,
Which had been signihed on the part of
Gen. WIKI nson, and the reasons. ASSIGNED
by Coi- Burr for not producing the letter.
Ffr. FGY, having finished his obseryati
ons on che subject OF the nro,,osed attach
ment, was answered by N1essrs. Wickham
and Martin. The speech of the former
was extremely ingenious and zritfy; and
that OF the latter very 7vittY and ingeai
oHS, but intermirgled with furious decla-
nation against Gen Wilkinson and the
government q! the United Srates. They
BOTH tu'y proved Ihat great LAWYERS can
argue ".ih ability on any side If anu gues-
nor, aud can, with the greatest facility.
make, Cat east for The moment the worse
apPe+r the better cause.
Wh!ie mr.. WleS45am was speaking, the
grand jury again came in; and informed
me court that they had prepared several
IRE sENTMEHTs, which were eccordinglv
read By the clerk. The persons presented
were JONATHAN DAYTON, formerly Sc
! major IN the Congress of the United States
from the state of New-Jersey, JoHN SMITH
at present Senator from the state Of Ohio.
COM FoET TYLER and ISRAEL SMITH,
! ia'e of New-Yorh, and DAVIS FLOYD, late
Oh the territory OF Indiana 80 for TRFA-
so" against the United States, in levy
"lng war against the same, at Hammer
hassett's Island in the county of Wood.
Con the 18th day of last December
a question then arose, whether II was
necessary to draw indictments In pursu-
ance OF the presentmeuts. The peculiar
situation OF one of the grand Jury CMr.
! Robert Taylor Of Norfolk, in Whose. faioi
~ the distressing event of the death of his
! wiie'S father has lately happeneC.) Undue
ed them TO be very DESTROYS of being dis
| charged immediately, if the court could
/ 10 1t with prcpricty but. at length, il was
! agreed that the attorney for the u. States
should draw the indictments, and Law them
| before the grand jury, at 9 O'Clock, on the
following morning.
| mr. Martin having ended his discourse,
the court pronounced no opinion The
motion for admitting Col Burr to bail was
( not renewed; hut some observations were
made BY Mr.. Bolts on the propriety of is
SUNG writ of habeas corpus daiiv, for
the purpose Of bringing him into court
sud we understand that such is to be the
! course pursued.
mr.. Hay gave notice, that, on the nezt
day, he should move the court for a pe,ire.
and wished the day of trial 20 be then FIX.
ed he observed 1t would be propey for
the court 70 decide whether the venire-men
should be summoned from the county of
! Wood (where the treason was charged to
have been committed,) OF from the body
OF the district. The act Of Congress ORR
ginaliy directed the jury to come from tho
county where the offence was committed I:
but one OF the amendments TO the copstitu-
ton OF the y ). appears to render il suffi-
Gent to have Jury from the district at