Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-04-03


invisible army is not the Instrument OF war,
and had these troops been visible, some tes-
timony relative to them could have been adj
duccd. take the real sense then Ill which
this term was used to be, that Col. Burr
was raising, or i'm other words, engaging or
enlisting men through the country describ-
ed, for the enterprise he meditated. The
utmost point TO which this testimony can be
extended, is that it denotes future embo-
dying of men, which is more particularly
mentioned in the letter itself, and that it at
fords probable cause to believe that the
| troops did actually embody at the period
designated for their assembling, which is
sufficient TO induce the justice to whom the
application is made to commit for trial.
| | shall readily arrow my opinion that the
strength Of the presumption arising from
this testimony ought to depend greatly on
the time at which the application is made.
| If, soon after the period at which the troops
| were to assemble, when full time had not G.
| lapsed to ascertain the fact, these Circum-
stances had been urged as the ground for
commitment, on the charge of treason, l
should have thought them entitled TO great
consideration. / will not deny that in the
! cases of Bcllman and Swartwout, was not
perfectly satisfied that they did not war
rant an enquiry into the fact. But l think
every person must admit that the weight OF
these circumstances daily diminishes Sus-
| picion NAV deserve great attention when
! the means of ascertaining the real grounds
are not yet posse ssed, but when those means
are, or may have been acquired, if facts to
support suspicion be not shewn, every per-
| son, l think, must admit that the ministers
of Justice, at least, ought not officially TO en-
| terrain it. This, think, must be conceded
| by all but whether it be conceded by o.
theirs or not, it is the dictate of my own
judgment, and in the performance of my
| duty, / can know no other guides.
| The fact to be proved in this case, is an
| act of public Dotorietv. 1t must exist in
| the view of the world, or it cannot exist at
! all. The assembling OF forces TO levy war,
| is visible transaction, and numbers must
! witnessit. 1t therefore capable ofproof
and when time TO collect this proofhas been
given, it ought to be adduced, or the suspi-
| cion becomes ground too weak to stand up
| OH.
Several months have elapsed since this
fact did occur, if it ever occurred. More
than five weeks have elapsed since the o.
! pinion of the Supreme Court has declared
| the necessity of proving the fact, lift exists
| Why is it not proved9
\
eG the important power of prosecuting those
whose crimes may disturb the public repose
| or endanger its safety. 1t would be easy,
! in much less time than has interviewed since
| Col. Burr has been alledged to have assem-
| bled his troops, to procure affidavits esta6.
! fishing the fact. If in November or De
cember last, body of troops had been as
sembled on the Ohio, it is impossible to sup.
pose that affidavits establishing the fact
| could not have been obtained by the last o.
| March. I ought not to believe, and / dc
not believe, that there has been any remiss.
ness on the part Of those who prosecute, on
this important and interesting subject; anC
consequently, when at this late period, nc
evidence that troops have been actually en-.
bodied is given, i must say that tie suspi.
cion, which, in the first instance might have
been created, ought not to be continued
unless this want of proof can be in some
manner accounted for.
1t is stated by the attorney for the Unit
! ed States, that as affidavits can only be vo.
| luntary, the difficulty of obtaining them, &C.
counts for the absence of proof.
] cannot admit this position. On the G.
violence furnished by this very transaction
of the attachment felt by our western for
their eastern brethren, we justly ielcitate
| ourselves. How inconsistent with this fac
is the idea that no man could be found whC
would voluntarily depose that a body o
| troops had actually assembled, whose oh
ject must be understood TO be hostile to III,
union, and whose object was detected ant
defeated by the very people who could Civ,
the requisite information.
l cannot doubt that means to obtain infor
nation have been taken on the part of tn
prosecution; if it Sxisted, l cannot doub
the practicability Of obtaining it, * its non
production at this late hour, does not, in m,
opinion, leave me at liberty to give to thos
suspicious which grow out of other circum
stances, that weight, to which at an Garlic
day, they might have been entitled.
shall not, therefore, insert in the com
mitment, the charge OF high treason. I re
peat that this is the less important, becaus
1t detFacts nothing from the right of the at
torncy to prefer an Indictment for hig
I treason, should he be furnished with the nc
] cessary testimony.
AARON BURR has been admitted to ba
: by Chief Justice Marshall. He is 10 max
' his appearance for trial, in the FEEDER;
4 Court, to be held at the Capitol, in TIN
Y city, on the 22d of May next, under the pC
v nalty OF Ten Thousand Dollars, and tn
following persons we're received as his 81
. curitics, viz John Hopkins, Esq. late Con
= missioner of Loans Mr. Fl. Heth, Of Che
d terfield; Major WIN. Langburne, of Ne
e Kent; and Mcssrs. John Gamble and Thu