Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-05-23

to be summoned as grand Juror al the
present term, but having hecn Summoned,
ne had reo,ved to waive all objections N
a personal nature. He regretted that there
had not been energy enough in the House
OF Representatives in Congress to suspend
the writ of hd5eas corhus,-a measure
which he then thought and still thinks the
state OF the country required Upon this
case he was about to pronounce his real im
PreSsions. He meant ultimately to with
draw, but wished to remove certain inn
presslons which had been made.
me chiGJustice observed that two cir
cumStances must concur, in order to dis
quAliiy him rs juror, the one was, that
nc must have made up an opinion on the
case, the other was, that he had declared
that opinion.
Mr. Giles wished to explain the state of
ms own mind. He had made up no opini
on. lie wished, indeed, that the public
mind should he satisfied, and that the true
character OF Col. Burr's transactions should
be ascertaned.
Cof. mason Cary Nicholas was also OBJ
Jecteu 10 by COL Burr, on the ground of
PSrSOhai ehmlty, sufficient he presumed to
oiind inc Judgment of the wisest men
COZ. "fch9las observed, that upon being
sea hlm IN the most forcible manner to re-
lease him. He doubted tile pronr;etv ne
his serving in this particular case, as the
various relations in which he had stood nc
a public character to Col, Burr MIGHT
create some bias ON his mind. That he
was III Congress with Col Burr when the
nomination otPresidcnt and Vice President
was made, which terminated IN an clecti.
on that presented Mr.. Jefferson and Col
burr with an equal number of S. ffrayes for
inc decision OF Congress. When Col, Burr
went 10 tne western country his suspicious
were excited. He gave, perhaps, TOO rea-
dy credit to the evidence which had
TRANSFERRED; but which was not sufficient
TO form conclusive opinion. The marshal
refusing to excuse him, he was OBLIGED to
TO attend He did not choose that wrong
impressions should be made, with resnecf
to his motives, had he been absent Ar
tempts, he said, had been made to int;ni-
date him. He had been told that If he a..
tended as a juror, such representations
would be made of his public conduct as
would be highly injurious TO his fcel,nos
Under ali these circumstances he felt some
dllhculty' He had consulted LAWYERS of
the hrst talents, who informed him that
the court would not, for such causes. ex-
| cuSe him. He felt embarrassment from
TWO considerations the one was that his
retiring might have sanctioned those OH
iJectiohs the other was that he did not
"ish 10 shrink from the performance of A
PuoHC Gutv' But he consented TO retire.
Sof. h"'7' remarked, that the circum-
stahce mentioned by the gentleman, that
attempts had been made to intimidate hin,
were calculated to throw a SUSPICION on bie
/ cause. Snrh a Courca ,,,,.
, by HIM. 1t must have been the work of
some of his enemies. He disclaimed such
conduct.
! Col Nicholas being withdrawn. Major
Eggleston wished to be excused, becaTse
ne mad felt and expressed considerable
degree OF warmth, on reading the deposi-
tlon OF Gen. Eaton; but the court copsi-
derlng that his case did NOT fall within the
rule, and not being objected to by Colonel
Burr, ne was not permitted to withdraw
! Dr. William FOu8hee, on being called.
expressed a difficulty in serving. On a
consideration OF his objections, the CONT
suffered him to withdraw MIR. John Par
dolPh and Col James Barbour, were chen
severally called. These gentleman wish
ed tobe excused, on account of the imnres.
sions which the subject had made ON Their
minds, but their excuses were not deemed
sufficient by the court.
The following gentlemen were then
sworn on the grand jury:
John Randolph, foreman, JOS Eeeleston.
Littleton Waller Tazewell, Robert Taylor'
William Daniel, jr. John Mercer, Edward
Pegram, Muntord Beverley, John Amber.
! Thomas Harrison, Joseph G. CabelI, James
Pleasants, il. John Brockenbrough. Alev-
ander Shepherd, James Barbour, James
| M. Garrett.
The chief justice delivered charge to
the grand jury, in which he enumerated
the several offences cognizablc by them
under the laws of the United States. and
particularly defined the crime of treason.
! Alter the grand jury had retired, q debate
OF some length ensued on proposition to in
struct the jury specially with respect 70
the admissibility Of certain evidence which
1t was supposed would be adduced on the
| part OF the United States. A further dis
cussion of this question, it is expected. will
| take place to-day.
! Inc names Of the several witnesses sum-
| moned IN behalf of the United States were
called over, many Of whom and among o.
| theirs Gen. Wilkinson were absent. Such a :
appeared were recognized to appear ON
this day at / O'Clock, to which heur the
court adjourned.
~ The editor Of the Argus wishes If
to be distinctly understood that the fore.
going IS but mere outline Of the proceed
ings.-The materials already collected
would occupy more than the entire CO.
lumug of any one uP,yeparcr rT,l,c.. ..,:t1