Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-12-08

/ Those who can believe that ven had faith
in the correctness OF your own reasoning,
| and that the true point of time, at which
the necessity of proving the fact at Rich
mond (and from the late period of which
you could not reasonably have expected, or
legally requested the production of proof
of the assemDlage) occurred, never pre-
scented itself to your mind, must feel more
contempt for your understanding than I do
for your principles. They must do you the
injustice to suppose that your head is az
weak as your hearts, pTcked.
But there was no necessity that your
mind should be tortured, to make this dis
covery.. The true point of time was adj
ver;ed to by Mr. Hay, and Mr. Rodney in
their arguments. This must convince the
most incredulous, of the illegality and par
tial tendency of the demand for proof of the
assemolage. There could be therefore no
unintentional forgetfuiness of this material
circumstance. You must nave "renem-
bered 10 forget" 1t.
Bat the most sceptical shall be convinc-
ed--that there was an asseinhlage, is most
true, 1t has been proved that it happened
| a cnnsiderab, e me previous to the examl-
nation, and was therefore cQfiabie ofhroof
ar fhe Eiace 7viiere the eUiaence 7vqs. ar
uNs
Why then was it not proved on the exa-
| mination az Richmondy Not because there
was any Circumstances" on the part of those
who prosecuted, for you have said, "I
ought not to believe that there has been "a
ny remissness on the part of those who pro-
secute." Not because it did not exist-for
| Its existence has been proven Not be-
cause it was not reasonable for the Cha
racter of the assemblage, wnethertreason.
| able or not, was matter of subsequent en-
quiry and determination.
| will again answer for you without fear
! of contradiction. 1t was not proved, be-
cause to prove the assemblage at the time
the examination took place at Richmond
| was impossible. You VIII not dare to as
,ert that the attorney for the u. States
would not have exhibited the proof OF the
| assemblage, which has since been introduce
! ed, had ne been possessed ofthat evi.iehce.
| In a part ofyour your opinion, you say,
a. ! will however, briefly review the ar
| rHmentS z5kick haze been urged, and rho
facts no7p before me, in order to shew more
clearly, the particular operation they have,
on my Judgment
| Now, sir, Will you point out that part OF
the opinion, VIII ch "reviews" the testimo-
nv OF mgJor Perkins, relative to the time
of arrest? Where doyou mention the ar,
gument Of Mr. Hay, grounded on the fact
that 80 the government could not have beer
| apprized Of the fact [of arrest more thar
ten DAYS" previous 10 the examinations
! In what unseen, hidden corner of the Oh N
ion, do you state the g part cular opera.
ton" of this argument OF Mr. Roaney O,
q" your jul nent" g In the short tim,
which has elapsed since the apprehension
Df, 81 L II he.
possibility of getting the proof, which hi
counsel contend is necessary" There is
careful, cautious omission of any Greyiew'
of these observations, and arguments of tn,
counsel for the United States, which iusti
hes not only suspicion, but belief tina
you kne5U Iyhat their 7oeisht ought TO hQD,
been and that, if they were stated in thu
opinion, therefore must have been &C
know edged by a different decision. The,
would, too pla My, h We answered YOUR de-
mand for positive proof of the ;.Ssemblage
II would then have been manifest to every
man, that you had required the perform.
ance of Impossbilitles and that you efu.
sed TO insert, In the warrant of commit.
ment, the charge o. treason, because the
executive could not produce positive proc
of thai, which you had admitted, to have
been already proven sufficiently, to induce
you TO commit the accused on that CHARGE
Common sense, and violated justice, CRY
aloud against such conduct; and demand
against you the enforcement of those laws
which you refuse to administer.
LUCIUS.
Mark the sothi8try of the sentence
Here il is taken for granted, thar time no
oniy 10 collect, buttO produce, The eVidenc,