Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-06-26

presented this common wealth. - 4
criminal prosecutor 6r so years. Ind
never known singh bne to Justify This
motion; that howtssrtrue il might be,
that the state Of Vfsinis was now oE
smaller extent than As Whole Of the Us
| S. vet that i was thu cut M into small
judicial distrietsas Ae u. S. &c presene
are, and that the wi.teasss ID d criminal
prosecutions might iare been Scaftered
over those districts, d ,hsy are said 90
be in the present circumstances that
Mr.. Randolph, hsdfepresented NOT one
of those dissricts, BIZ the Nhnle. not On.
" on this side 81 thi mouhtains, but.be.
You'd thsfnss a1A . do nSilltivpted
region Of Kentucky, where travelling
was at that time liable 80 many dificul-
ties, and from which Il was 90 extre me-
ly laborious to transport the Witnesses
to this side Of the mountain that it was
not until Kentucky had been mote thick
" populated, a particular court had been
established there. And what 10 the case
in England and her dependencies Ger.
tainly that island IS not equally extensive
with the U. S. but her subjects may at
all events be scattered over the world.
Why then !. there no precedent in that
country! Is it not possible that a man
might happen to be Is far from the Court
Of Kings Bench, \ Gen. Wilkinson is
from this court! And yet there is NO
precedent to Justify this motion. :.
WHAT'S the crime Il is Of so tittel
importance that this court, upon this
production Of every little affidavit should
consent to hear new motions fot a com.
mitrnent This crime is Treason it
Is "a levying ,nf war" against the u. s.
And where is the proof of il! Where
was Col. BIS forces WAS his army,
like that Of Baye's, kept in disguise !
Wilkinson's testimony cannot establish
this fact for it is the opinion Of the C.
Justice that his affidavit doe. not at, al
bear upon this subject; and yet two
month. have since elapsed, and no test.
mony has heen eolleeted.-Wilkinson,S
deposition eontainsan improbable myste-
rious tale, about Key and CIPHER ;
Mr.w. said that h. would not at present
expose this transaction but does ibis
MYSTERIOUS tale constitute treasonS
i" You, air, have lready decided that
there is no treason, in Wilkinson's de-
position; but werethe man himself in
cour, what could le establish further
than his deposition can do!
Mr.. Hay Il satisfied, that he has srf-
6cient evidence 70 convict Col. Burr.
No man doubts Instability, or his ineli-
nation to dischargehis duty. Why thsn
does he not lay his indictments before
the Jury! Because there happens to be
q man III Newt Orleans, and one perhaps
id the East Indies; and therefore to
make assurance doubly sure" he; must
wait for their appearance. And all this
too, whilst the gentlemen most serious-
1y protest against oppression and delay.
Tho the gentlemen may not Be eonscl.
GUS Of such sentiment their must still
be something like it in his heart But
Whatever may be the motive. the resule
to ourselves Is tha same. II produces
DELAY, and all its consequent oPPFsssi-
ous.-No court should sanction this
proceeding. This case IS like that Of q
man whose cause stands FOE trial, When
Subpcnas after Subpenas have been is
sued when sums after sums have been
expended; he move. for a continuation
Of hi. suit. At the very same time he
insist. upon the sui6eieney Of his svi-
dence. Surely the court would rule
him to Trial. .s., =.
WHY i. not tho attorney fot the u. S.
ready for Trials He has indeed made
a computation Of time to show that
| wilkinson could not have been here
| before this period and he has b~sides
introduced an affidavit to show that an
express wa. on his way to Orleans to
give him an early summons. There is
however, nothing in proof tina, the
drawer Of this affidavit was not imposed
| on BY this express or that the express
himself was not mistaken as to the con-
tents ofhis dispatches. And how stands
I a .>...s,,, n ~ efx.ne The p0Se