Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-08-15

OF the act probable, and slighter testimo- |
ny IN that case sufiices to satisfy his mind |
that III many cases the whole question is |
about the intention !; the act being notori- |
GUS; that IT the opinion of the majority is !
to be the criterion of importantly, law
books need not be studied; but it would on
ly be necessary togo about 20 public meet
ings to discover the general opinion, and 10 !
compare withit the opinions Of the venire
that II the public opinion was that Col |
Burr was guilty OF treason, this doctrine |
would prove too much since it would |
prove that those venirc-men who declared |
themselves convinced of his guilt were !
good jurors. But be denied that such was |
tie opinion of. the majority of the people.
hsto judge Chase S opinion in CailcndeI's |
case concerning the admission of John Bas-
sett to serve on the Jury, MIR. NVickham
declared that opinion not to be law; since
eightcen Senator's, in voting on the inn
pcachment of Judge Chase had SO pronoun-
ced il, by voting him guilty OH the Sd ar
hcie impeachment, which related 10 that
subject; and even the sixteen who voted
"hot guilty" mightev every man have disap-
proved oil the opinion, tho they believed it
not to have been delivered from corrupt
motives. But in his own Judgment, that o.
pinon ought to be law because the d, cIa-
ration made by John Bassett was only Oh
an abstract p int; that such book was a
noel; not that Calender was the publish
er.
The Ch;ef Justice delivered the opinion
OF the Court, that it the ven.rc man belev-
cd tic prisoner guilty OF TIC reasonable in
tentions charged in the indictment, and of
retaining those intentions up to the time
Wien the treason is stated to have been
committed, he was not a good Juror
IL rronouncing this opinion he observed,
that the law is very watchfu that a man
WHO'S even the most distate relation of a
! party should not be a Juror This is be-
cause the law apprchends bias on his mind
to be hoSSibie, Surely then, where bias is
actually e2isfiHg, the principle applies
with greater force.
He admitted that cases may exist where
! there is necessity to take Jury under
some bias; on the ground that there is AN
impossih;lity to find any person not prepar-
ed TO give an opinion of the fact: but this,
said he, is not such case. He observed
that any SHshf impress Oh would not be suf-
hclent TO reject juror that the rule de-
pended on the strength Of the im4rssSfon,
and the source from which it was derived.
liza juror believed the accused guilty, from
facts within his oy.n knczUieGec, this did not
disquality him because his belief was
founded on evidence; and not OF Nrtyn-
dee. But the forming an opinion against
the prisoner on mere rchort OF ne7USHoher
IFnoHcaEto'tS was proof Of frcjUdice, and
ought to be sufficient TO set aside the Juror
he took view of the case also in its re.
verse; and said, suppose the venre
lWefe on opinion that no reasonable intentI-
on had appeared to the public, OF that, if
Col. Burr had once entertained treason
abe. intention, nc had since relnquished it !;
would they be fair Jurors certainly not. -
AS to the point which occurred in Calien-
; ! uers trial, be observed that, Bassctt having
read the book, it was only the case of Ter
? son giving his opinion upon evidence before
! him but if he had not read it, but had for
med an opinion concerning it only from re-
port, the objection to his being on the jury
would have been much stronger.
| Inc court having thus established a rule
) by which the admissibility of the several
: venire-men was to be tested the gentle
men concerning whom TO decision had Ia
/ ken place the day before) were again cali
ed over and questioned viz. Messrs John
Horace Upshaw, John Bowe, Miles Selden,
Lewis irueheart, William Yancey, Tho
! mas IL. Prosser, Nathaniel SelGen, John w.
!; Ellis, Armisiead Thompson Mason and
Dabney Minor; and were all rejected. on
) the ground that they believed the prisoner
guilty of the reasonable intentions charged
IN the Indictment, and to have retained
them up to the time when the treason is
: charged to have been committed on Blau-
nerhassGts Island; viz, on the 18th Of De-
cember last.
Mr.. Hay then moved for a tales de cir
cumSfdntiGH8 and observed that Hawk.
! 4O8, laysit down that the tales may be gran
ted for larger eUen number than the FIRST
PANEL contained. lie proposed therefore
a large number TO be summoned and said,
were II not for the expense, he would re-
: commend as many as FIVE hundred.
! Col. Burr objected to this and said that
) Judgment of the state of the public mind
: with regard to him ousltnot to-be formed
, from the old pannel. lie hoped it would
be eXemplihed that 7vhen an officer shaH
honeSflV md diligently 5eck far honest and
t"I'arhaL men, they can be- /5und.
Mr.. mr. declared that the pannel con-
sisted ofmost respectable citizens that the
I court could not suppose they had been cui-
= fed the character Of Maj. Scott (the mar
shal) for honor and integrity forbids such
; an idea. The court therefore might Judge
from that pannel of the general opinion Of
, Virginia.
t Mr.. Uickham said that tho marshal, he
= doubted not, had acted Ufy{gfkIy, but ne
t vertheless, fnJudicioVgiy, in summoning
: men who were generally in public life, who
e were seeking Offices and depending on po-
pular favor that, ifcharacters Of differ