Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-02-17

on to convict, or acquit the prisoners, with
out recoliecting that we are at that stage
where, in the language of the constitution
probable cause supported by oath or affida-
Wit, is sufficient. This remark is necessa-
ry to shew that many of the conclusions of
counsel are incorrect. In this incipient
state, the evidence is always &c harte. and
| UGH as would he inadmissable at the final
trial. A warrant goes forth to apprehend
and afterwards to commit, on the sugges-
ton ct an individual, supported by oath,
that crime has been committed. The af-
hdavi' is made in the absence of the sup
posed offender, and no more certainty is re-
CURED than probable cause. Bv law u
5. vol. 1. p. 100, there must be the confess
sion IN open court, on the testimony of two
witnesses to the same overt act, to convict
one OF treason-Whereas probable cause,
supported by oath or affirmation, will au-
! thorise issuing warrant. In no case,
! whether criminal or civil, is an affidavit
evidence at the trial; because taken in the
absence OF the party against whom it is in
tended to operate and yet it has ALWAYS
been considered as sufficient to Justify issu-
ing warrant to arrest
these enquiries obviously occur: LIST.
is there probable cause to believe that any
treason has been committed against the u
states, and this supported by oath, sc.
I'd. Are the prisoners implicated in the
treason! And Sd. How, whether as prin-
cipals, or only guilty of misprison of trea-
| son
That there is probable cause to believe
that treason has been committed by colonel
Burr, the public rumor and universal a.
farm which seems to have convulsed our
country from the extremity to the centre
| the Presidents communications to Congress-
and to the court, afford at least ground of
suspicion, and this is supported by the po-
sltlvc oaths of gen. Eaton, gen. Wilkinson,
| Mr.. Donaldson, Mr.. Meade, and Mr. Will
son, all going to shew the origin, existence
and progress of Burr's reasonable projects
and acts. But here the counsel tor the pri-
soners have insisted that none of this mass
OF evidence eliminates b. and have contend
ed that the Presidents communications are
lnadmissible. 1t is not generally by de-
tached parts of evidence, but by a we'll con-
nected chain of circumstances that we ar
rive at proc; nor can crime be made
out by the proof of anv solitary fact In a
Charge Of murder it would not be sufficient
to shew that blow was given from which
death ensued; but it is necessary to prove
and disclose particular state of mind
| here must be deliberate resentment, or
Ill will there must be malice prepense.
SO IN treason (the case now under conside-
ration) no degree of violence, however a.
trocious, no enlisting or marching men no
injury, if limited in its object to personal
rlvalshlp, or even extensive enough in point
OF locality to contemplate and threaten the
opposition and destruction of the laws or
government of any one of the u. ). will =
! mount to treason against the u. 5. Ills the
intention alone which fixes the grade of the
nfiHnHsa tnfn . L.. 4
lected from CircumstanceS-and though
the communications of the President do not
of themselves furnish full evidence of BIS.
treason against the u. S. yet they must be
considered entitled to some weight in lead
ing to the conclusion that there is probable
cause but when i'll addition to this, it is con-
sidered that the most solemn obligation rs
imposed by the constitution on the Presi-
dent TO make communications of this nature
to Congress, and that he has also i'm further
discharge of his constitutional duties order
ed out the militia, which on ordinary and
| trivial occasions he is not iustifable in do
ing, person must be strangely incredulous
who Will not admit that there is probable
cause of suspicion that dangerous insur-
rection or treason exists i'll our country. A
report thus sanctioned by duty and oath, if
| made TO this court by one of its officers.
would be respected, and why shall not a
! communication from the first executive Of
! hcer of the Union be credited, when he an
nounces to the nation information i'm the
line of his duty But this general ground of
alarm is rendered more specific by the affi-
davits which have been exhibited to us. If
the persons who have been sworn OH this
occasion are to be believed, land no one
has yet questioned their credibility) they
| prove a scheme laid by Burr to usurp the
| government of the u. $. to sever the wes-
tern states from the Union to establish an
| empire west of the Allegheny mountains,
| of which he, Burr was to be the SOVEREIGN.
and New-Orleans the emporium, and to in
wade and revolutioniSe Mexico That in
| prosecution of those projects he wrote let
| ter to gen. Wilkinson, the commander in
chief of the American army, with the "a
| vowed object and design of alternating him
from his duty, and inviting him to embark
III the undertaking, and holding out to him
the most flattering and sanguine assuran-
ces and prospects of success. Horrid as
this attempt was, yet if the Information
| had reached no further, j should have no
hesitation in saying that it would have been
nothing more than conspiracy to commit
treason, or some other offence. But when
| Burr assures Wilkinson that he had obtai-
ned funds and actually commenced the en-
\ terprize that detachments from various
points and under different pretences would
| rendezvous OH the Ohio, the LIST of Now
that his plan was to move down rapidly
4 fror, ehc E.IIg Tho 1 st6 NJ, ,,:.L