Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-04-03
VIRGINIA ARGUS.
r l c II M o N d {:
FRIDAY, APRIL 2, 1907.


E---==-------
ON Tuesday last, the Examination Of
Col. AARON BURR before the Chief Justice
OF the United States, which had been COM
mencei In private the day before, was
publicly continued at the Capitol.
Between 10 and II o'clock, very nu-
merous audience were assembled, and wait
ed some time for the person accused (who
haa been admitted to bair to make his APP
pearancc in conformity with his recoqn;-
zance. Atlength Col: Burr presented him
self, and apologized for not attending pre-
cisclX at ten o'clock declaring, with an.
parent emotion, he had misapprehended
inc hour appointed, and was much morti-
hea thas the circumstance had happened.
ne prosecution was conducted by Gaze
sar a Rodney, Attorney General for the
United States, and George Hay, Federal
Attorney for the District of VIRGINIA The
prisoner was defended by Messrs. Ran
dolph and Wickham.
ASA report is now preparing for the press
and will be Published in a few DAYS. Of the
arguments of Counsel delivered on this oc-
casion, and OF every material circumstance
reia.iVc TO the case, we shall not attempt
TO give detailed account of the sDeecbes
pronounced, which were uncommonly able
and eloquent but shall Content ourselves
WIN 3rlehy mentioning the grounds con-
tended for on both sides.
On the part of the prosecution NJ R,,,,.
was charged--1s., with a high misdemes-
nor IN preparing and setting on foot a mi
litary expedition against the dominions of
Spaln, country with which the United
states are at peace. 2. With treason a.
Sainst the United States in having assem-
pea forces tor the purpose of Selling the
Sty or New-Orlcans, revolutionizinp that
territory, and separating it from the At
lantic states
In support of the first charge the affida.
Wit OF Gen Wilkinson and the disclosures
made to him by Bollman and Swartwout.
were relied upon as sufficient proof. To
establish the second it was commended that
on motion for commitment full proof was
not necessary; that probable grounds to
peleve the prisoner guilty were all that the
United States ought to be required to pro-
ouce' particularly under the peculiar cir
cumstances CT this case and that the stronp-
est probability existed that overt acts Of
treason had been actually perpetrated bv
Col. Barr. The testimony of Gen Eaton
was commented upon with great force as
proving his traiterous intention. His fight
from Justice in the Mississippi Territory.
MS being apprchended on the Tombigbec
| river III the neighbcurhood of the Spanish
settlements, and his attempting, on his wav
| TO TINS place, to appeal TO the civil authori-
| ty, IN the state of South Carolina, where
no evidence could have been produced a.
galnst MIN except that of Perkins, the man
who had him in custody, were adduced as
| important circumstances to prove his guilt.
On the part of the prisoner it was insist
ed that every man is to be presumed inno-
cent, until his guilt is established by legal
evidence; that an overt act of treason oueht
] TO be proved to have been perpetrated nv
the prisoner, before Judge could be war.
ranted in committing him that the evil
dence In this case was altogether vague.
uncertain, and insufficient that proof of a
traiterous intention was not enough to au-
thorise an inference that it had been con-
summated by "A traiterous act; that the
Hight of Col. Burr and his appeal to the
| civil authority in South Carolina were only
attempts to escape from military oppression.
and that the Government of the United
States, having dragged him to this place
| tor trial, ought TO have been Drepar-
ed with full evidence to convict him. and
to have sent it on Immediately.
! Mr.. Burrhimselfmade speech, in which
he endeavored to give an account of his
! transactions, so as To make it appear that
they had been innocent; relying greatly on
his two acquittals Gas he called them1 in
Kentucky and in the Mississippi Terrjtorv
On Wednesday morning the Chief Jus
! tice delivered the following opinion.