Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-06-17

clear his own skirts before he abuses better men,
This Is net case between Tbomas .Ie6Terson and |
Aaron Eur, but between aaron BUR- and bis |
eonarr. Let that country therefore determine |
whether he Is innocent or guilty bw do not
expect TO clear MIN from accusation by SANDER
ing ntheo.
1Ir. W,rf in glowing and energetic language,
described The extreme Improperly of such a
mohe OF defence. He observed that the eonduc,
OF the gentlemen was disrespec,fu and injuri
Gus 10 the court they seemed To iatier them
st'"eS that the judges really felt those prcudices
and partialitics which had been (hc hopci, un-
lnsty) imputed 70 them aud that, when they
iuNuriantiy indulged themselves in invec,,ves ~
gainst the government, they furnished the plea
su'es OF Mahometan Paridise To the court as well
IS 70 their oliens. He SAID i, was the duy of the
members of the court, who formed themselves 4
part OF the gov rnment, TO compel the counsel
before them, to treat that government with de-
cent respect.
Mr. Wiek6am appealed to the court if the
counsel for Col Barr had been the first who
began the attack: and wished the gentleman TO
follow has own wise maxms. He observed that
Mr.. w ri had met the question fairly and CON-
ceded several points which had been con,ended
Tor by hIs associates.
lie Admitted the granting writ of subpoena
duees tecum To be a waiter of discretion bu,
insisted that tue opinion of the party applying
Tor II, that the papers m CHI be ma,e,.l, w as suf
hcient.
lie said tina, the question in the case of the
United Siates rs. Smith arose on a motion for
i continuance.
M. Var corrected his statement, observing
that the motion was for continuance and for
an attachment: against the witnesses At the same
'''ne' ana both questions were argued collective.
| ~.
| M. Vick5dm agreed that such wac the case :;
but conteTdcd that the special affidavit was re-
/ CURED because there was motion for CONT
nnance--and tia, on \ motion of this kind an
a,.idGVic need not he special. II. said that the
| reason given BY Judge Paterson for requiring \
| special statement ct what was intended to be
! proYedby Messrs. Madison and Smith (the Se~
creIaries OF Sta.e and OF the Navy was that if
they had been present their evidence, Gfi, only
wen 10 prove hat tho President had sanctioned
me expedition would have been os no conse-
euenec. Since the Presidents ssnctioning the
exp Onion could not have rendered il lawful.
We G'e tod, said Mr. Wickham, that Will
H:nson's letter is no, important Yet lac is the
yiFo' on which this prosecution turns. with.
""' hrs evidence they could nor progress with tic
tTiat When he arrives il will be al important
to u to prove the falsehood of his testimony bv
proving that he has conuadcted himself His
eteoIbil''y IS The point in question and surely
Zen. Wh.inacn is not 50 Immaculate as the CO.
s
oppressive conduct at New Orleans; we NAV
demonstrate that his feelings, hi. interests, his
chaIac'er ,eqii'e him to secure the convicion
ct Col. Burr. UaGeg these circumstances his
ye'aoity NUT be very doubtful especially, If
we can shew that he has made three or four
oii'eren, and incoussten, representa- ions of the
transactions cha ged TO be reasonable. His let
ter theref're ought 10 be produced
As TO the inconven ence to which the pub,ic
. Cd -
garded for hose Offices wee made for the good
csthe people, not for the good of the officers
| AL that Col Bgyy is obliged to shev, is proba-
bic cause 10 believe that Wilkinsons letter may
be material, though he cannot swear that il is
| t1-tcYlai.
Ms. Writ says he is not an advocate for state
secrets but he Is IN this without know ing
II. Ike has said too that the acqui,tal OF co.
| Burr will I've satire on the government am
sorry hat the gentleman has made this contest
on, that the character of the government depends
, the Suht Of Col. Burr. 1t believed him 10 be
Correct could easily explain from that circun-
stance the anxiety manifested TO convict him
and the preJudces which have been excited a.
galnst him. Ru, will not believe tina. this IS
'Ne case, but will tell the gentleman that we
! think Burr may be acquitted, and vet the gov
| eTn"ens may have pune intentions
The writ Of subpoena ducss ,ecum ought 10
be ISSUED, and if there are any siaic-secre.s 10
l''event the production OF the letter, the Presi.
dent should aledge it in his return, for AT p,e.
| sent, we cannot know that any such secrets cx-
ist. And the court. when his return Is before
| ITEM can Judge Of the excuse assigned. BIZ,
base TOO goo2 obiaioH ot tbe Pesident TO .biak
DC Joovl4 Sphbboid tie letter.
! The gentlemen on the other side have said
! that we do not wish 20 unmask our defence
but in Withholding the papers which we demand
| they shew that they have on the mask and we
wish the Court to aid US IN making them pull it
| off
| We contend that no affidavit on the part OF
! Col. Burr Is necessary Wilkinson's affidavit
already Published, together with the Presidents
| communication to Congress, proves tina, the let
/ ter III question must be material Il may sheU
| that The reasonable tranbac;ions attr bu,ed 10
Col. Burr within the limits of this state. never
existed; Tor, as to Blannerhasset's island. the
| 9eH1eKien IN prosecution k1o1v there Vu0s mn sueb
! f5iH3 as Il military force an tJdt leland Here
! MIR Hay interrupted him, and said that il was
| extremely indciica'c ndimpToper to accuse them
| OF voluntarily supporting 4 cause which they
knew TO be unjust He s0lemnly denied the
truth OF the Charge against him. and the gentle
men who assisted him, and dec arcd that ,hey
coEld prove rhe actual existence of an armed a.
| stmbiage of men on B.anncrhassett's island. nm
der the Command of Aaron BUR-
! Mr. Wictbsm, Acknowledged that he had
! gone too tar IN the expression he had used and
! ought not 70 have uttered what he had said CON
| corning the unset for the United S.aies Ie.
Caring tina: he meant nothing personal ayains,