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

expatiated at some length upon the diff
ference between the State Courts Of Vir.
ginia and the federal court. He proceed
ed then to observe, that the u. States
was mos, extensive country, compared
to the state Of Virginia; that most ma.
terial witness might be 1900 miles from
the court, before whom he was to appear
and that he might be. at the same time a.
The head Of an army in all which circum.
stances, the federal and the state sove.
reignties were different. So that this
iiFerencsA,together defeated the appli.
cation Of eIt. RS experience, TO this sub
rieet, exl 'ffhat experienee had been ad.
mittsd . sgood authority In the Sta.e
Courts. But even that gentleman would
ADMIT, that had 6milar case occurred
before the State: Courts, the accused
would have been committed.
Mr.. Randolph asserts, that this mo.
ton IS made to draw forth the opinion Of
the court, and thus to prejudice the
minds of the Grand Jury But Mr.. X.
has certainly forgotten. that this inteli-
gent and impartial Jury is on their oaths
and their Consciences aud surely this
court will not pay 80 little compliment to
thetE independence, as to admit, that its
own opinion will be sufficient to bias their
judgment; more particularly tod when
the point before the court il so different
from that before the Jury. It 10 1.-THE bu-
siness Of TIE court to commit aud Of
the Jury toindiet: and it is certinly the
privilege ofthe court to decide u on writ-
ten testimony, although that point Is not
so perfectly established and settled, as it
relates to tie Grand Jury. How the
court would decide upon this ppint, Mr..
Hav said lie could not pretend 10 know.
y There j. another consideration, which
should be weighed by the Opposite coun.
sci. The Grand Jury is now already
embodied They are ready to proceed
With any business which may be brought
before tn In. But, my great object,
said Mr.. q. is to prosecute Col. Burr
on the shatge Of Treason. Imake this
declaration, ,because I believe him to
have bea gailty oft. Let Us suppose,
however, that the Grand Jury was to
di%charg. Col. B. from the misdemea-
nor; and then that was to bring the
presen, notion before the court what
resource then would Mr.. Randolph haves
Prom the present proceeding, however,
Mr.. b. would derive the advantage Of an
immediate trial; WHEREAS, according to
the other mode Of proceeding, weeks
and months might elAfse before he would
be brought 70 trial. And certainly it is
in every point Of view more desirable
both for the government and himself to
terminate this business at once, than to
impose npor Us the necessity of moving
fer an adjourned trial.
Mr.. Randolph SAYS tive are ready ;
we were ready on Friday; we were rea-
dy on S lturday, &c" Sir, there are
two sorts Of readiness; one in point of
fact, and one under certain circunistan.
ces. Nov these gentlemen win scarce.
~ persuade me that they could BE- ready
to resist the whole weight Of evidence If
it were ready to be laid before them :
But there is certainly no difficulty In be-
lieving that they are now ready to pro-
coed to rial, when the whole evidence
and particularly gen. Wilkinsou's, Is
not present.
Doe more remark Mr.. Randolph
has expressed a reverence for Mr.. JEFF.
ferson, which is not certainly derived
from trifing considerations. IwiA make
but one remark, and tina, gentleman will
agree with me in the opinion survey
the many-peopled globe through al age:
and nations, and you will not find a mau
more anxiously bent upon promoting the
liberty of the people. This was certain
" the idea winch Mr.. Randolph iutend.
ed to convey. ~~:
Mr.. X. next proceeded to Mr.. Madi'
son. upon whom he has not hesitated to
lavish the most unreserved eneomiums
Surely then. after this solemn declara'
ton Of the oldest counsel for the prisoner
We shall hear no more aboutperseeution
| Sir, it is q state of things which it is i'm,