Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-06-09

Present. John AIARsHALL, chief Justice OF
the Unitcd states, =, SIS
Aad CyRJs G arrF1s, Judge Of the district
of Virginia. 1s s.
4Nandasf sl8sl1y rs
Mr.. tySckhass, read from the act OF Y lrSsl-
MA. Ds1c los 81 the revised Gods, scse. q q
hearing upon this case. HE observed that the
present motion was also unPrcce en IS y :
system Of ,criaaiaal jurispr .cnce whica was
upwards of 100 years ole. Il the nao'lon pc =
proper one, there must be some pfeeeuches
IN this country or in England but AZ snefe
be none such, ana the gentlemen nave, not
produced them, iris but fair TO infer there are
mons such. Ii is therefore oyious that thes
present motion is contrary to the acts OF
ai,lla as we'll as to the common law
The attorney for the u States has SAID that
he can take no final I'LL general Will
linson is present His deposition is greatly
relied UPON Now, Sir, refer to you as well
as the s. Court of the u. S. where You pre-
sided that the facts contained IN that deposl-s
ton If facts they ewere) did not amount 70
treason; but to a probable proof o., the misde-S
mesnor only. AS 40 general Eaton's, it is.
not relied on. The sole reliance OF the pro-
secation is upon Wilkinsonss. Cfcoufse, if.
Wilkinson himself were present, no could
prove nothing new. But if gen. w, is SO
! material i witness, why are they not prepar-
ed to go with him before the grand jury -
). Why is not gen. w ilkinson herea He Is a
military officer, bound implicitly to cbcy the
head of the government. In the wars OF Eu-
rope a general has been known to march the
same distance at the head of his army In a.
; shorter time than gen. " iilkinson has had TO-
pass from N. Orleans to this place. He IS
bound to SO whenever the government directs
him; to ,aarChto Mexico; to invade the Flo.
ridas; or to come to this city. Perhaps there
are other reasons for his tconing. Bullet
us not press this subject.
What, Sir, is the tendency of this applica-
ton? What is the motive / hare no doubt
that the gentlemen mean TO act correctly. Il
wish to cast no imputations. Butthe counsel
and the court will know that there are sctof
busy people mot hope employed BY the go
vernment) who thinking 70 Go right, are la
boring TO ruin the reputation OF nay eient. +
dosnot charge the government with this at
tempt But the thingkis already done. At.
temps haze been made. The press from one
end Of the continent to the other has been en-
listed on their side to enlist prejIdices a.
gaisast col. Burr. Prcjudiees yes; they
have influenced public opinion; by such re-
presentations, by persons not passing between
the prisoner and his country, bur by cxparte
y evidence and muulated statements. Ought
not this court to bar the door as far as possible
against sach misrepre 20 shut eve
ry effort to excite further prejudices, until the
floating rumors of the day, but by the evi-
dence of sworn witnesses The attorney tor
The Z. S. offers to produce has testimony;
no doubt the most violent no'doubt the least
impartial which he can selects testimony
which is perhaps to be met and overthrow by
Superior evidence. Do they, besides these
sthings, Wish that the multitude around us
should be prejudiced by garbled evidences p
Do precedents Justify such a4course as this !!
6 Produce your Witnesses they may say -
No; sir. Colonel Burr, is ready for 4 trial !;
but he wishes for that trial to come before a
;ury. I do not pretend to understand the me-
tires which letl,to those things at is enough
that they produce the same mischievous eff
fects upon ourselves. Should government
hereafter wish to@oppress any Individual to
drag him from one end of the country to the
other by military force; to enlist the prejn-
dices of the community against him they
will pursue the very same course which has
now been taken.
Col. Burr is here ready fortriaL They adj
nit that their testimony is not sufficient 20
bring him before a grand jur5 and OF course
to found an Indictment against him. Why
then is this partial evidence to be exhibited
on motion for commitment &? tits to nou-
rish the prejudices against him. Will they
then press motion like this Be it-so, sir,
] trust that the court will stand between the
prisoner and his pursuers for every man IS
presumed innocent, before he is found gull