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

manded certain information, as it was
their right and their, duty TO do; the
President granted it; and would to God!
Sir, that he had stopped here, a. an
executive officer ought to have done.
He proceeded, however, to say tina,
Col. Burr was guilty of aerime, and
consequently to express an opinion.
which was calculated to operate ] 'dici
ally upon the Judges and the Juries
Such, vas the substratum Of all the CEN
sures, which. have been heaPtd upon
Col. Burr.
Mr.. X. proceeded to touch uponsa1,
subject, to which Mr.. Hay had referred.
Cot. Bur- va. are ted ia the Mississip
| pi Territory. Was there no court there
Was there no Judge Of integrity to try
him Arrested too after he had been
acquitts "a BY, 4 Grand Jury!! We'll! he
was transported thence with humanityit
ha. b,en said) dragged on by eight mus
queteers who were ready to shoot him at
moments warning refused any appeal
to the judicial authority; denied even
the melancholy satisfaction Of writing to
his only child. Was all this humanity !
Dragged before this court, which de-
rives its only Jurisdiction from a little
speck Of land on the Ohio. Yes =! Sir,
bu, for that little spot of an island, Va.
w1uld never have enjoyed this honour
What is all this, sir. but oppressive and
bitter inhumanity I'll trust, sir. from
what have said, that no one will think
with Mr.. Writ; that / am shifting the
question from Col. Burr to Mr.. Jetfer-
son. should not have made the obser-
vations, which have escaped me, but to
show that my client is justified by his
situation in stating every objection that
he can. to the present measure.
Mr.. r. observed that at least one dis
advantage would result from this enqui.
ry; that it was not clear, as Mr.. Hay had
asserted, that the ai6davits would be laid
before the court only and not before the
Grand and Petit Juries, for the Grand
r Jnrv would soon be possessed Of the
substance Of them and that il as next
to impossible for them to separate the
impressions thus illegally to be produced
upon their minds, from the weight OF the
legal vt01 VocE testimony.
Mr.. R:"said, he did not understand
/ Mr.. HIS expressions about certain per-
sons in holes and corners that ifhowever
he raeant spies, there were none such &
that although the government certainly
had employed no spies, yet that 1t has
excited so much prejudice against Col.
Burr as was sufficient to make every man
in the country DESTROYS of contributing
his full quota Of information against him.
| 1fr. r. concluded with remarking, that
the present argument had perhaps been
permitted to embrace toe wide held OF
discussion aud that there were two
great questions which he should submit
to the consideration of the court: ist
Whether there were any precedents in
favour of the present motion and I'D :
Whether If a proposition ike this and OF
sach great importance was adopted, II
would not yield precedent, that would
expose every man in the country to OPP
preston. %'~'-.><~1
Mr.R.contended, that this was charge
which the judge had already decided on
a former examination; that it was not q
supplemental crime, hut the old one
that perhaps there Nighs be some little "
afiidavi. to splice OH. some defect in the
former evidence but what would be the
consequence of this Procee ding: ). Day
after day, another and another affidavit
would be brought forth fact. like poly
pi, are7easily cut into . or pieces and
each Of those atoms is to require new
recognlzanee. For one affidavit there
must be a bail of 1000 dollars. Another
| aaiIavir, another 1000 dollars; untilthe
burden of bail is 60 oppressive as to leave
no other resource, but in the sour walls
of a prison. =
NJ. Hay observed, that he should
simply notice one remark Of Mr. Rs
That gentleman had used the expression
Of" Pioneer Of blood" But surely it
would not have escaped him, had he bu.