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

is then no apology for tbs delay Of the
prosecution, as far as Il respects the on.
y person for whom an q biology is at
tempted to be made.
There are other serious objections to
my situation: Must I be ready to pro-
coed to trial True, sir, but then it
must be in their own way. Are we then
on equal terms here Certainly not.
And again as to afidavits. The U. S.
can have compulsory process to obtain
them but l have no such advantage.
An exparte evidence then i brought be-
fore this court on a motion for commit
ment.> Theeyidence on one side only is
exhibited, but il l had mine also to. adj
duce, it would probably contradict and
ceunteract the evidence of the United
States. Well, sir, and these sfidavits
are put into the News-Papers: and they
fall into the hands of the Grand Jury.
Ihave no such means as these, sir: aud
where then is the equality between the
government and myself!
The opinion Of the court 100 is to be
committed against me- Il Ills no evils
- sufficient answer, sir, has been
given to the argument about my delay 1;
and its disadvantages to myself have
been ably developed. But my counsel
have been charged with defamation a.
gainst the gosernme Mt Of the u. ST.
certainly sir, shall not be charged. with
defamation. But surely it is an es-
! tablishtd principle, sir, that no govern
ment i, so high as to be beyond the reach
of criticism. And it is more particular.
iy laid down, that this vigilance is
more peculiarly necessary, when any
government institutes a prosecution,
and enc reason is, on account ofthe vast
dispfoportion of means which exists be.
tween it and the accused. But if ever
therewas case which justified this vi
gilante. it is certainly, the present one
whenfhe government has displayed such
uncommon activity. IF hen this go-
vernufnt has been SO peculiarly active
against me, tits not improper to make
the assertion here, for the purpose of
increasing the circums2eedon of the
! court. -. 4
M. Burrobserved, that he meant bv
persecution the Harvesting Of any indi-
! vidual contrary to the forms of law and
q; that his case unfortunately resented too
many instances Of this description. He
would merely st4tesa few OF them. He
said that his friends had beennevery
where seized'by the military authority ;
a practice truly eonsonant Nth Euro
pean despotisms. He saidllht person.
had been dragged by compllsq process
before particular tribunals, ana compel.
led to give testimony against him. His
| papers too had been seized. And yes
in England, where we say hey know
nothing Of Liberty, a gentleman who
had been seized and detained two hours
in back Parlour, had obtained damages
to the amount Of 1000 guineas. He
said that an order had beer issued to kin
him as he was descending the Mississip-
Pi and seize his property. And YET thew
could only have killed his person, if he
had been formally condemned for trea.
son. He said that even Post. Ofices had
been broken open, and robbed of his pa.
Pers that in the Mississippi TERRITORY.
even an indictment was about to be laid
against the Post. Master; that he had
always taken this for a felony ba. that
nothing seemed too extravagans to be
forgiven BY the amiabie morality OF thi.
government. Mr.. Burr said, there
seemed to be something mingledin these
proceedings, which mantle sted a more
than usual inel iination to attain the end. Of
justice. AS far as it related to himself
perhaps, these things were ofno account :
but what was then to be said of ,ho.e
and other measures, such as the suspen,
sion Of the Habeass Corpus adj. which
concerned the whole nation! fin the
island of G. Britain, such q measure wa,
calculated to produce so much di.,ur-
bance, what kind Of sensation ought il to
produce indthis country! o.''z'.'
Our president said Mr.. B. is q LAWYER.
and great one too. He certainly ought
to know what IL is that cons.;..... 90