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

mad USED the expression of " Pioneer of blooi 70
But surely II would not have escaped him. had
ne OUT lot one moment seriously reflected uoon
the court whom he addressed, upon the conpseI
he opposed. or the government Sa,is6ed So
Mr.. Hay said he should pass the observa,;a, ~
without further notice. ~
Mr. Randolph had stated that no similar c,.s
had occurred IN his thirty years practice. 7, 10.
not wonderful that such case had M, occn~-sJ
IN the time when that gentleman was a,torney
tor the commonwealth. great change has "a.
ken pace IN ,he system ofcur government. Ar
that time no federal Court existed. The mode of
proceeding in the state courts is ciiFeren, firm,
that here. In the system of penal law establish.
ed IN the commonw alth of Virgins. there is an
examining court intervening between the arr.st
and commitment of a prisoner and his helm,
charged before the grand Jury; bu, this court
mas the power to examine ~ well as TO commit.
moreover the United States are most extensive
country, compared TO the state OF Virginia. ,
most material witness may now be 1900 n,,l.s
from the court. before whom he is 10 annear.
and may be at the same tine TT the head NJ an
army; IN all which circumstances, the federal
and the state sovc eighties ave difterest 60 ,ha,
this dife ence altogether defeat the apnIc,,i.
on OF MIR RS experience, to this snhjsct g.
ven 1t that experience had been admitted as n
g od authority in The State Courts Bu, eve,
tha gentleman wou admit. that had similar
csse occurred befor. the State Courts. the accu.
sed would have been committed
Mr.. Randolph asserts, thar this motion il
made to draw forth the opinion of the oourt.
and thus to prejudicate the minds of the Grand
Jury. Rut MIR X. has certainly forgotten that
this intelligent and impartial Jury is on their
oahs and their condolences and surely this COURT
will not pay so little compliment to their inde-
Pendence, as TO admit, that its own opinion will
be sufficient TO bias their Judgment more mar.
ticularly too, when the point be fore the court is
so different from that before the jury. It is The
business of the court to commit; and of the In.
ry to indct: and it is certainly the privilege Of
the court to decide upon written testimony, al
though that point maynot be perfectly established
| and tied as it relates TO the Grand larry. How
the court would decide uron this point. Mr..
Hay said he could not pretend 10 know
There is another consideration which should
ne wrighe" by the opposite counsel. The Grand
Ju'y is now a'reNdr embodied They are ready
% proceed vi IN any business which may be
brought before them. Bat my gres5 obiect.
said Mr. H is to prosecute Col Burr on the
charge of Treason make his declaration be.
cause believe him to have been guilty fir. Let
us suppose however, that the g and Jury was to
discharge Col. d. from tire msdemeanor; and
then that was 70 bling the present motion be-
Iore the Courts what resource then would Mr.
Randolph have From .ths present proceeding.
however Mr. b. would derive tue advantage
OF an immediate trial; whereas, according to
he other mode of proceeding wee ks and rnnntha
Uignl e'apse before lie would be brought TO tri.
al. And certainly it is in every point of view
more desirable both for the government and him.
se!i 10 terminate this business at once, than TO
impsJe upon US the necessity Of moving for an
adjourned trial
Mr. Randolph says " we are ready we were
ready on Friday we regdy on Saturday.
&c" Sir there are two sorts of readiness one
NJ n FAR nd nyap nI,-
ances Now these gentlemen will scarcely
ersuade me that they could be ready TO resist
the whole weight OF evidence If it were ready
10 be laid before them: But there is certainly
no difficulty in believing that tbev are now ready
20 proceed TO ;rial when the whole evidence and
pa ucu'ariy genera! Wik'rscc'S j. not present.
One more remark! Mr.. Randolph has
expressed a reverence for Mr.. Jefferson.
which is not certainly derived from tri1jnp-
considerations. l will make Dut one remarS
and that gentleman will agree with me in
the opinion; survey the many peopled
globe through all ages and nations and
you VIII not ind man more anxinusly
bent upon promoting the liberty of the peo-
pie. This was certainly the idea which Mr..
Randolph intended 10 convey.
Mr. X. next proceeded to- Mr.. Madison,
upon whom he has not hesitated to lavish
the most unreserved encomums. Surely
then, ater this solemn declaration of the
Oldest counsel for the prisoner, we shall
hear no more about persecution Sir, tits a
state OF things which it is impossible lore Ia
Gle with the amiable character ascribed
to the two first officers in the government.
Mr.. Wickhdm observed that he should
offer few remarks on the supplementary
arguments of Mr.. Hay: that i'm this case
Col. Burr's counsel had called they had
a right to call--for the precedents-that
Mr.. Randolph, who had so ably represen.
ted this commonwealth, as a criminal
prosecutor for 80 years, had never known
a single one to justify this motion! that
however true it might be, that the state of
Virginia was now of smaller extent than
the whole of the United States, vet that
was then cut up into as small judicial
districts as the United States at present are
and that the witnesses in a criminal pro.
secutioD might have been scattered over
those districts, as they are said TO be in
tne present circumstances that Mr.. RAM
doiph, had represented not one of those
districts, out the whole, not not only M,
this side ofthe mountains, bur beyond them
and even the uncultivated region of KEN
| lucky, where travelling was at that! time
liable TO so many difficulties, and from which
I was SO extremely laborious to transport
the witnesses TO this side Of the mountain
that 1t was not until Kentucky had been
more thick'y populated, that a particular