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


improbable, mysterious tale, about Key
and Cypher: Mr.. w. said that he would
not at present expose this transaction; but
does this mysterious tale constitute trea-
son "You, sir, have already decided
that there is no treason, in WilkinSoa's de-
position but were the man himself in
court, what could he establish further than
his deposition can do!'
Mr. Hay is satisfied, that he has suffici-
ent evidence to convict Col. Barr. No man
doubts his ability, or his inclination to dis
charge his duty. Why then does he not lay
his Indictments before the jury! Because
there happens to be Il nan in Ncw-Orleans,
and one perhaps in the East-Indies and
therefore - 60 make assurance doubiy
sure" ne must wait for their appearance
And all th.s too, whilst the gentleman most
seriously protes; against oppression and de-
lay. Tho the gentleman may not be con-
scious OF slIcn sentiment, as that Of wish
ing to Cypress Col. Burr, there must still
be something like it in his heart: But
whatever may tie motive, the result to our
selves is the same Itproduces delay and
all its consequent oppressions.---No court
SIN aid sgurction this proc ed,ng This case
is IKE that of a man whose Cause stands for
trial. When subpoenas after subpoenas
have been issued when sums after sums
have been expended; he moves for con-
tinuance of his suit. \ t the very same
time he insists upon the suficiency of his
evidence. Surely the court would rule
him TO trial.
Why is not the attorney for the United
States ready for trial? He has indeed
made n computation of time to shew
that Wilkinson could not have been here
before this period and he has besides intre-
duced an aff avit TO show that an express
was ON his way to Orleans to give him an
early summons. There is, however, no.
thing in proof that the drawer of this afi-
davit was not imposed on by this express
or that the express himself was not msta-
ken as TO the contents of his dispatches.
Aud how stands the computation as to
time The post goes from Washington to
New-Orleans in II days. Mr.. Rodney left
this city in the last of March. The ex-
press must therefore have reached New
Orleans about the goth of April; and vet
where is Wilkinson Though the Mis-
sippi runs do7vn to New-Or!eans, and op-
poses a strong current to those who ascend
1t, yet is surely reasonable propositi-
on that on land it requires no longer time
20 come than to go. And yet Gen. Will
kinson is not here!
Mr.. Hay says it is of no consequence
whether the grand jury is present or not.
---But is this consonant with the sound
principles of law? Is it constitutional, sir,
where there is particular body set apart
for the investigation of facts, for the court
10 step in and rudey take this power from
them ?---He says that perhaps he shall not
send up his bills before the present grand
jury. But ] trust in God, sir, that this de-
termination will be overruled by the
court; and that if this prosecution is ever
to be closed, we may see the curtain drop
upon it now and forever IF, sir the
counsel for the prosecution obtain a post
ponement of this trial and for want of evil
6enee on their part, we might properly
contend that Col Burr, if bound to bail at
all, should be held in a smaller recogni-
zance than at present. But we shall wave
this right. 1t is not our wish to discharge
the grand jury but to set this question at
rest forever.
We have said, that ready for tria.
We are so, sir. in fact as well as in The abstract
The prosecutors say, that do NOT believe them
10 be ready. But how can the gentleman SUP.
pose that we mean 20 pay so poor compliment
70 his ver7c,'y, as 70 believe hat nc aas upon
his own facts as if he himself did not believe
then TO be true?
The gentleman, sir, has warmly eulogi,ed me
present administration. As private iizen, sir,
no man has less to say with The politics of this
country than myself That gentleman has drawn
piaure Of our national prosperity; and / am
happy to hope that il is true 10 the life in every
thing one feature only excepted. What. how
ever, will he say OF the persecution OF my client
Sir, et that gentleman draw the most anma,ed
pi9uie Of our happiness which his Imagination
Tan supply let them be how socvtr cheering or
Fowsoever just. 1t will be bur little aleviaion TO
the wounds of my Prosecuted Client thar he is the
only man in he nation whose rights are not Sc
cure from violation.
Mr. Burr then rose aud add essed the court TO
the following ehe6l--
l am not, hope sir, wasting the tine of ne
court upon the present occasion The motion
proposed Is admitted on all hands to be import
ants and IT IS certainly new one Perhaps j,
was to have been *; eeled that OF point 20 no.
vel, some pTecedents would have been produced ;
but in this expectation we have been disarpoint
ed. It's novelty will however. be productive OF
another eff 1t will still better qualify il for
making another small feature in picture OF
expressions and grievances, which have never
been paraleled in tie records of criminal law
The case is this no man denies the authority
OF the court 10 commit for crime but no com
raiiment ought to be made except on probable
cause. Ibis authority is necessary because DO.
hey requires that there should be some pos,er 10
bind an accused individual for his personal an
peaIance, until there shall have been suficien,
lime 70 obtain witnesses for his trial. But thi,
power ought TO be conuoued as much as posi-
bic.