The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-19
CONTINUED

on The proportions fubmitted to the Court
respecting tie charge Of 7rea(5n.
CcoNrINUgD
Mr.. WRIT.
it is my duty to proceed on the par, of the
U. States in oppo6ng this motion. Bot Giould
not deem it my duty to proceed, if thought
the motion itief well founded fland here
with the lame independence which belongs 10
the attorney of the u. s. and so he would GER
tainly re!inquih the profecution the u,omeat he
became convinced of its iniuftice, 70 alto, muG
certainly would ] THE humanity and iuRice
OF this nation weIld revolt at the idea of a pro-
tecution puthed on againf life which food pro-
teGted lay the laws but whether they would
or not, before | would, plant thorn in my own
heart to rankle there for life, BY Opening nv
lips, nnconiciertiouily in fuch cafe, would
zeal them up forever. Believing, however, as
40, that this motion is mere marenvre to
ooitTuct the enquiry, to wrett The trial of the
racts from the proper tribunal, the Jury, and
emharrais the court with Responsibility which
It ought not TO feel, ] hold it my duty to pro-
ceed-for the fake Of the court, for the fake of
v!nd'cating the trial by jury, now fought to be
violated, for the fake of fill and ample unice
III this Particular cafe, for The fake of the fu
ture peace, union and independence of thee
Fates, hold II my bounden duty to proceed.
Aad while do 70, let me requtft the orion.
err and his council to couli.;cr the difficulty of
cioathing my argument in terms which may be
congenlal with theif feelings. The gentlemen
appear to me TO ieel a very extraordinary and
UNREASONABLE degree Of fenhbility on this occl-
hon. They fem to forget The nature Of the
charge and that we are the profrcuto.a. We
90 not rand here to pronounce panegyrick On
the Priioner, but TO urge houe upon him the
charge OF trea!on aeainR the u. slcs. Tysa.
% he ri
mutt call !, treaion; when we fpeak ola trai.
tor, we mutt cali him traitor when we fox
OF plot to dilmember the union, 10 undermine
the liberties OF great portion of the people of
TINS country, and fubiect them to an u(urDer
and deipot, we are obliged to ufr the terms
which convey thefe ideas. Why, then. are
gentlemen 70 f-nitive why, on thefe occa.
mons 10 necefiary and 70 unavoidable, do thew
ihrnk back with as much agony of nerve as il.
Initead of hall of Juice, we were in a draw
ing room with Col. B. and were barbarouf,y
violating towards him, every principle of deco
rum and humanity.
We have, indeed, been invited by MIR. VIII K.
nam to conduct this argument on sbNfatio cd
ground and have been told that it is e1Decied
to be 70 conducted but, FIR, If tbia were Dr,c-
tIcab'e, would there be no danger in it would
there be no danger while we we're moot,rg
points, purifying ingenious hypotheles, chalicg
elementary principles over the evide.extended
| plains and IL pine heights Of abllraEfed law.
| that we ihouId lole fight of the great qncaion
| before the court. This may fut the turpo(es
of the council for the prifoner; but il does not,
therefore, necenari'y iuit the purpof,s of truth
| and Juice. IL VIII be proper when we lave
| derived q principle from law or argugIent, that
we ihou!d bring it to the cafe before the court
| in order to tet its application and its practical
truth IN doing which we are driven into the
nature ofthe cafe and mutt fpeak of it as VIC find
| 1t. Bat, behje5, the gentlemen have them
ieiveS rendered this totally abfraGted argument
! impoiiible for one of their petitions is, that
there isno overt act proven at ALL Now, that
an overt an conifs of fact and intention has
heen 10 often repeated here, that it has a fair
| title to iuitice, Viughan's epithet of deconfa-
nm IN fpeaklng then of his overt act, we
are compelled to enquire not merely into the
fact Of the ailemblage, INIT the intention &c it ;
in doing which mnR examine and develane
the whole project Of the ptifouer. Il is owl
Gus, therefore, that an abRrad examination OF
Iris paint cannot BIZ made : and Gnce the gen
tlemen drive us into the examination, they can
not complain #, without any foftenirg OF liahts
o. deepening OF (hades, we exhibit tie picture
in ia true and satural ftate.
/ This motion, fir, is bold and original nroke
in the rObe fc nee of defence. II Ihews the
band and genius ot = matter. For while il gives
to The prfoaer the foil benefit of his legal de-
fence, of The whole and foe defence which he
would be able to make 10 the jury, II the esi.
den~e were gone through, it cuts of from the
proitcuticn all that evidence which goes 10
connect the pr|oner with the ahemhldge on the
inand, to explain the deitinaton and Objects oi
that sliemblase, and TO ttamp, beyond coutro.
very, ;be character of trediou upon it. Con-
nc6t this motion with that -.kch was made By
the priioner the other day, TO compel US
TO begin with proof of the overt atf, in which
from their zeal, gentlemen were equally fan.
guiue, and ob!erye what would have been the
effect OF fIccefs in both motions we fhould
have been reduced to the lingle fae, the infn.
lated fast 81 the a1emblage on the i1snd, with.
out any &c that evidence which explains the IN
teniiou and objctt Of that anemblage; thus gen
/ tlemtn would have cut off althe evidence Which
carries up this plot aimot to its conception
which at al events, defcrioes the firft motion,
which quickeued it into life, aud follows it,
progreGs until it attained fuch Areugth and ma
tuTity as to throw the whole wsltern county