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

Out SuIS! tbSTS Is tlIne enough To travel
from New-Orleans to this city in II days
even with the gigantic "bulk" of Gen.
Wilkinson himself
Mr.. Hay says, our tone is changed. And
how, Sir! We demand a trial now. We
demand fair trial. But must we not
therefore protest against a measure, which
is calculated to defeat this object? Ger
tainly, Sir. You are called upon to preju-
DICE the minds of the Grand Jury. But,
Dir, III this Interesting case, where liberty
ana lite themselves are endangered, trust
that some hard-mouthed precedcnts from
old black letter books, will be found in OBJ
position to this procedure. We have come
here to answer to every charge, which may
be urged against us: We come here to an
swcr in precedented and constitutional
manner But little did we expect, that the
court would decide in the first instance, in
stead of the Grand jury; that the senti-
ments of the Grand Jury were to be pre-
Judlcated by an unconstitutional decision
and that the court itself was to commit it's
opinion on certain points, which would be
regularly brought before them for argu-
ment and for decision at some of The ute
rior stages of the prosecution.
"Why, said MIR Writ, do you shrink"
Sir, trace the course of the prosecution,
and see who it is that retres from the con-
test. On Friday the u. States attorney
was not ready; on Saturday he was not
ready; and now indeed he Will not proba-
bly, be ready Def re Monday next. Sir,
who is it, that shrinks? And yet does the
attorney positively aver that he has evil
dencc enough.
We are charged, sir, with addressing
the multitude. Mr.. Writ says that he
could, but would not initiate the example
But neither he nor Mr.. Hay have spared
the theme. Sir, will not deny the lust
ness of his eulogiums upon the atminis,ra-
ton but permit me only to remark, that
there has been certain conduct observed
towards Col. Burr VIII oh excites my deep
est establishment. When | look at the
first man in the government, behold an
individual whom / have long known and
whose public services have commanded
my admiration. When / look at the Sc
cond, sir, he has my whole heart But,
sir, the enquiry which is now before us re-
lates not so much to the intention as to the
effect. An order has been given to treat
Col. Burr as an outlaw; and to burn and
destroy him and his property. And, sir,
again, when the House of Representatives
demanded certain information, as il was
their right and their duty to do; the Pre-
sident granted it and would to God Sir,
that he had stopped here; as An execu-
tive officer ought to have done. He pro-
ceeded, however, to say that col Burr
was guilty of crime and consequently
to express an opinion, which was calcu at
ed to operate judicially upon the Judges
and the Juries. Such, was the subStrdtum
ofall the censures, which have been heap
ed upon Col. Burr.
Mr., X. proceeded to touch upon a sub
ject to which Mr.. Hay had referred. Col.
Burr was arrested in the Mississippi Ter
rltory. Was Their no court there Was
there no judge G .degrity to try h I'M ? Ar
rested too after he had been acquitted by
a grand jury &! We'll he was transport
ed thence (wilh humanity it has been said)
dragged on by eight nusqueteers who were
ready to shoot him at a moments warning;
refused any appeal to the judicial authori-
ty; denied even the melancholy satsfacti-
on of writing to his only child Was all
this humanity? Dragged before this court,
which derives its only Jurisdiction from
little speck of land on the Ohio Yes /!
Sir, but for that little spot of an island,
Virginia would neverh have enioyed this no.
hor What is all this, sir, but oppres-
sive and bitter inhumanity 81 trust, sir.
from what i have said, that no one will
think with Mr.. Writ, that | am shifting
The question from Col Burr to Mr. Jeff
ferSon: / should not have made the obser-
vations which have escaped me, but to
shew that my client is justified By his ST.
tuatisn in stating every objection that he
Can, to the present measure.
Mr.. r. observed that at least one dis
advantage would result from this enquiry :;
that it was not clear, as Mr. Hay had as
serted, that the afFidavits would be laid be-
fore the court only & not before the grand &
petit juries, for the grand jury would soon
be possessed of the substance of them and
that it was next to impossible for them to
separate the impressions thus illegally to
be produced upon their minds, from the
weight of the legal, viva poce testimony
MIR r. said that he did not understand
Mr.. HIS EXPIRE ssions about certain persons
in holes and 0orners, that if however ne
meant spies, there were none such employ
ed by Col Burr but, although the govern
ment certainly had employed no spies, vet
that it has excited so much prejudice a.
gainst col. Burr as was sufficient % make e.
very man IN the country DESTROYS Of Contri-
butlng his full quota of information against
him Mr.. X. concluded with remarkine,
that the present argument had perhaps
been permitted to embrace too wide field
of discussion and that there were two
great questions which he should submit to
the consideration of the court 1st: Whe-
Their there were anv Drecedcuts in favor,