The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-04-03

crimes may difturb the public repofe or endan-
ger its fafety. 1t would be eafy in much lcfs
time than has interviewed fincc Col Rurr has
been aedeed TO have aifembled he -rooos TO
procure afiidavts eitabliihing ttr f,ct. If in
November ar December laf a BODY of ,roc~s
had been attended on the OHIO, il il mpoii
BILE to fuppofc that atiidavits cfabiililing thu
fact could not have been obtained by the ia,i
OF March. ! orFh, rot 10 believe, and do
not believe that there has been any rem nner.
on the part ot thotr who proiecu,e, on this i'm
por'ant and lnterefting fuhjea; s; confcuuent-
ly, when At this late period no evidence, IN #
troops have been attw7ily embodied, is given, I
mutt fay that the iufpicion, which in the firm
inftance might have been created, ought not TO
be continued, unief' this want of proof can be
IN Tome manner accounted for.
= IL is Rated By the attorney for the United
States, that as s;tidavi,s can only be voluntary,
the difficulty of obtaining them accounts for the
abtence OF proof.
cannot admit this petition. o, TIE evil
dence furnil,ed by this very tranfattion Of the
attachment felt by our Wettern for their Eaa
ern brethren, we iuitly felictatc ourfrlyes.
How inconiiltert with this faa is the ide, tina.
no man could be found who would vountari
ly 6epnfe that a body Of troops had actually az
tembled, Whole ohjstt nun be un,ieraood TO
be hottie to the union, and whole object was
oe'eued ana defeated by the very people who
could give the requiGte information
l cannot doubt that means to obtain infor
nation have been taken on the part of The. pro-
fecution 1t 1t exiited, cannot doubt the prac-
treasury OF obtaining 1t and its non protut.i-
on at TINS late hour does not, in my opinion,
leave me at liberty 10 give to thof- f,Hoicons,
winch grow ont OF other circuntauces that
weight to which at an earlier day they might
have been entitled.
mali not therefore infer. in the commit
nlent, tue charge of Hich Trcafcn. !repeat
that TINS Is the eiS important, becau!t it deyaEts
nothing from the right Of the Attorney 20 gre
fer An Indictment for High Treaion, itou!d he
be turni.hed with the neceiIArv ,elimcpy.
Judge Marlhall then obierved, that he fl,ould
not commit col. Burr on the charge of treafon :;
but that he ihouId hold him to bail, on
the charge Of ietting on foot military expedi-
ton againit the dominions of Spain: That
with reipect to the amount of bail, he had made
up no detnltve opinion. He wilhcd il 10 be
neither too large, TO amount to oppreiIion, nor
too fmalI TO defeat the obicds OF jutice 1t
had occurred to him. that the FUN of 10000
dolls. would perhaps avoid both theie extremes.
Mr.. Hay was in favour Of "A larger fun. He
had no doubt, from the fpirit which had been
maniteiled, that Col. Burr could obtain Bail TO
almoit any amount he pleaicd. The cav be-
fore, Col. b. had obtained Bail for 5000 Dolls
and he believed without any focitation on his
part.
MIR. Wickham had fuppofed that s or 5000
Dolls. would have been iufficient. 1t WAS on
ly on the mfdemeanor, that it was to be given
With reipeGt to the polfibty of obtaining
Bail TO any amount, he was unable to expreis
any opinion it was fubiect with which he
was perfonay unacquainted. But as to the
fpirit which it was faId had been manifefted he
could fay, that he had heard frveraI gentlemen
declare themielves unwilling to appear as Bail
for Col Burr, left it lhould be afcrbed to fpi-
rit OF oppoiiton TO the administration.
Col. Burr rofe and obi, rived, that if the 60
vernment was to pay him for the loifes it had
made him fuitain, 10000 Dolls. would not in
demnify him. And yet this circumGance might
! operate againf his obtaining BALTIC large a.
mount.
MIR. Hay replied.
The Judge then oblerved that he f!ould fix
the bail 20 10000 dolls. and that he would NICE,
Col. Burr at the Capitol at O'Clock to receive
it.
AZ O'Clock, the Judge met the parties
when Melirs. Thomas Taylor, John C. Gam.
bic, John Hopkins, Henry Heth, and -
LangbOr appeared as his fecurltes.