The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-06

aiiertions of his own Innocence; and he charc-
es 10 with psr:ecuii3n. Bat, fir, dora it e.
vince any conicousnef, OF innorencc, thus 20
be going agaira eve, psececcns eh,aia.vd in
this or aoy other country! SA. ,ruff ,has
the court viii go on ~ spite of MI opooii,ioa.
Mr.. Wiekbans Rated, that hagiug taken he
i,oerty OF fuggeh'ny this conrfc of proceet,iuc,
ne ihould advance a few obfervations on II:
and he did this the more readily, becaufe !.
had been inhnuated that no man ttanding like
himfelf as proicflioDa man, would have ma.ie
motion OF this fort. --(Mr. Hay declared he
had said no fuch thing. MIR. w. faid he had
rights as council for his client and he bad r;ph.s
belonging to hmielf: No man is heard fog
himfelf; but 70 long as they rmP.oyed prof-f-
nonai men to defend them, ths!s had right
to puriue the beit courie they cou'd left. for
the benefit of their chenille would therefore
go on
Mr. Hay speaks of two diitina charges the
invaton OF Mexico aud the fyizing OF r. 49,
orleans: But he declares them. to be nscrfC,r;-
ly blended. How 20? Could no, man :. ,r-
Wy war agana the u. States without an ;n-
va'ion Of Mexico! In Pennfy!vania we. have
ieen an in!urreGtion againii The United STAGES,
oet no 'nva'ion aga'nit Mexico.-Mueh is iaid
| OF the lois of time and of certain sfif6co,;,s
thrown In the way of the profecu,ion.
AS to the firit, Sir, let the world decide vhe-
| ther we or himteif have moa plead for delay.
AT All events, we cannot entertain any far thar
| ths court will be impatient. As 20 the diff
cuities IN their way, we will fay This, let the
gentlemen pusfue regular COURT let then,
| bring this bsfneis before the Grand Jurv. and
we ihaii make no objections. But, Sir, If thew
Puriue this oourfe over and over again If tier
are continually throwing difficulties in our own
| way; we flsl mete ont TO them the far,r m-a.
| lure which they me'e to US. Who has ever
known OF proceeding like the prefent? Who
sas ever heard of the practice of coming out at
iuch tage as this with a dfaina fub;fantiyc
Change, not growing out of the evidence before.
the court, but from other fpnrccs ?-Surely
thcte gentlemen DO rot cry out for mercy: thew
uano upon the law; and law they flIsii have.
Ce"'leinen iay, th5t no idch exception as this
was ever taken before an examining magiRratc.
But Sir, where arc the Reporters thar attenJ
private magistrates, To record their precedent
Mag'hrates are TO go by law ; and what law
| aey mutt obterve the Rules of eviJence.
| would gentlemen introduce their witnrGcs
| without fwearing them!
But the court mnf have all the evidence be-
fore them !; and 'tthey nun fepara,e, tn.
good from the bid. Bat is this conliftent with
| common ienfe is it conGaen, with the bookss
The practice has always been, when an attor
ney introduced writing toto court, TO ak
what ne sto prove by it when he introduces
paper to thew the general contents of that
paper. this was the practice Oh the memo
Fable trials of Htrdy and Tooke in Ensland.
In ChancerY bnfnefs, indeed, a prastce has
crept IN for the Judge h;fnfelf TO read papers
without knowing any thing of their general con-
tents; but this is done merely for the fake of
convenience, and will not ccrta.ly apply to
criminal protecutioos.
1t is aiked, "are we afraid to trut the
| court" with this evidence No, fir. We are
afraid to trnit the court with nothing bnt we
do fear to prejudicate the mind of the Grand
Jury by this premature and Illegal exhibition of
evidence. Let the time come, when Col b.
is to come regularly before the fury, and we
thall then fee, who lhrinks from the teaimo-
ny. a nufaber Of other remarks have been
made, hr, about Col. BIS approximations. All
propriety and dccoium have been fet at
nought every idle tale which is fet aHaat has
oSen eagerly caught at. The people here are
iHtereited by them and they circulate all o.
yer the country. Sir, if the attorney for the
U. States iha cheie To fend up his bills before
the Grand Jury, then hope the whole evil
dence will be laid before the world and we
ihall hear no more of rumours and prejudice.
Iheie gentlemen fay " illall you pretend to
! order US: fhall you c:ttste." No, ir, the law
mutt dittate. The gentlemen, indeed, have
produced ferries Of irrelevant writings and
papers; and they muf foSfooth purfue chro-
biological order. No, fir. Away with fuc b in
formaties. Let gentlemen prove an aGem-
| blage OF men for war. Let them prove the o.
vert act. If they do not, confidently hope
that Col. B. will be difchargcd.-Mr. Wick
ham here read a quotation from s. Foaer's
Dicourfes on High Treafoo.'
| Mr.. Burr did not eXpe6t an opinion of the
court iince no motion had been made Mr..
| Wckhan had only given notice TO the opDo-
lite tide, that they ihould follow the Rri6iet
rules of law. Fit was for fuit of Iol. only,
he ihould alk for the laws of evidence.
! The Chief JHfice fad, it would certainly be
Better, it evidence was produced to prove the
fatt hrf, and the evidence to Ghow their CO.
loring for no evidence certainly has any bear
| ing upon the prefent cafe, unlefs the overt acf
be proved. However, if the attorney for the
U. States thinks the chronological order the
belt, he may purfuc his own courie but the
court fruits to him that he will produce no.
thlng, which does not bear upon the cafe
Mr.. Wirt. We coincide with the opinion OF
the court, that an overt aa ought to be proved.
aud thltwe ought to produce no evidence AZ
all, unleis ne believed we had enough to prove
the overt atf. We do believe that we have
iuiiicIent evidence for this purpofe but we.
think IT bef, to purfue fomethng like chro-
noiogcal order TO take this confpiracy in iis
germ, to go on fep by fep, aud 10 trace out
every event as they subsequently aroie.
Mr.. H'T obferved that it would be necefsry
to give evidence to ilow the temper of mind
of the accuied as for iDfance, Mr.. Stoddert
would ihow his hofility 10 the administration.
and ,l,a n