Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-01-20
FROM TIE WESTERN World OF DEC. IS.
COL. BURR BEFORE THE FEDERAL
COURT.

COURT.
The Judge read his Charge to the grand
jury, which was no way important, only as
II appeared 70 conclude without actnow-
lodging the right Of the United States at
torney to 80 out with the grand jury and as
slst IN the examination OF witnesses and
the giving the jury particular directions
not to receive am matter upon information,
nor to let their enquiries extend beyond The
limits OF the stale, 6y which. We suppose,
the honorable jalge mcant INC hi,her shore
OF the Ohio, aad would Of course exclude
all the Pitts1urg, Marietta, Cincinnati, and
Ietfersonvilic business Mr.. Dayciss then
stated that two material witnesses had not
made their app'ar ance. lie observed that
John Adair and Mr.. Luckctt, were absent,
and that he could not proceed without them
that this was business OF the utmost inn
portance, ans nc would not hazard the is
sue by going on In the absence of these two
witnesses. Mr. Henry Clay, who appear
Cd IN conjunction with Mr.. John Alien as
the counsel for Col. Burr, rose, and in re-
ply observed, that Col. Burr was only an
pichcnsiyc Of delay, that it was painful,
and particularly irSsome to be Obliged pcr-
petualiy to dance attendance upon such a
charge in that court
Mr. Daveiss perfectly understood the
drift of the gentleman. Let the larry 90
out continued Mr.. y. and Under the pre-
sent circumstances, i'm the absence OF these
important witnesses, the charges not being
proved, they imagine 70 themselves a tri-
umPh. Tic grand jury have been called
upon particular occasion, 70 enquire into
subject which immediately affects the
welfare Of our country. Ills is no com
mon case, and should therefore not be too
hastily dispoNrd of Mr.. Clay complains
of the painful inc ,nvcniencc Of Col Bulr's
dancing a crpetal attendance upon the
court. Who -sa ed him 70 dance an atten-
dance Who has solicited his presence in
court His appearance here is entirely vo-
iuntary; and I will venture 20 say iile~al.
In case OF indictment NJ counsel can Se ie-
Saiiy heard or recognized ~ the court un-
~ the indictment IS fouai by the jury.
ans IS tIc practice which has universally
prevailed in this country heretofore, and ]
5c'ieyc every where e'se---I therefore trust
tIat shall not lgsin be interrupted in NV
pr0cceding. IAspc there viii DC no FUR.
thcr inte;'ic.elce On the part Of Col. Buri
aud ms counsel, until thcy can be lcgajly
in court.
Ihcrc are anumhcr of Indispensable Wit
y
without whom 1 Ca1not proceed. The en-
quiry nov before TIE grand Jury IS suc'i as
20 relnfrc the testimony cr cacn witness
IN order to connect the chain of evidence
necessary u produce convection The d.
iect must be distinct, and pcr,ectlvundcr-
stood. The mateIIl,ity OF the testimony O.
gen. Alair, induces me to apply TO the
court, and request they vii. direct the
grand Jury not 20 proceed witb1ut him.
MIR. Clay was only DESTROYS lhe ssid) that
the attorney for the United States would
pursue what the law Of the land warrants
Something has been said, continued Mr.
Clay, about Col BurT's -,-cScncc not hcine
necessary; and will Air. Uaveiss tell my
this alter what has atTcadv passed Is his
name to be mentioned. and is he not to lp-
pear because there j: 10 process, no dcg,.,
marshal directed to take his person?
Mr. Davciss replied to the court nearly
in the same manner IS before and stated
his right ct gong or in the 5't-inc SIS as di-
rected by law, and his own Judgment, and
observed that by him, Col Burr nor his
counsel were considered in court, and nc
should proceed as though they wcic not. as
he decncd any interference by the = highly
improper. &c also slightly mentioned his
o'N " Nth1ii''iS NASitN'SSS DSLotG t.lN kidNN
jury.
Mr. Clay observed, ne understood tie
constitution Of grand jury TO be very diff
ferent. Ne should never cease (hc suid) 10
contend Tor che liberty of the conu,,y. Al
a. once continued .ulr. &. the Office Of pub
Tic attorney springs into an importance
which never before was heard Of. ap-
peal to Tic practice Of every other court
whether or not the public attorney has che
privilege now cbnte1ded for l take the
functions OF the grand jury 60 be these, To
send for what witnesses they please, and
examine whom they please. They ought to
retire and enquire Of the proper persons to
send for.
Mr. Daveiss said, that respecting the
grand Jury, he was the proper agent aud
certainly acted uGlcr the auspices OF the
court, aud he hoped the court would agree
with him in opinion. lie then moved for
an attachment against gen. AJlir, Tor nom
attendance. This was opposed by Mr.. Clay,
on the grounds that no hour had becn men
toned in the summons, aud cOnsc luentlv
the attachment could no. issue during the
whole day to which he vlss summoned, until
Wednesday morning; in which objection
ne was supported b. the opinion OF the
Judge.
WcdHead0y, Dec 3