The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-02-10

(: MI Lee went into an sfguFn mt OF considerable
length to eabh the right of the aceued to be heard
on the motion to commit. He eontsnded that the
right was Rricly legal, and tina. OIL the ground of
humanity towards the aecufed.as :hey themfeves
claimed the right, there could be eheaion TO their
being INDUCED.
Mr.. Rodney replied
The court then gave il as their opinion that eoun-
Eel ihouId be heard
MIR. Key then opened the argument on the part of
the aceuicd againit the notion to commit on the
charge of ,reafou.
He was followed by MIR. Jones on the other fde,
who Terminated hisremars about o'clock in the at
ternoon. The court role for half an hour-when
Mr.. Lee fpoke againlt the motion TO commit until
half Fa ten o'clock, which hour the adjourn
ed Until the next morning.
ON FRIDAY Mr.. Lee adduced number of add
dtonal authorities and made fome further remarks.
Mr. Rodney then eloied the argument in fpeech
OF about all hour and an half in length.
The volume Of matter addueed this location
was 70 great that fcarcely brief outline of it can be
expected at p,nt. We fhall content Ourlelves with
touching on the moi prominent points.
The council of the accufed contcuded that the mel
tayes OF the Prefident, this location,
titled to the Leaf attention, however worthy of
gard by the Legislature to whom they addreiIed
or generally by the people, they could in cafe
that required legal evidence, be of any avail. That
If, however the hould be of different opinion
they notwithstanding would be found on examination
to be deaitute of any fpechc facts which fulfilled the
opinion that any ACT of treaGon had been committed
by Aaron Burr, and much lefs by the acculed. Tha,
they in faa eaabliihed the commilion Of no crime
whatever, and that at any rate the only offence
which could be charged with any color, the ma
KING preparations for enrerprize again the pro-
vince of foreign nation in amty with the U. S. The
9th article OF the amendments to the contribution
Jays" The right of the people to be ecure in their
rer ,.,,n,
bic iearehes and fixtures, fha be violated, and
no warrants fha ue, but upon probable eauie, fup-
ported by oath or affirmation, and particularly def
erbng the place to be fearched, and the perfons or
thingsto be feized."
In this cafe there was probable caufe Imported
by oath or affirmation and therefore the nefages
of the PreGdent entitled to no weight in court
of jufiice.
With regard to the depolitions of gen. Wilknfon il
was alledged that theywere totally uadmifible in
court OF jutice. They taken before individuals
who declared thrmfelves be juiiees of the peace,
OF which fact however there evidence which
could be legally received. Such papers uniformly
CURED certificate of Authorization, proving that the
magRrate was duly appointed. This objection was
therefore fatal to the reception of thee papers e
mony 1t was befides eaablifhed principle of er-
minal jurisprudence that other than the magf-
trate who examined the accufed competent to
relt him.
But even ifthis infuperable objection was over-ru-
led and the dePolitions received teaimony, it
commended that they did not eftabh the commiiiien
OF Jingle aa Of treafop, by Aaron Burr, much
LET'S did they eablifh the implication Of the aceufed
in any fueh aa.
The council on the part of the prolecution MAIN
tanned that to certain extent, in the ncipent ages
OF prolecution, the Information contained in the
mehages of the Preident merted credit. Being, as
to the dcharge of certain duties, the hghea organ of
the government, fpecialy entrulted with the prefer
vaton OF the public peace, and with the command
of the armed force, obliged underline fanefion of an
cath to diicharge thefe duties and give information
to Congrefs of the fate of the union, it NUT be pre-
TUNED that he would not lightly make known to
Cohgrels the eIiaence of as of treaionabe nature
or cab out the militia without the exence Of ferrous
danger and that conlequenty his communications,
connected with other circumstances, corfPred ef-
tabliih the Probae eas required under the coniitu-
ton for arreft Or commitment. That there pro-
bable caufe OF the exence of treaionabe acts was
WINGED by the extreme agitation OF the public mind,
by the march of the army from the Sabine, by the
ipirited operations conducted at Orleans for its
defence, and by the energetic meafures purified by
the ieyeral 1ate and territorial governments in the
weitern part of the union
This probable caufe, it was allowed, muf be fup-
ported by oath affirmation. This had been album
dainty done i'll the depoGtions of gen. Wknfon, gen.
Eaton and other perions. The criminal intent of
Aaron Burr was demonftrated by his conversations
with general Eaton, and all that bedes necehary
was the commiiiion of fome a4, which would
conttitute levying of war agana the u. S. That
iuch acts had been committed there every reafon
to infer from the contents Of the depoiitions. No
doubt could be entertained that there had been BEL
Inn LeVGtHnu if not beNsm peren0nm. AL that was
further nscehary to fhow that there probable
cauie that the accufed involved in the trezfon,
was to ihow that they the coafederates of Aa-
ron Burr. Of this the depoGton, of general Wkin-
ion furnhed an abundant Proof-they had preiented
letters from Burr Wilknfon developing his views
with which they appeared to be well acquainted
they had gone further, and Rated additional facts and
urged additional arguments to l-duce Wkin(on from
his duty.
They contended that the different territories of the
u. S. were in law be confidered one family the
officers OF which bouhd refpe6 and take DO
tice OF the acts of each other without any Of thoe
authorizations required in fate the official acts
OF another They all derived their authority either
medately or Immediately from the fame fource. To
remove, however, all objection to the Of anthem
teaton to the depoGtions of general Wsinfon, they
produced certificate from the department. Of fate
proving that the juiiices Of the peace before whom
the depofitions had been taken were legally commit
Toned. With regard to the principle of law adumed,
that none other than the magihrate who examined
the accued was competent his arreh, il va, pro-
nounced altogether untsnable.
= HE meeting Of the Subferibers to the Tappa-