Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-06-03

what was proper then ls.proper now. !
apprehend that the present recognizance Is
fta be forfeited only IN the case Of the mis-.
! dsmeanor; but if col. Burr is 10 be BROS
Eup for high treason. ought he MOTTO forfeit
something more considerable The mo.
/ ton in fact resolves i:self into this ample
question: IF "a Burr be brought before
/, the court on the charge Of high treason and
supported BY probable cause, will not the
court bind him 10 his appearances on this
/ distinct original motion
Mr. Bats observed thar The strange
/ principle advocated by the prosecution was,
that the former examination did notat all
preelnds thespresrnt motion. Butt this
be tue what would be the consequence!
hat every. edi,ioassf The veIume of cyl
deuce might justify a new enquiry No
warrsu. has been issued for the sprrehen.
/ sion Of col. Burr, and Of course he did not
stand 10 tho same p.edicamens as on the
former occasion. The counsel for the pro .
secutiop seemed 70 have pro6.sa by one Of
thr fashions Of old times, when they want
ed 70 try witch: II she swan, she was
|Sof cuafse condemnsdt Is death; if she was
dSownsd, she was TO be acquitted And,
thus in the very experiment Of deciding
whether she WAS gully Of crime. they
inaicred upon her the very punishment
winch belonged TO thai crime. In the same
manner Gel. Burr is 10 sustain the same
unsshment, while ehquiring whehsr he
deserves il, as would Only have resulted
sfsoms,he most uEfavarable decision. Let
us suppose. 4 case !, were TO suggest TO.
this court, that some Person present has
been gully Of a crirns, as the assorsey tor
the u S, has done; woSld the court think
itself jastiaed upos the credit OF my bare
void tobind over tia, persou Tor his ex.
amlsa,ian? Ipresune not. Col. Burr IS /
already bound BY his rseegnizarce this
recaga;s suffice as TO keep him here,
until the court may discharge him.. If he
sdspat.s the penalty is of course essreated.
Mr. Hay- A few remarka oaly. SIR.
This is 9 discussion which at the time !
certainly could noe have expected MIR,
Burr stands here charged with high treason.
The evidence viii take atconsisl -rable time
to be uneoldSd even without The unneces-
sasy interruptions whieh we have SO often
experienced. This charge is Of immense
importance: il involves no less than the Ii
bcrty aud life of the accused y is a sub
IecgWhich has excited the deepest and az
universal altentien throughout this country.
Its not possibly 10 be decided 10 ooe, two.
perhaps several days. Suppose, then, the
doetriaeco the opposite counsel to be eaf.sss
rect, and suppose, what iseertsinly true.
1thst there can be no secrecy thrown over
the evidence against him thea, sir, saf er
We had exhrbited all this evidsnce-afser
you bad determined that there was pfoba-.
bic evidence of guilt, the accused equally
psrceIving the force OF THAI testimony.
cody marches of and leaves the courts
pronounce It's decision. Would not this
be rid cu!ous situation? Would il not be
afarce, sir? And would it otea posr.ust 10
the .seorn of the us.
Gan onr proposition be deem,L ansrnrea-
sonable oe? We ask, merely, that colonel
Burr should be KEEP, here 20 answer the de.
cIs;on of the court. sThisis 40 common
case. Ills one of immrnse importance; il
has already imposed a great expense upon
the public. Tam informed by The srcreiaty
Of war, that ws May expect general Wi
kinsou Between the % h and solh of this
month. II he comes, the b lis both for
misdemeanor aud treason will certainly be
laid befose she grand jury. Wsllshe cour.
then positively decide, that col. Barr may
in the mean time effect his escape BotSis
|tWHkiasando does arrive ADD It A. Burr does
apprehend that.we have sufficient evidence
of the, crime OF treason, will he hesitate to
ay to save his life? Sir, it s-disagreeable
for me to- express such copjectores, bat
they obviously arise from the ysry nature
ofthe case.
i repeat that from the commencemeuto of
the criminal codeio the present daY. no