The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-03

H't the VINCE weight or evidence, II II were rev.
dy to be laid before them: But there is GER
tainly no difficulty in believing, that they are
now ready to proceed 20 trial, when the whole
evidence and particularly se';. Wiikihfon's, i;
40, preicnt.
| One more remark! Mr.. Randolph has es.
preiie6 reverence for MIR. JeHsrfun, which is
not certainly derived from trHinS CONFEDERATE
ons. llmake bat one remark, and that gem
tleman will agree with me in the opinion; iur-
yey the many peoplcd globe through ali ages
& nations, & you vii! not find man more anxi-
Gully bent upon promoting the liberty of the
people. This was certainly the idea which
Mr Randolph intended to convey.
| Mr.. K. next proceeded to Mr, Madifon, up
on whom he has not helitated to layih the mott
unreierved encoihiums. Surely then, after this
ioiemn declaration of the oldeit council for the
priioner, we Hiall hear no more about perfecu-
ton. Sir, it is ! fate OF things which it is is-
pctiisle to reconcile with the amiabe charac-
ter arcribed to tine two firf officers in the 60
vernment.
! Mr.. IyitkIam obferved that he llould offer a
few remarks the supplementary arguments of
Mr. Hay that in this cafe Col. BIS council had
| caed---they had right to cal-for the preeedcrts
that Mr.. Randolph, who had 70 ably repre-
tented this commonwealth, criminal proecu-
! tor Tor 80 years. had never known Jingle one ia
jufy this molten that however true it might be,
than the whole of the u S. yet that it then cut
up into fmali judicial dirGt. the US. at prelent
are and dat the witneles in criminal prolecuton
might have been icattered thoie diitrias, as
they are iad TO be in the preent circumstances that,
Mr. Randolph, had Represented not one OF thoie
di!trtts bur the whole, not only on this iide oil the
mountains, but beyond them and even the ancHl-
tivated region of kentucky, where travelling was
1T that time liable 10 many difficulties, and from
which it was 10 extremely laborious traniport the
witneiies to this fide of the mountain that it was
not until Kentucky had been thickly popu-
lated, that particular court had been eltabliihed
there. And what is the cafe in England and her
dependencies Certainly that iland is not equally
exteniive with the u. s. but her fube6ls may at
ls be feat,ered over the world Why
then is there precedent in that country Is it
mot puihble thar man might happen to he as far
from the Court of Kings Bench, as Gen. Wilkin-
ion is iroRi this court and yet there is precedent
to uhfy this motion.
VIVA, is the crime Is it Of 70 little importance
that thi. court upon this production of every little
affidavit ihoud content TO hear motions for
mitment This crime is Treaion (; il is " levying
of war" againa the u. S. Ard where is the proof
of IT'D Where was Col. BIS ferces? Was his army,
like that of Bayess, kept in diiguiie Wilkinfons
tehimcny elabliih this fast for it is the OPT
Mon of the c. JGee that his affidavit does at all
bear upen this iubjecl aud yet two months have
iince eaPied, and telinlony has been collected
Wilknou's depoGtien contains an improbable, myRe-
rous tale, about Key and CIPHER: Mr.. w isid that
would not at Preent expoe this tranlactOn but doe,
this my FERROUS tale conttitute treioI You, FIR,
have already decided that there is treafon in Will
kinions depolitiou; bat were the man hml.f in
court, what could he eitabfh further than his dspo
fition can DO 7"
Mr. Hay is fatised, that he has fuficient evidence
20 convia Col. Burr. No man doubts his ability, or
his inclination to dehsrge his duty. Why then does
he not lay his indictments before the Jury Beeauis
there happens to be a man in Newt Orleans and one
perhaps in the Fan Indies; and therefore g to
make affurance doubly i0re, he mutt wait for
their appearances And all this too, whilG he
gentlemen mot ferioufy protects againh oPprefion
and delay. Tho the gentleman may not be contc-
Gus OF isch ientiment; there muh fill be fome-
thing ike 1t in his heart: But whatever may be the
motive, IT.. relult to ourfelves is the fame 1t
PRODUCES delay, and all it's confequent opprefions.
No court fhouid fandion this proceeding. This cafe is
like that of Whole caule liands for trial. When
SucPGnas afIer SubP@uas have been iiiued; when
iums after iums have been expended; he moves fer
continuation OF his uit At the very fame time Re
infRs upon the Efficiency of his evidence. Surely
the would rale him Trial.
Why is not the Attorney for the u. S. ready fer
Trial He has indeed mad. computation of tins
to lbov that Wiikinon could have been here be-
fore this period and he has bedes introduced an
affidavit to ihow that express was on his way 10
Oriean, to give him early ismroons. There it'
however, nothing in proof that the drawer Of chi,
affidavit not rnpoed by this expref, or that
the express himlelf not mifaken a. TO the con-
tent. of his dlPa,ches. And how ilands the COM
! putatioI time The POa goes from Wah-
! ngton TO N. Orleans in II days Mr.. Rodney left
| this -ity in the lat Of March. The eSprefs mutt
therefore have reached ". Orleans about the Goth of
April and yet where is Wkinfon Though tbs
| MiflRippi dorOa to n Orleans, and oppoles
itrong current to ,hofe who ascend it, VET i,
is iurey reaiohabe proportion tina, on land it re-
quires ne longer time TO than to 20. And vet
Gen. Wkinioni is not here
Mr.. Hay Jays it is of no consequence whether the
Grand Jury is prefent not.--But is this COMO.
uant with the found principles Of law Is it con-
hitutionai, br, where there is particular bodT fet
apart for the inSsiiigaton Of facts, or the court
to iep IN anS rudely take this power from them p
He iays that perhaps he fla not fend up his bills
before tie preisnt Grand Jury. But trua in
God, fir, that this determination will be overruled by
the courts and that if this profecution i, ever to be
clofed, may fee the curtain drop upon i. now
and forever III, fir, the profeeutlcn obtains
po(iponement OF this trial and for wart of evidence
On their part,w might properly contend that Col.
Burr, il bound 10 bail at all ihould be held in final
| Ter recognizance than at prslent But we fhsll
wave this right Ii is not with TO dilcharge the
Grand Jury but to ie, this queiion at ref fore
yer.
! We have faid, that we were ready for trial. We
are TO- iir 10 fact as wall as in the abnrsa. The
proiceutoss fey, tkSt we do not believe Heoy to be
ready. But how the gentleman car f1rpols thar we