Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-06-08

10 Be tafento prejudice their uinds: and
while grand jury IS impanuelIed. it's ina,
proper 20 Introduce the evidence before a.
ny other tribunal. Ts
The grand jury we're then requested e
retire.
Mr.. Hay. now move you, sir,
that Aaron Burr, az present before the
court, stand committed on the charge Of
High Treason against The u. S. on the q
vidence to be exhibited before you. This
evidence is partly the same with that,
which was exhibited on former examina.
ton Of the prisoner; but considerable
part Of tits new and has not been laid be-.
fore you.
Mr.. Iickdam What kind Of evidence
isit? vi0aOoce testimony
Mr.. Hay. In cases where the witnesses
safe here they will be personally brought
before the court; bnfwhere they are not,
their dispositions will be produced and
read.
s Mr.. Bolts. Wesmay have cause Of muck
regret that timely notice Of this application
was not given. Frem the engagements
between the prosecuting and defending
counsel, to interchange communication 90
the points intended to be discussed we had
Alright to expect, that upon subject like
this, involving ques,ions.new and imports
ant, we should not have been taken by sur.
prize. Indeed from the common courtesy
and candor of the office OF the attorney we
mighl have calculated on the previous com.
muaicatIon.
Mr.. Hay. IF there be the leas,sprprise
10 the case, sir, am willing 10 wave my
motion till Tomorrow, at Mr.. Bolts re
quest The. counsel for the prisoner shall
never have it TO say, that we have taken
them eff their guard. Il. to be under
STOOD. however, if this enquiry be post
poned, shat Aaron Busr mus, be consider
ed 10 stand before the court On charge of
High Treason.
Mr.. Bats. Not one moment. We may
sustain inconvenisnces by being thus sud.
denly called upon to set without re Election,
but we should experience greater By days
delay.
The motion is,o diyestthe grand Jury Of
the office which the constitution and laws
have appropriated to them, and TO devolve
1t on the court.
There is q grea, objection to the exanin.
ing & committing power by ahigh law Of
hctr, who is 20 preside upon the trial. He
IS obliged previously, wi.hou. a full hear
ing, 70 commis himself upon the case ofthe
accused. Every one will agree ,hataiudge
If possible, should come 10 the Office OF tri.
al as free from prspossessicn as if he had
never head ct the case before; yet, aslhe
grand inquest is not always embodied, it
oiten becomes necessary that The Judge
should enquire into he offence end commit, !
to ?reveat the escape Of the offender be.
fore he inquess could be legally ORGANIC
ed. The examining Office Of the Judge is.
IN these Cases, juslihed by the necessity Of
the case; bat the necessity does not here
exist
This novel mode Of proceeding. if car.
,led in,o eff would give shr astorneyfor
ths U. S. the chaace Of procuring an opi-
nion from the court unfager2ble to colonel
Bu,r-falling in that chance he would then
betake himself to his enly legal one before
the grand jury.
Whyshould this court step out of It's or-
binary course to forestal OF Influence the de.
alterations Of the grand jary.
The object of the motion iswi,hcu..rre.
eedent or reason, against all legal principlc,
and would be most expressive in iis conse.
quenees. The h'ssory OF our criminal ia.
risprudence yields no instance of such q
motion during the session Of grand jury.
Il is unreasonable and against principle
tia. he functions Of the inques, should be
suspended, for -the couttto assume them.
lis not only oppressive, but OF a p;ece