The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-12-04

=" be casly adapted 20 yes- -s siAfi. e.. q ,rcafr
nretshing and cunt, aaug iu, the iitra;on .l the
aeeued changing ., the rays of evidence bed 5her
cnereahng light upon it. e.
But from the record Of your c~u opinion, added
to notorious as, Thali new that yey- ,eaas tor NOT
inferting in the Of commitment the charge of
tteaion, wee not founded on legal axions, nor on
facts admitted proven but were merely Eoeeies.,
s7asrfai, and baied upon understandable fuppotion
ineon1ent with facts known the public and which
is fair therefore to preiun,e within your know.
ledge.
In that part OF your opinion which conders the
6aoiity OF the oomn,ion of over, a6 of treaion,
BY aua aIemblage of men for the purpofe Of ma
king war againil the u. States, undernand you TO
have fad Of Srva,trposy declaration relied
der che fac of aemblage probable, that the u,moa
point which this tetimony be extended is tina,
1t den"tes further embodying CT men, which is
particularly mentioned in the letter tie and that il
affords probable caue believe, that the troops did
actually embody the period defgnated for Their af
ienbHg, vvbeb |eientf to rdaee f6e 4iee zvjss.
tie APPLICATION is made 10 commit for trial p"
Here is an admflon that Szusrt7osyt'y declaration
cannot extend the points of p, o5aby thar troops
did actually embody the period defgnated for their
anemblage.
Now it nun be granted, tina, q. the probability of
guilt, is all that is necefary to be proven before an
examining magiifrate and this tefi,nony afkr-
'"N''S va IL "ee iuIhCient,
and ought to have induced you, to commit "A. Burr
on the charge of treaion, nsi the probable eaufe to
Relieve the commii!ion of the act, afforded by
TINS teitimony, was done away by other equally weigh
" & oppoGng evidence.
For whenever legal evidence is addueed in court to
eHas!ifh tat capable of fuch proof, the court are
bound to conlsr the faas supported by the
violence. until other tefiimony is introduced, which
dirroves either the fupported fa&s themfelves, or
leaves the mind free by impeachng the credibility
OF the wtneiles ON whole veraciiy the belief Deepen
ded.
am warranted in going farther, whenever legal
presumption is created, that prefumption NUT Rand
until tie contrary is proven. Now, fir, where is the
tet'nony doing away the prefumption admitted tv
rife from swartwou sdeclaraton There none pro-
duesi BY he aeenci.
After admitting that Swartwou,s declaration can
furnith probable caufe believe that the fact wa.
committed (which is efficient induce the junice
to.whom the application is made, Commit Tor trial -
you require proof of the fa4 itfef yoeianz why is
1t not proved'" Let aafwer, by aii1irg where
was the neceiitY oil po1tiveiy proving the facf. if
Swartwouts declaration afford 3yobahe eaaG TO
believe, that troops did actually embody at the Pc
Rod designated for their ahemhags' which is iufici-
ent to induce the uice whom the application is
made, to commit for trial
You ak Tor farther proof of what OF that which
you have already admitted be proven luifieently 70
induce commitment
The amount Of your doctrine is, tina, legal pre-
inmPons are deifroyrd by the oh-produtson Of po-
htive proof AT one blow you annihate the whole
doctrine OF prefumptive evidence. For il the nonin-
PRODUCTION of dired teltinony deGroys prelump,ive
proof how can il exit
know OF no other kinds OF evidence, except pofi.
tive and PreiunPtise TIE prcIiiOn of psiive p,sof
certainly leaves room for preinmption and accor-
ding to your doctrine, non-t,sduefi.n, detroys the
very ex'ttenc: Of that Preiumpton. But even could
admit the legality of this extraordinary doctrine vet
tha thew that in this cafe the Production of which
you 10 much complain ought even TO buve .veaIen-
cd the trength of the preiunpton srpg out of Sart
wouts declaration, and that "your reaions were a,
leaf baied upon unwarrantable fuppoton inconff
ten, with facts known the public, aud which it is
fair therefore to prefun,- were within your know
ledge"
In my next, undertake to thew, that you have ex-
hibted cupable Paraiity towards the aeeuled, and
ihameefs foioitude lin which you failed) to impli
cate the government of your country as neggen. of
their duty-and that this imputation OF negligence
framed by your own ingenuity negligence of
doing war it imPofiible do while if the Judge
had, was hi, duty, attended to the coure of con-
duct purified by the executive, the diligence which
psrued ought have extortsd from le!s malic-
Gus magifrate, fentiments confident with the
dignity Of the judicial character and more creditabe
his Iiberahty, nead of being reproschful to his
head aud heart. LUCIUS,