The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-05-30
The Grand Jury were taen reqdeaed to re.

tire.
| :, Mr.. Hay. now move you, fir, that Aaron
Burr, at pretent before the court, Rand COM
rhtted on the charge of High Treafon againft
the U. States, on the evidence to be exhibited
before you. This evidence is partly the fame
with that, which was exhibited on former
examination of the prifouer; but con6dera-
b'e part oft is Iiew and has not been laid before
you.
Mr. UIekba.,. What kind of evidence is it .
vis'a voee ,ehimony!
Mr.. Hay. In cafes where the witnef1es are
here they will be perfonally brought before the
court; but where they are not, their depofi-
tons will be produced and read
| Mr.. Bolts. We may have caufe Of much re-
get that timely notice of this application was
not given. From the engagements between the
proiecuting and defending council, to inter
change communication on the points intended
to be difcufled, we had right to expect, that
upon fubjeef like this, involving queRions
new and important, we Mould not have been
taken by furprze. Indeed from the common
courtefy and condor of the Office of the attor-
ney we might have calculated on the previous
communication.
| Mr.. Hay. IF there be the leaf furprife in
the cafe, fir, am willing to.wave my motion
till tomorrow, at Mr.. Botts's requen. The
council for the prifoner ihall never have it to
| 1t 10 to be underftood however, if this enquiry
be poftponed, that Aaron Burr mutt be con-
fidered to ftand before the court on charge
of High Treafou.
| Mr.. Bolts. Not one moment. We NAV fuf
tam inconvenience by being thus fuddenly al
led upon to ACT without reflection, but we llould
experience greater by days delay.
The motion is to divef the Grand Jury of
the office which the contribution and laws have
appropriated to them, and to devolye it on the
court.
There is great objection to the examining
and committing power by high law officer,
who is to prefide upon the trial. He is obliged
prevoully, without full hearing, to commit
hImief upon the cafe of the accnied Every
one will agree that judge if pof1ibe, ilaouId
come to the office of trial as free from prepoc
FELTON, as if he had never heard of the cafe be-
fore; yet, as the grand nqueit is not always
embodied, it often becomes necelIary that the
Judge mould enquire into the offence and COM
mt, to prevent the efcaped of the offender be-
fore the inquef could be legally organized.
| The examining Office of the Judge is, in thefe
cafes, fulfilled by the necefIity of the cafe
but the neceiiity does not here exit
This novel mode of proceeding, if carried
INTO effect, would give the attorney for the u.
5: the chance of procuring an opinion from the
court unfavoraele to Col. Burr-failine in that
| chance he would then betake himfelf to his only
| legal one before the Grand Jury.
Why fhould this court ffep out of its ordina
ny courfe to foreffaI or influence the deliberate
ens oft Grand Jury.
The Object of the motion is without urece.
dent or reafon, againf all legal principle, and
would be mott oppref1ive in its confequences.
i ne hItory OF our criminal jurisprudence Yields
no Initancc of fuch motion during the felton,
OF Grand Jury. 1t is UNREASONABLE and sgainft
principle that the functions of the inuueft flouId
be fufPendcd, for the court to affume them.
IL is not only opprefive, but of piece with
the long courfe of oppreffion, which has been
Practlled upon the gentleman whom advo-
cate.
We might with propriety have moved to dit
charge Col. Burr from the recognizance already
given.
The laws of Congref, have adopted our rules
and practice in the fate, in proceedings upon
indictments for mifdemcanours. You were of
opinion, you will remember, fir, that nothing
more than probable cauic of fufpeeting milf
demeanor appeared agaisf Col. Burr. Even
after an indictment, in Virginia, for mfde-
meanor, nothing more than luminous can 90
againlt the ndi6tee. No court of the common
wealth ever permitted capias to go in the
hrit inltanee, uniefs the cafe pafed Jx6 fleutio
now arreft and bail are utterly incompatible
with luminous and furely if an indictee cam
not be arrehed, one merely iufpeeted cannot be
held to bail.
The conduct of Judge Chafe in awarding
capias was the tubject of one of the charges in
his impeachment. Mr.. Hay vehemently and
ably contended that luminous only ought TO
have gone agaiDft. calender.
know that the court may have an imprefi-
on that am wandering from the fubiea. I
will ioon thew what application the paft re-
cognzance has to the motion now to examine
the wiinefes TO commit for treafon.
Notwithstanding Col. Burr was committed
upon charge of mifdemeauor, when under
the fate laws he could not have been commit
ted, public prejudice has been excited a.
gainit the Ienity of the meafure, and at.
tempts have been fet on foot through newt
papers and general Glamour, to intimidate
every officer who might have any concern in
the trial. This public prejudice would be in
created 10y the prefent motion rather than al
layed, If the neceliary explanation fhoud not
! oe made. The multitude around us mutt hear
what is pHiiing, and we cannot iubmit TO
a courie, which would further inveft the pub
| lie mind with The potion already too pIentifully
iHfufrd.
The pcrfecution of Col. Burr has hitherto
been without a check. The feizure of his
friends, his papers and his perlon; the activity
| OF the facilities OF power againft him the ufe.
OF the low engines of military defpotifm in
different departments of the territory of the
| United States the total difregard of his rights
and all law in bringing him hitber, ought to
| end the liit of wrongs of which the country has
TO complain. II was rumoured that he would