The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-27

1t; and tina, plead ret guit. to;..
Mr. I1ir'. Tie niua form requires tie adu,,
srraSnni OF tn" pri.onrr; hsvcvsr the cou,, ma.
diipeni- with it, if they think proper.
MIR Hay indifferent abuut III. farm, IS t..
law could be fsbi.snti1liy executed, He Cir,oi.,r
thar a iimp,e acknowledgement Of the priitusr ,,.s
iutfcient, without the cuilon,ary form of holJ;r~
up his hand. &c.
Cliff Jyfher 1t is enough, if he appear to the in
dietmsnt, and plead not guilty.
The clerk then read the Indictment aca;n1 t.,o.
Burr, for treafon againf the United States--wbi,h
p-enes the place OF the Overt Act TO be at Banner
hatets liland and the time the 9th day of Dee.,,
Der, 1906
When he had concluded, Mr.. Burr addrcf.d m,
court; Z" Acknowledge myfelf to be the perfop no.
med in the Indictment plead net yuiis, and ma,
n,yieli upon my country for trial"
Mr. Hay then addrcned the cour, m The v.,;
that was to try the ifiue between the priioner and
the United States. There was IN apparent incon,-
patabty on this point between the z9rh fctf of the
act OF Congrefs, and the 9Th an,endt. to RIA
Con'ttution 1t was not certain that this al <yvas
IN force IL was paied on the 24h Sept 1850 and
provides that in cafes puuihable with death. tbe
trial hall be had in the county where the offence VA,
committed, or where tina, that cannot be done with
our great inconvenience, twelve Jurors at leaf bsl
be inmmoned from Observation-Disclosures 70 this,
Cnn'htu,,onal provtion was made, requiring that the
trial fal! be held before an impartial Jury of tb.
fate and diaria wherein the crime 1ball b,y. hs.r
committed IF then this law is in force there rpa
be I2 Petit Jurymen fummoned from Wood county.
which would make it impofible to have the trial a,
an early day. Here then was the difficulty The
act was pafled in so: the amendments to the Com
fution ratified before the | 9Th Dec. I7eI>
Does then the Contribution repeal this law Had
this sth amendment formed an original part of the
conttitution would have been rear,ite tha,,
an impartial jury from the fate and dnria where
the crime was committed. Had Ccngrefs then pro.
eeeded to pats this law with the contribution thu.
woud it not be confdered violation Had il
then any force at fJir time
Mr.. MeRae quoted the Cd vol of the 20 of Con.
grets p 226, fec 2. TO fhow that the IN Law wa.
eoniidered to be in force, notwithstanding this a.
mendment to the Con:
TIE Co. JTgfiee had no difficulty on the fub;ee.
He Jaw no incomPatibility between the Law G; the
Contribution. He had no doubt that the law was Gill
in force.
Mr.. Burr had not confidered the ouea;on n,.,,,-a-
y; but at prefent faw no inconGNepcv brt,,ss,
them However, as this law wa. moi probabIv in
tended for the benefit of the accufed he conC.n,,d
| to wave the right.
Mr.. Ip't But there is another confederation Sir
Can content take away the error In Scotland.
IN the celebrated cafe of Knlaw he conf.nted RI
draw one OF the Jurymen, and afterwards pleaded
this error in bar of judgment. After long and Ella
horate argument, the court rejected his plea ,boi
there was a diviiion among them
Mr.. Martin. In that cafe, Tor VIVA, is the fam.
Weddiburn's cafe) there was but one dilsp,ierr
judge.
MIR. Hoy In the cafe Of Hardy or Tool, ana;
on was made, whether the Turv pun he -
ther during that long trial. Though rhe prifonar g.
mar eoniented 70 the propofition the court
eis intrntted the fherif 10 keep them togetb.r
MT 6off Proteited againG the delay and ipconve.
n.eoeies which would eniue from fummonng the We
nre from Wood County. He animadyerted mo, d..
rI, nd f..
Verai ideas reiPeeing the doctrine of CHALLENGE.
ne fb'5 Jri9ief believed that the proyGon ry,,
NOT apioi"tely obligatory if both parties would wavs
the right but II was much 10 If the u s ip6n.d
upon the right as il the prifoner himief had don.
IL TIE Y States nilted upon its execution the law
mutt ne executed unIeis there was fufcent eyidene,
70 iats'y the court thai fuch nleaiure would yio
Ia'e the amendment TO the contribution which re-
CURES trial TO be held by an impartial jury. I'M
e's porn hdss therefore confened it was his opinion
that the court was bound by this law
MT Ray felt no difpsfirion to t'elav the trial
ou' ~ '0u'o not think OF p'edging himfef TO fuch
meaiure without due de.iheration He would con-
iult with the gentlemen aaocated with him on hi.
point ard would inform the court of the reiult.
he council for the profecuion then retired from
oe OAR ana alter few nnres conlulta.on, MIR Hav
informed the court that they could not anme the ref
P"nno''y OF eonenting to fucn proportion the.lay,
feemed TO be imperative in its larquoe {. ,,-sIy.
m
therefore rsquef the court to direel Venire IF 70
men at leait to be fummoned from Wood county
me Cb'J fnRiee enqured what nm1b., f,onld he
iunmoned !-Different numbers were named and
'nere appeared to have been great difference in the
PaNee' ne common Law requires 4S; and cafes
were cited where not lels than 20 or 70 ;,rors ha
been iumnioned '
ne court finally decided that the entry H,orl5 1.
mace ior Venire OF 4S jurors ~ of whom =, I'd
were 10 DE 'un'moned from Wcod county
y long and defuitory conversation e6Iued ,ror d..
""r whfn this proceis was TO be made re,,,rn1tIa
VI "'"e' words when the trial in chief was 70 co,
e'enee' some contended thar 20 DAYS would H.. ,;,I
ne'%"t to fsrve the Venire in Wood eopn,, IL
"a' % "o"'d be nec@flry. The general opin;on
,r.'eu 10 De IN favor OF the In Monday in Augr
ne "''y JYf'ee would have preferred the ao7,.n
PoloIe day III confederation of the expence al ~.
convenience which would refult from, the delav ,,r
i''' innecd more import circumstances .fhouid bav.
recommended as longer period iuch as the uecsG,-
~ az" advantage OF obtaining wtnehss from, d0ant
parts OF the country. Ha"N
ne court, however, rofe without a0ign;no ,r,,
Ps'"euar period he deoifon lays over until ,b;s
'aY. he orders to be made ont for C,,,ar,,,
,s 'enre' and the times of the return TO he lsr,
o'lN' ihrie blanks are be filled up this dav Csa-
MT. Hay Informed the court ths. ,be cJe-t ,,o.
uouo'u' whether the parties laR indicted bould h..
,o"gn ne'ore the court, BY Cspias or fymn,ons.
= e mould row move for Capias-The Chief la
,e ''Pheo there could be no difficulty on the fobeH