The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-05-30

TOT uiaI out nc wines Tor that trial 10 conc
before jury.-I do not pretend 10 under
aand the motives which led TO thofe things
It is enough that they produce the fame mil.
chlevons ELECTS upon ouilelvee. Shon,d go-
vernment hereafter with tn opprefs any indi-
vidual I; to drag him from one end of the COM
try to the other by a military force to enlifl
the prejudices OF the community agsinft him !;
they will purfue the very fame courfe which
has been taken.
Col. Burr is here ready for trial. They admit
that their teimony is fuicient to bring him be-
fore Grand Jury aud of courfe totound an in
diefmest aeaina him. Why then is this partial
ment Il is to nourih the prsjudces againli him.
Will they then Preis motion like this I Be it 70,
fir, truR that the court will ftand between the
prifoner and his purifiers; for every man is pre-
fumed to be innocent, before he is found guilty,
Mr.. NTrf.
May it pleafe your honors. The attorney
for the United States believing himfelf poflefIed
of fuficient evidence TO juftify the commitment
of A. Burr for High Treafon,i has moved the
court to that effect. In making this motion
he has merely done his duty; it would have
been objectionable in him to omit it. Yet
the council in the defence complain of the
motion and ofthe want of notice. AS to the
latter objection, it mutt be palpabe that the
nature and object of the motion rendered no.
tice improper. The gentlemen would have
had the attorney to announce to the party con-
cerned, that he was, at length, in pofIefiion
OF iufficient evidence to juftify his commitment
TOR High Treafon :--and that being apprehen-
i've he might not be difpofed to 1and this
charge, he intended, as foon as the accufed
came INTO court next morning, to move his
commitment. This would really be carrying
poiitenefs beyond the ordinary pitch: it would
hauo 1a(ar H.,
II would in fact, have been an invitation TO
the accufed to make his efcape. But as gen.
tlemen feem to doubt, with an air at leaft of
earneltneis, the propriety of this motion at
this time, and exprefs their regret that they
nave not had time to examine its legality, the
attorney has offered to wave the motion until
tomorrow, to give gentlemen the opportuni-
ty which they profefs to delire but no, fir
they viii! not even have what they fay they
want, when offered by the attorney. Ano-
ther gentleman, after having demanded why
this motion was made, and by that demand
drawn from the attorney an explanation of his
motives, has been pleafed to fpeak Ct the at
torney's tatement of his approximations as an
epiiode :" which " although good poetry,"
he fays, Z" had better have been let alone,
when fuch ferrous matters of fact, were in dir.
cuiiion." 1t may be an epifode, fir, if the
gentleman pleaies he is at liberty to conlider
the whole trial as a piece of epic action, and
70 look forward to the appropriate catattrophe
put II does not appear to me to be very fair,
lir, after having drawn from the attorney an
explanation of his motives, to complain of that
explanation If wound has been inflicted
by the explanation, the gentlemen who pro-
1uced 1t, thould blame only themfeIves. But,
lr, where is the crime of conlidering Aaron
burr as fubJeet to the ordinary operation of
M 4
t 1eems, the attorney would have been iuftif. |
'ble in udng precautions againft alarm and ef-
ape 1t is only improper when applied to
ms man. Really, fir, recoleet nothing in
ne hiitory of his department which renders il |
o very incredible that Aaron Burr would Hy
rom profecution. But at all events, the
attorney IS bound to ad on general principles.
md to take care that iutice he nad asa'nit
,e called or by whatever previous reputation |
lie may be diftnguilied.
This motion, however, it feems, is not legal |
It this time, becaufe there is Grand Jury in |
efilon. The amount of the petition is, that |
although 1t be generally true, that the court |
pofielieS the power to hear and commit, vet
it there be Grand Jury, this power of the
court is fufpended and the commitment can
not be had unlefs, in confequence of pre-
lentment or bill of indictment, found by that
body. The general power of the court being
thofe who rely on this exception
Mould fupport it by authority, and, therefore,
the loud call for preccdents which we have
heard from the other lide, comes improperly
from that quarter. We ground this motion
on the general power of the court to commit
let thofc who fay that this power is deRroyed
by the prefence of a Grand Jury, fhew one
precedent to countenance this original and ex
motion. / believe, fir, NAV
lately affirm, that not Jingle reported cafe or
4ianm can be found, which has the mot diff |
tant bearing toward iuch an idea. Sir, no fuch |
1ctum or cafe ought to exit it would be un-
and deftru6ive of the purpofes of
uftice. For if the doctrine be true at all, that
the prefence of a Graud Jury fufpends the
power to hear and commit by any other au.
thority, it mutt be uniformly and numerically
true; in every other cafe as well as this, and
in every cafe which can be propofed while a
Grand Jury is fitting. Now, fir, Let us fip-
pole, that Immediately on the fwearing of this
Grand Jury aud their retiriBg to their cham
Der, Aaron Burr had been for the firft time
brought TO this town the members of the e.
whence fcattered over the continent the at
torney, however, in pol1ef1ion of enough to
lu(tify the arreft and commitment of the accuc
ed for High Treafon, but not enough to au-
thorlfe Grand Jury to find true BILL
What is to be done? The court difclaims any
power to hear and commit, became there is a
Grand Jury The Grand Jury cannot find
true bill, becaufe the evidence is not fuficent
to warrant fuch finding the natural and I'M
svoidable confequence would be, that the
man mutt be discharged. And then, accor-
ding to MIR. Wickham's principle of ethics,