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

Of taole who make the motion, rather than of
the court, and others go to the circumfpec-
ton with which the teltimony in fupport of the
motion ought to be weighed, rather than to
the duty of hearing it.
II has been faid that Col. Burr already ftauds
charged with treafon, and that, therefore, a
motion 20 commit him for the fame offence is
improper. But the fast is not 70 underitood by
the court. The application TO charge him with
treafon was rejected by the Judge 10 whom it
was made, becaufe the teitimony offered in fup-
port of the charge did not furniih probable
caufe for the opinion, that the crime had been
committed. After this rejection, Col. Burr
food 70 far as refpeeted his legal liability to
have the charge repeated, in precfely the fame
lituati on as if it had never been made. He ap-
pears in court now as if the crime of treafon
had never before been alledged againR him.
That it has been alledged, that the government
had had time to collect tetimony for the eftab-
ihment of the fact, that an immenfe croud of
witneffes are attending for the purpofe, that the
profecutor in his own judgement has teftimony
to iupPort the indictment, are circumstances
which may have their influence on the motion
for commitment, or on continuance, but
which cannot deprive the Attorney for the U. S.
of the right to make his motion. IF he was a
bout to fend up bill 70 the Grand Jury, he
might move that the perfon he defigned to ac-
cufe, ihould be ordered into cuftody & it would
be in the dcrefion of the count to grant OF to re-
jet the motion.
The court perceives and regrets that the re-
inlt Of this motion, may be publications I'M
favourable to the juftice, and to the right d eel
lion OF the cafe; but if this confcquence Is to
be prevented, it nun be by other means, than
by retuiing 10 hear the motion. No man feel
ing correct fenfe of the importance which
ought 10 be attached by all to fair and i'm
partial administration of juftice Especially in
criminal projections, can view without ex-
IRENE follcitude, any attempt which may be
made, to prejudice the public Judgment, and
to try any Perion, not by the laws of his coun.
try and the teftimony exhibited againft him
but by public feelings, which may be and often
are artificia'ly excited againft the innocent, as
well as the guilty. But the remedy, for a
practice not LET'S dangerous than it is criminal,
| is not to be obtained by fupprefling motions,
which either party may have legal right to
make.
fit is the choice of the profecutor on the
part of the U. S. to proceed with this motion,
it is the opinion of the court, that he may open
| his tetimony.
| Mr.. Hay then oblerved that he was 1ruck with
the obfervation Of the court relative to pu5lica
tons;" and he would attempt, if pofIible to make
| lone arrangement to obviate that inc onvenience--
The two counieis retired conult for this purpole
| hey returned in fhort time, when Mr.. EIav OBJ.
ierved, that they could agree upon no arrangement
Col b. had refuied to give additional bail and he
himielt would acquefe in plan which did not fe-
| cure his perfona attendance. However he hoped
| that iome arrangement might be made before the
| next day.