Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-06-03

lore NOT inserted III the lOrOcF nunOCfS OF
the Argus. But since it has already been
admitted into the other newspapers pub
Gshed IN this city, we trust we shall be eX-
cused for communicating TO our readers the
information which may be derived from it.
MONDAY, May 25
De5qte on the motion 70 commit Col aaron
Burr for High Treason.
After the grand jury had withdrawn,
(see last column, Sd page of the Argus OF
May 27j MIR. Hay renewed his motion in
the following words :---'' | now move the
court 10 commit Mr.. Burr on a charge of
high treason against the United States, on
the evidence formerly introduced, and on
additional evidence which will now be bru't
forward.
Mr.. UIc&hdm cnquired what sort If ev,-
dcnce was intended to be introduced g.
whether that of witnesses to be examined
UtTa-Voce, or affidaVits taken in writing
Mr.. Hey answered that, where the witness
es were present, he intended to examine
them, piUa-Uoce but, where they were
absent, to make use of their affdavits re-
gulary taken and certified.
Mr.. EcttS. We may have cause Of much
regret that timely notice of this arpliCati-
on was not given. From the engagements
between the prosecuting and defend
ing counsel to interchange informati-
on Of the points intended to Be discus
sea, we had right to expect that upon a
SUBJECT like this, involving questions, new
and important, we shouiu not have been
taken by surprize. Indeed from the COM
mon courtesy and candnr Of the Office of the
attorney, we might have calculated OH the
previous communication.
Mr.. Hay. If the gentlemen are not pre-
Mr. ROttS. Not one moment. We may
sustain inc0nveniencies hy being thus sud
denly called upon to act without reflection
or books, buc we should experience greater
by days delay.
The motion is to divest the grand jury of
the Office which the constitution and laws
. have appropriated to them and TO devoive
it on the court.
There is great objection to the excr-
else oi the examining and committing pow
er bya nigh law officer, who is to preside
upon the trial. He is obliged previously,
without fun hearing, to commit himself
upon the Case OF the accused. Every one
vii! agree that Judge, If possible, should
come TO the Office of trial as free from pre-
possession, as if he had never heard OF the
case before; yet, as the grand inquest is
not always embodied, it often becomes ne
ceSssry that the judge should enquire into
the offence and commit 90 prevent the es-
cape of the offender before the inquest
could be legally organized. The eXamin-
ing Office OF the judge is in these cases JUS
tined by the necessity Of the case. But the
necessity does not here exist.
This novel mode of proceeding, if carri-
ed into effect, would give the attorney for
the United States the chance of procuring
an opinion from the court UmfaVorable to
Col Burr: failing in that chance he would
then betakc himsclfto his only legal one
before the grand jury.
Why should tins court step out of its or
binary course to torestal or influence the
deliberations of the grand jury! The OBJ
JeCt OF the motion Is W thOut precedent, or
reason-against all principle and would be
most oppressive in its consequences The
history OF our criminal Jurisprudence
yields no instance of such motion during |
the session of the grand jury. 1t is unreal
soBable and against principle that the |
functions of the inquest should be suspend |
ed for the court to assume them. it is not !
only oppressive but Of piece with the !
long course of oppression, which has been !
practiced upon the gentleman whom adj
Vocate.
We might, with propriety, have moved !
TO discharge Col. Burr from the recogni- !
sance already given.
The laws of Congress have adopted our |
rules and practice III the state in proceed |
ingS upon indictments for misdemean-
ors. You were of opinion, you well re- |
member, sir, that nothing more than proba- |
BILE cause Of suspecting misdemcAnor ape
pared against Col. Burr. Even after an IN |
dictment, in Virginia, for a misdcmeanor |
nothing more than a summons can 20 against |
the indiCtce. No court of the common !
wealth ever permitted capias to go in /
the hrst instance, unless the case passed /
sub SiirHfiC. Now arrest and bail arc ut !
tcriy Incompatible with a summons Ard !
surely If an indictee cannot be arrested, !
one merely suspected cannot be held to !
Ia
The conduct Of Judge Chase in award !
ing caplas was the subject Of one Of the :
Charges in his impeachment. Mr. Hav
vchemently and ably contcndcd that a sum- |
noas only ought to have gone against Cal !
lender
J know that the court may have an inn /
preston, thatl am wandering from tho SUBJ !
jet ! will soon show what application /
the past recogniz.nce has with the motion /
now to examine the witnesses to commit /
for treason.
Notwithstanding Col. y. was committed !
uyon charge of misdemeanor, when I'M
CeT the state laws he could not have hecn
committed public prejudice has been ex- /