Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-06-26


vet il Il surely reasonable proposition
thar On land i requires NO longer time
70 come then 70 go. And yet Gen.
Wilkinson u not here! { .'~:s... III.
. M. Hay says it is Of no conse quence
whether the Grand Juryis present or
not.--Bnt Is this consonant with the
sound principles Of law Is II eonstitu.
tional, sir, where there is particular
=. body set apart for the investigation of
, acts, for the court TO step in and rudely
take this power from them HE says
that perhaps he shall not send up his
bills before the present Grand Jury.
Butt trust IN cd, sir, that this deter.
mination WILDE Sverruled by the court;
and that ifthis pvbsecution 10 ever to be
closed, We may lee the curtain drop up-
on it now and brewer LII, sir, the
prosecution obtai1s a postPonement Of
this trial and for lwant of evide nee ON
their part, wesmght properly contend
that Col. Burr. III bound to bail at all,
should be held in Ssmalier reco9nizance
than at present. But we shall wave this
right. It Is not or wish to diseharge
the Grand Jury bat % SET this question
at rest forever. .'* ~
We have said, that We were ready for
trial. We are so, sit, in fact as well
as in the abstract. The prosecutors say,
that we do not believe thfm to be ready.
But how the gentleman can suppose that
we mean to pay SO poor a compliment to
their varacity as to BELIEVES that he acts
upoR his own facts as If he himself did
not believe them p DO true
-, The gentleman, sir, has warmly Gu.
d. logised the present administration. As
: q private citizen, sir, no man has less to
say with the polisits Of this country than
myself. That gentleman has drawn a
picture Of our national prosperity !: and
4 am happy t. hope that It is true to the
life in every thing one feature only ex.
Z cepted. What, however, viii he say
of the persecution Of my client? Sir,
let that gentleman draw the most ami.
mated pictures of our happiness whish
his imagination can supply let them be
= howsosver cheering or howsoever Just,
it will DC but little alienation to the
= wounds of my prosecuted client, that he
is the only man in the nation " hose rights
are not secure from violation.
y...,- Mr.. Burr then rose and addressed
the court to the following effect:
= lam not, ! hope, sir, wasting the
time Of the court upon the PRESENT ocea-
= .iA-: tt. notiopproposed is admitted
on all hands to be shportant and il il
= certainly new ons Perhaps it was To
have been expected that on point So
novel, some proceed nts would have been
-Ptedueed: but in this expectation we
have been disappointed. Its novelty
will, however, reproductive ofanother
effect. 1t will stilI better qualify IL for
making another small feature in pictur.
Of expressions and grievances, which
have never been patalleled in the record,
oferiminal Law.
he case is this no man denies the
authority Of the court to commit for a
crime: but NO commitment ought to be
made excerpt On probable cause. This
authority is Necessary; because policy
: requires that there should be some now.
er 10 bind an accused individual for HI,
personal appearance, until there shall
L be sufficient time to obtain witnes.e.
for trial. Bur ibis power ought to
be controlled as much as possible.
The question in the present case !.
whether there is probable cause ofeuilt
and whether time ought 10 be allowed to
collect testimony against me. This
time ought generally to be limited but
there Is no precise standard on the, sub.
jeet; and much is of course left 70 the
sound discretion Of the court. Two
months ago. however, you declared
that thsre had been time enough to col.
lset the evidence necessary 70, commi,
On probable cause: and surely if thi.
argument was good then, it is still better
neIO.
AS soon As prosecutor has notice ol
. crime, he generally looks out for wit.
nesses. il is his otiectto obtain proba.
bic cause for committing the accused,