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

No reference to the charge Of treafon. But
that the evidence not having yet beeG fully ex.
nibIted on the prefent occafon, he could no,
be ,upp0ied to demand bail, from the me
confederation
He ohferved that fome probable evidence of
S''he nlutt always appear sganit perfon, be-
fore hs Can be required TO give iecurity for lis
appearance; but that before this could DC dong.
the aocuied might make his eicspe that 10
common cafes where 4 man is brought before
4 niagihrate, the AREA is ptec ,ded by an affi-
dav't, which furniih,s the probable cauf, :;
but that in the preient time, Gel. Burr wss not
IN thqAcuaody Of The court and the eyidsace
was necet!ary to be exhibited.
He obferved, however, that it might be pro.
per to demand bail for the mere purpofe q iecu-
ring the perional attendance of Col. Burr, until
the motion for his com ointment vas 6uaIlv de-
cided; that taere was peculiar ernbarraiIment
however in the prefent cafe, ar,fiug from the
very nature 0s the motion at this particular
crliis, which the court mott feniihy felt and
WHOA they would not helitate TO expreis Col.
Burr was likely to be brought before the grand
inqneu OF the nation. on an indictment fer
treaton ;the motion for his commitment oecef-
iahly comprehended the fame queGion; were
the court to pronounce its opinion on this mo-
? tor, it would have 10 pronounce an opinion
both as tr the law and the evidence, and on I
cafe, which was likely 10 be laid hefcre the
O. ]. e even before thcmfelves in fome uterior
Rage of the proecution, ought then the court
To pats decifon, which might prejudic ate the
ultimate quenon, and commit their own opini-
on on the mott enential points of the cafe /:
Touched by thete considerations, the CHEF
Jyjfies obferved, that be had MOT fenlibly felt
the embarralImen. OF his fituation. and that he
had determined not to have given any opinion
the motion for commitment, until it was ,,if
unttly aicertained that the bills of indictment
were not to go out daring the prefent term.
IT therefore Bail was 10 be demanded from
Col. Burr on the prefent location, it mutt be
ditinttly underhood that the court intended TO
pals no kind of opinion upon his innocence or
guilt; and that it was demanded merely for
the Purpolc OF iecuring his perfonal attend
ance, and not beeauie they confidered that
there wasor was Tot probable groof of guilt.
Mr.. Burr. never will admit, Sir, that there
is a tuffcient reafon to demand bail from me in
the preJe1t nitance, for ftand upon the BATS OF
the contribution {; which requires at leaf proba-
BILE evidence for commitment. IF the atior-
pey of the u. S. puriues this obje9, therefore,
be will be completely difappointed. But, Sir,
the Court has eonfeiisd, that they are per-
iionaIly under fone embarrafinsut ; traits with
me a material confederation. [ "'il do any
thing TO relieve the court. l am willing, If it
be any accommodation TO them, to give them
additional bsii. Let the Court only place il at
fuch fun as / can give, and will do it with
the utmoft cheerfupefs.
Chief JnGice. The court does certainly feel
itfelf IN an embarrsfing ituaton, as they would
have TO decide both on the Law and the fact
They however with to fix upon no particular
fun. Let the opPolite council coniuit toee-
ther on that point. Mr. Burr obferved, that
he hoped the fun would be moderate one !;
as he was uncertain whether he could get bail
for hngle doiIar.-Cbief cc5nfies. It is TO be
undrrftod thar the bail now TO be given, will be
in addition to that in which Col. Burr is AREA
dy bound.-Mr. Martin. Col. Burr, Sir, is
not before the court. He can only be brought
before them by the finding Of Grand Jury, or
by warrant from the court in it's capacity of
confervator of the peace.-BTr. Hay. under
fand the court to fay, that they conceived
themfelveS bound to fecure his perloual attend
ance: but that their ohjea was not TO commit
themfelves as to any opinion which they
Ill q. 81 a.