The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-01-20
1Dolue6tle.
From tie H,cRr,n WorNcf December IS,
COL. BURR BEFORE TIE FEDERAL.
CGIJDJ>

ncJ"Hee reau us charge 10 the grand Jury,
| which was no way important, only as il ap-
pcaTed 70 conclude without acknowledging the
RICH. or the u. States attorney to go out with
| The grand jury and a!iift in the examination of
wltnei'es and the giving the jury particular
directions not TO receive any matter upon infor-
mation-nor TO let their enquiries extend be-
yond the limits of the fate, by which we fup-
pole, the honorable Judge meant the hither
fllore of the Ohio, and world Of courfe exclude
all the Pittfbu, =, Marietta, Cincinnati and Jtf-
terionville huiinefs. Mr.. Ddvsifs then natcd
that two material witrefses had not made their
appearance. He obferved, that John Adair and
MIR. Luckett were abfen,, and that ht could
not proceed without them-that this was hu-
iinefs of the utmoh Importance, and he would
not hazard the ifiue by going on in the abf.nce
OF theie two witnefies. Mr.. Henry Clay, who
appeared in conjunction with Mr.. John Alien
rs the council for Col. Burr, roie, and in ieoy
obierved, that Col. Burr was only appreheniive
OF delay, that it was painful, and particularly
itkiome to be obliged perpetually to dance at
tendance upon finch charge in ,aat court.
Mr.. Daveiis perfectly underf,ood the drift of
the gentleman. Letthe jury go out, continued
MIR. d. and under the prefent circumstances in
the abience of thefe important wi,nefIes, the
charge not being proved, they imagine to them
ielves triumph. The grand Jury have been
called upon particular location, to enquire in
to inbjee which Immediately affects the well
fare OF our country. This is no common cafe,
and ihoud therefore not be too haftily dipofed
OF. Mr.. Clay complains of the painful incon-
venience of Col. Burr's dancing perpetual at
tendance upon the court. Who afkcd him to
! dance an attendance? Who has fo,icited his
pretence in court? His appearance here is en-
tirely voluntary; and will venture to fay lille
gal. In cafe OF indictment, no council can be
legally heard or recognized by the court until
the indictment is found by the Jury. This is
the practice which has numerically prevailed
IN this country heretofore, aud believe every
where elie-I therefore truft, that / llial moi a.
gam be interrupted in my proceeding. hope
there will be no farther interference on the part
OF Col. Burr and his counfel, until they can be
illegally in court.
There are number of indifpenfble wtnelTts
in this cafe and general hdAir is one, without
whom cannot proceed. The enquiry now be-
fore tne grand jury is fuch as TO require the tef-
timony of each witnefs, in order to connect the
chain or evidence necena'y TO produce convict
on. Thcehjea NUT be difintfly and perfect
ly underfpod. The matcriality of the teitimo-
ny of general Adair, induces me 10 apply 10
the court, and requeR they will direct the grand
jury not TO proceed without him.
/ Mr.. Clay was only delirous (he fail) that the
attorney for the United States would purfue
what the law of the land warrants. Something
has been flid, continued Mr.. Clay, abnu, Col.
Burr'S preienCe not being necendry and will
MIR. Dlveiis tell me this, after what has already
paiied IS his name to he mentioned, and
! is he not TO appear hecaufe there is no pro-
cefs, no deputy MARTIAL directed to take his per-
/ fon!
MIR. Daveifs replied to the court nearly in
the fame manner as before ; and ftated his right
of going OH in the budneis as dire tled by law.
/ nd -
him, Col. Burr nor his council were ounlide,c 4
IN court, and he fhould proceed as though they
were not, AS he deemed any interference hy
them highly improper. he alto lightly mcn-
toned his right 10 tXaIrne wtneles before The
grand jury.
Mr.. Clay obferyed, he undertood the con
fitution of grand jury to I've very different -
lie fhoud never ceair Che iaid) ro contend ior
the liberty OF the country. All at opcr. cnpiinu-
ed Mr.. c. the office of public attorney ipdnps
into an Importance, which never befo4c wa
heard of. ] appeal to the p,aaice # every O.
th.r court, whether or lot tie public attorney
has the privilege now coGiendcd fOr take
Tie functions of tho grand jury To be th,ic, to
lend for what witnenrs they pleaft, aud exam
me whom they plesie. They ought TO retire
and enquire of the proper pcrions to fcnd for.
Mir. DIveIis faid, that rcipecting the yrard
Jury, he was the proper agent and certainly ati
I'd under the aufpices of tie court, and he hop.
cd The court would agree with hun in oniGicn,
Tie then moved for an attachment aPainlt pc.
neral Adair, Tor non-attendance. This was 90.
poied by Mir. Clay, on the grounds that no hour
had been mentioned in the luminous AID con.
it,qurnly the attachment could not ifue dulinp
the whole day to which he was fummousd, un.
~ Wedhefday morning in which OBJECTION
he was Imported Ly The opinion of tie Judge
WEDNESDAY, December 9.
Mr.. Dsyefs roft aud Nated to the grand irrv
that they might call on him, if they thought
proper, o alha them to examine witneIics
and was proceeding to make fou,e remarks to
the foreman, when MIR. Clay interrupted hfn
and addreliing the court, obferved, that the
privilege cOnlended for by Mr.. Daveif,, was
nnvel nnr- md L. hnnrh lllt L nnrt ,r..,.II -.