Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-06-09

and that being apprencnSlyc lS iiitS ~ Ai1ss ~
disposedto stand this charge, he Intended, as
soon as the accused came to court next morn
sing TO move his commitment. lhls would
really. be carrying politeness beyond the or
binary pitch it would not have deserved the
name Of candor, sir j; It would N TACT have 'st
been an invitation to- the accused to make MS
escape. But as gentlemen SEEM TO DOUBT
with an air at least of earnestness, the proprl-
acty of this motion at this time, and express
their regret that they have not had time TO
examine its Legality the attorney has offered
TO wave the motion Until until tomorrow y, 20
give gentlemen the opportunity which they
prq&ess 10 desire 5; but no sir they sHllI 10.
have what they say they want, when offered
BY the attorney. another gentleman. alter
having demanded why this motion was made,
and bys that demand drawn fronythe attorney
an explanation Of his motives, has been pea
sedto speak Of the attorney statement Of his
apprehension $ an episode s. which, - al
though good poetry, he say s., had better have
been let alone; when such serious matters OF
fact were in discussion It may befcn cpl
sodc, Sir, ii the gentleman pleases; nc IS at
liberty to consider. the whole as a piece OF
epic action, and to look forward tosthe appro-
I pirate catastrophe: But it does not appear
to me TO be very fair, sls after havig drawn
from the attorney an explanation ofshas mo
tiycs, to complain of that explanation; II a
wound has been inflicted by the explanation,
the gentlemen.wh produced it should blame.
only themselves. But, Sir, where is the crime
ce considering Aaron Burr as subject TO the
ordinary operation Of the human passions (!
Towards any other mar, it seems, the attor-
ney would have been UNSUITABLE In pslng pre-
cautions against alarm and escape at is only
improper when applied to this man. Really,
sir .rscollect nothing in the history Of his
department which renders it SO very incredi
bic that Aaron Burr wouldAy froma prose
eltion. But at all events the attorney is bound
to act ON general principles, and to take care
that justice be had asainsteycry one accused,
by whatever name he may be.called or ny
whatever previous reputation he may be dis
tinguished. y
This motion, however, it seems,iis not
legal at this time, because there is grand
Jury ia-session. The amount of the po,
sition is, that although itsbe generally
true, that the c0Hrt possesses the RICH. 70
hear aud commit, yet If there be a grand
jury, this powered thecoursis suspended; :.
aud the commitment cannot be had unlcss
ia consequence of prrsentmens or bill OF
Indictment found BY that body. The ge-
nerakpowcr Of the court being admitted,
those who rely on this exception should
support il by authority, and, therefore, the
loud cell for precedents which we have
heard from other side, comes improperly
from that quarter. Wesgroand this mo-
ton on the general power ST The Court tq,
commit let those who say this power S.
destroyed BY The prcsence Of grand jury
shew one precedent 10 countenance his.
origiaal and extraordinary motion. be-
lisve, cir, may safely affirm that. mol q
single reported case or aictum Can be found
which has the most distant bearing reward
such an idea. Sir, no such dictum o. case
ought to,exis., it voold beeuareasonable
and destructive ofths purposes Of justice
sFor if the doctrine be true at all that tbs
presence of a ,grandejury suspends the
power TO hear aud commit by any o;heT
authority, il mus, be uniformly and oniver
sally true $ Ia every other case aswell as
this, and in every case which can be pro-
posed while a grand jury is sitting Now
sir, les ms suppose, that Immediately or
the swearing Of this grand, jnFy and their
retiring to their chamber, Aaron Burr had
|sbeen for the Esstsime5 Irough. 10 this sowr
--ihe members Of the evidence sea,terec:
soser the continet; the attorney, however.
in possession Of enough to justly the ar
rest and commitment Of the accuaed for
high treason, shut not enough 70 au,horise
agrand jury 20 6nd a true bill. = What IS
TO be done? The court dis.laims any
power 90 hear and commit, because there
is grand jury The grand. jury canno,
find a. irile bill because the evidence is.