The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-03

Inc cafe is this: no man denies the authority
OF the court to commit for crime bu, M com.
niitmeBt ought he made except probable
eauie This authority is n-c.Ha~y; becaufe poll
| cy regnrcs taat tterc fhould be fcag power to
bud am .ccvied individual for sis perlonal appear,
see, unit! there fali bzsn ipiicic.it ire obtain
~i.ne;its far AIS tei4i B,r TIM. power ought b.
confronted much as polibe
The Gaeilion nthe preient cafe is whether there
i' probable eaule Of guilt and whether tiu,e ough,
to be aiiowedso eoiiees teltimony again0 This
time ought generally TO be rnitted but there is
Preeue itand2rd ON the iubie&; and much is Of
e"urie lett TO the found fcreSon Of the Two
months at,o however, you declared thar there had
been time enough to collect the evidence uecelary
to commit on probable cauie and iurey If this
gument was good hen, it is fiil better
as loon as l proieeutor has notice OF crime, he
generally looks out for wneGes, 1t is his Object
oeta'n probable cautc for committing TIE accuied.
1--WE months ago, high authority declared that there
was crime, that WAS at the head of & 1t nenti-
oned the very place tco where the crime 'ras in
itate of preparation. The principal witnefs agailn
me is iaid to be Mr.. Wkinfor. Now fronlwhst peri
cd sthe time TO be computed III from the time was
iuipected, five months if from the time when vas
ieized, 9 months isit TO be only computed from
the time when committed 70 that it is near 40
day nce the notice n;ua have arrived at New Or
ears. Buta vefel navigate, the coatl from N Or
leans to Norfolk. in three wecks--I contend, howe
yer, that witneilss ought - be procured from the
very time when the crimes fad be committed.
There is then noapolosy for the delay of the rroesu
ion as lar as reipeest only perlon FOR whom an
apology is attempted to be made.
There other ferrous ooi, iions my fituation
Mutt be ready proceed to trial True, iT, but
then 1t MAJ be III their way. Are then en- e.
quail term, here !? Certainly NOT.
And again aiIidavits. The y. s. can have
compulsory procefs obtain them but have no nch
advantage. An eyparte evidence then is brought be
m ry-- h.
evidence one ide only is exhibited, bur if had
| mine alto to adduee, it would probably contradict
and countsraa the evidence of the United States,
Well, fir, and thelc affdavts pu, into the Newt
Papers; and they fall into the hands Of the Grand
Jury. have fueh means as theft. fir and where
then is the equality between the government and
lmyflf9
The opinion Of the too is to be committed
sganlt me. Is this no evil!
| a fuflieient anfwer, FIR, has been given to the
argument about my delay; and its disadvantages
to rryfeif have been ably developed But my
council have been charged with defamation agalh
the government Of the u. 81 certainly iir, iha
not be charged with defamation. But furey it il.
an eitabDilhed principle fir that government is
70 high TO be beyond the reach Of criticim And
it is more particularly laid down, that this vigil
lance is peculiarly neoeiIary, when any go
vernmeat iGfiitutes proieeution, and one reaion
is,on account Of tie var dhproportion of means
which exits between it and the accufed. But If
| ever there was a cafe which juaiicd this vgilancs
it is certainly, the prefent when the govern
ment has difpayed iuch activity, IF
then this government has been 70 peculiarly a2iYe
againif me, it is not improper make the sleriien
here, for the purpoie OF incre.tiIg the circunI-
ipeai ion oil the
| Mr.. Burr obferved, that he meant by perfecucion
the haraing of any individual contrary the forms
of law and thar his cafe unfortunately preiented
many nfances Of this deicripson He would ners-
y fate few of them. lie iaid that his friends had
been every where feized blythe military authority ;
pra Slice truly cononant with European deipotlims
He izid that perlons had been dragged by con!psllo
ry procefs before particular ;-i5Enals and compelled
to give taGiniony aganit h,"r. E1is papers too had
been leized And yet in England where we fay they
know nothing OF Liberty, gentleman who had been
leized and detained tive hours in back paTiOur, had
obtained damages to the amount of 1000 guineas.
He iaid that order had bsen iGued kill hin,
he defending the MiiiifipPi and leize his pre-
perry. And yet they could only have killed his per-
ION, if hs had been formally condemned for treaion
f1e fsid thai Po- Offices had been broken open,
and robbed Of his papers that in the NiiifiPPi
ritory, Indictment about to be laid agaIn
the PoGaMa,er that he had always taken this for
felony; bnt that nothing ieemed extravaganza
be forgiven by the anabe morality of this govern
ment ATr. Earr iaid, there ieened 10 be fonething
Mingled in the!e proceedings, which manifsfed
more Ulual inclination to attain the ends of juiice.
10 perhaps, tEtilES
were OF no account; but what then to be lad Of
thoie and other mesures, iuch the fufpeniion Of
the Habeas Corpus act, which concerned the whole
nation !? If in the Aand OF C. Britain fuch inca.
| lure calculated produce 70 msch diiturbanee
what kind of fenlation ought it produce in this
| countryf
| Our Preiident fad Mr.. E. is lawyer, and
great one too FIe certainly Ought to know what
1t is that eonAutes war. Six months ago he
proclaimed that there was a civil war and vet for
Tx months have they been hunting for it, and niil
cannot lind one fpot where it exiaed There was
| to be iure, MOT terrible in the ncwfpapers
but no where elfe--When | appeared before the
Grand Jury in Kentucky, they had no charge to bring
againit me; and confequently dlimi1ad.--
When Sppearedfor a lecond time before Grand
Jury lin the MiHiGPPi Territory ther. was nothing
to appear againit me; and the judge even told the
U. 9. Attorney thltif he did not fend Up hi, bill
before the Grand Jury, he himelf would PRO.
eeed to name as many Of tha wituefes as he could
--and bring it before the court Still there was no
proof of AT length, however, the SpanisrG.
invaded our territory and yet there 10 war But
Fir, if there war, certainly mau cannot IRE
tend to fay that the government is able find out
The ioene towhieh they have now huntedit is only
500 miles diaznt; md Kill there is 10 evidence te
prove this war.
Mr.. Kurr regueled the court 10 confisr the con-
iequeuces which would relut from a commit
ment fer treaion thdt II he were bound now, the
| law Of Virginia declared that he hould 10 roliain
till the next term that this delay was the very in