The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-05


nor know how he could be taken out Of thar culody
and fens toa foreign jurifdcion Tor trial of another
ef.nce.
Mr.. Hay. fhall make the motion to the court,
and leave it to the court TO decide.
Cbisf Jgfse faid he did not know how he could
doit
Mr.. Hay. know how to do il. When the court
is called upon decide, and the difficulty preitnts
felt, will remove it, l do not expect TO unite the
knot, but can cut it.
Mr.. Wiekbam eon,ended tina. the difficulty Nhou,d
be removed in the FRI inIlanee. Col. Burr was now
in cunody
Mr.. Hay obferved, that il was obvious the.quetion
did occur till the called upon 10 tranf-
NIT the accued. TheH the difficulty will prefent it
felf and not before.
MIR. Boifs faid, the fubje6 prefented two auctions,
to ssmpif and the other to tranimit TO foreign
court. Which was the mott regular in the order of
! Proceedngsl Surely the Commitment Suppoie Col.
bBurr had been in cuody, and bound RIVER in an
other ecurt-Could this court ad upon him till he
was discharged from his proiecuton there!
Mr.. WietbHn, after making fone obierva,ons as
to the courie of proceedings in this cafe, fad, tina,
this might be iport to the government He would not
lay it was death to Col. Burr; but it death
very individual whom the government might think
proper to perlecute
Ckif JEfiss. Thi, commit, the ditri6 Judge
s'as/~Tiss But why commit for cufody He is area-
dy in outody.
MIR. hey. The application to you Sir, is to commit,
1t the aitri4 Judge ihoud find any difficulty, upon
snqnirins into the circumstances, it will be removed
CLIFF Jsfiee. The only doub, is whether this
is not bound to hear the whole cafe before decion
is made. Suppoie the motion had been made before
the diiri& Judge, might he require decfon up
oil the preient indictment before he committed p
(AfSer examining the law) The c. J. fad, that when
perion was to be tranfmitted to foreign court
If the offence baiable, the court was to take
reeognizance Of BAIL Now, the take a
recognizance TO appear in another court when the
party is bound to appear in this
This court is bound to fpecify the cour, to which
the accued is to b. fent and the d-iri9 Judge is
bound TO iend him.
MIR Blannerhafett and Mr.. Smith were brought
into court by the Martial
Mr.. Hay ob.ervcd, that the three perfoRs then be-
Tore the court, all Rood in the fame ftuations and
the fame difficulty applied ALL He regretted that
the court had no. expreed opinion before the pri-
toners had been ient for. He not dfpoied to
ditturb the opinions of the court; but would go on
with the trial tor mifdemeanor aganil Col. Burr
he clerk was about read the indictment for
mlidemeanor, when he was interrupted by Col Burr,
who laid he was not be arragned, but might plead
by attorney. He iaid that he not in court upon
that indictment He was only in beeaufe he
had not moved to be discharged from the frt nd6t-
ment He hoped that nothing which had paTed
would prevent full confederation of this fubjea. In
this cafe ne wihed to fet up certain land marks by
which others might be guided, who were to follow !;
and he feared there would be many
Mr.. WirI enauired as the effeta of the procla-
nation which was made by the MARTIAL after the jury
had returned their verdict. The ufual courfe was,
(and the one which had been adopted in this cafe)
ior the ofieer to make proclamation if any perfon
knew oil any trealons, felonies, other mfdemea-
nors committed or done by the pri(oner the bar,
LEI them come forth and they fhall be heard. The
priloner at the bar itands upon his deverance, %
that is, his dyje5argr.
HIr L. en- 4 -
was IN euitody, and therefore he could not betranr-
United to aay other court We are now told that he
is in cultody.
Mr.. B't's went into lengthy argument to prove
that although Col. Burr e0rsoy<aHy preient, he
wasnoe legally IN court. He produced number of
Procedens from the records of the general court of
This Rate, as well ofthe Federal COURT to Thew that
AFTER az indictment for miiemeanor, the regular
Proceis was /uwvsonf, and eaba5 by which the
body could be arre0ed. He relied particularly Oil
fhe opinion of Judge 1-edN pronounced in lluaasHs
cae' In which he condered the practice of the Gate
courts as adopted throughout by the judicial act Of
Congre' and on the pra6ce in SncIair's cafe which
was prevention under this very a9--In the latter
eaie, the pToccis luminous.
Vol Bur oblerved, that his council conGdered il
eues'ion ofroliey for his dfcharge IN
mediaeiy- In ubmNting to give bail the mifde-
Ineanor in the fri inance, it was never his intention
to ADMIT the right to demand it.
ne L. J59 fad, that he had determined, in the
hrn Inisance that bail demandake, without cor
ildeting the fn6jsa fully. He thought the law was
clear BIZ; Ae was open TO conviction. He did not
tt'nk hmlef precluded from full examination of its
Propriety.
MIR. Hay fad, he was not foIcitoas as to the re-
frlt ct The niotioH The qneRion now was, whether
the prifoner fiould appear to the Indictment for
Inhdeneannr without bail Whenever motion
isould be made TO dicharge him altogether he lhouId
opet to IT, on the ground that treaon had been conn
mHted eitewhere. He relied upon the aa of Con-
Eres, which 1ad, that for any crime egtaee sgana
'he u s. the priioner upon an arreH ihould be com,
united or give bail He alto relied upon the practice
OF this court in the cafe of Logwood. He had no
doubt as 70 tie application OF the law of Congrefs to
the Praeticr Of the Gate courts in civil cafes His on
~ doubts were whether il applied to criminal cafes.
Mr. Witbam conGdered that the a6 of Congrefs
declaring Shat the glsai 7od Of ProeG Of the ieveral
ita:es ~ Criminal cafes lhould be adopted was copcln
hve upon this quelion-'The act Of ConErel, fixes
the punishment, but the proceedings are to be accor.
ding to the 1ws Of the everal nates II h1d no OBJ
jettSnn to rate the motives which governed the
lei OF Col Eurr, ~ iubnltting to bail as 10 the mil
demtanor. Such the nfatuation of the public
Mite thai II The grand jury had not found true bill
as to the ;realon, it believed that Col. Burr
would liave been taken with or without proeels and
tent {" tsre other place. He therefore gave bail as
10 the ndeneanor, in order that he nlight be under
The riotet;ion Of the court.