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

4 ne (0f.y .THHfre delivered his opinion as 70
the proper procefs GA an indictment for mif-
demeanor of the Kind charged againfl Col. Burr !;
the reiiiit of which was, after examining the
laws of Congrefs and reviewing all the prece-
dents, that the regular procefs was a cspias.
As foon as this opinion delivered, Mr.. Hay
obierved th- he would then proceed to the Trial OF
the indictment for the mildemeanor-C. Tut. The
liiue nun be made up. fuppofe.-Mr Burr. A
letter has been demanded from the PRECEDENT of
the u S. which ha, been often promiled, bu, never
produced. with to know if that letter is.in court,
and whether ie cannot be put into the hands of the
cerk.-Mr. Hey. believe that :: is not in my poi
ieiion, for have been able to find il among my
papers alter minute iearch IL is poible that it
may be among them. Perhaps it may not be necel-
larry to produce IL, there copy of it which is
ready to be verified By the oath of more than one
perion-Mr Burr. I cannot admit copy. It is
certainly TRANCE, that after the Prefidents pron,
this letter is not here. MIR. NarHn It's within my
knowledge, that Mr.. Rodney has been to the city Of
Warrington iince the application was made for this
paper-Mr. Hay have made minute iearch a.
nons the large bundles of papers, which MIR. Rod
ney has tranirtted to me, but have not yet found
It. General Wilkinion has copy of the letter We
rined on oath &c Ja5. Unleis the Ios Of the orig
nal be proved, copy cannot be admitted.
Mr.. Burr then obervet that he fhould now call
the attention of the the fubjea of Bail; as
the opinion juf delivered by the court demands bail
that ince bail was demanded Of him on former oc-
cation, circumstances had coniideraby varied, and
lone had occurred which ought to mitigate the "a
.ount OF bail: that uelefs for him to mention
thoie eiteumiance as they were well known, and il,
would consequently be unjerRood that he was not as
able to give as much bail that it hould ALTO be reco
lected that the proiecuon for treafon had failed
and that under iuch circumstances he conceived that
halt the iun which was demanded on former oc.
Gallon was iut .:ient for the prefent.
Mr.. Bofff repeated the fame idea. He obferyed
| that in this country the ltate of mans property
was criterion for the amount of bail and tina, il
could not be expected tina, man of no property
ihouid give high bail COL Burr's circumstances
were well known
Mr. Hay differed in one refpea from the oppofite
council Col. B. had certainly been acquitted on the
charge OF treafon, but it after full exhibit
on OF the evidence. mall portion indeed had been
produced; but the greaeh part of the mott inrereA.
ing evidence had been excluded. 1t proper that
the charge for treaion ihoud be fully inyengated
ionewhere; either in Kentucky, TenneGee or the
NihiiIpPi Territory; and that MIR. Burr's perfon
ihou!d be kept fate until he hmielf could have an
opportunity OF moving for his commitment, which
he hould certainly do, oon the trial for the milf
denieanor would permit him.
Mr. Wiek5au hoped that bail would not be taken
IN reference to future motion. Col. B. bas been
tried aud acquitted. And what has been proved with
| in the fate of Virginia.
Mr.. BsfS hoped when this motion was made
that the court would fee in it attempt mott alarm
ing; and they would conlider il as germ which If
not cruhed III time, would hereafter grow up to the
extreme danger OF the rights and liberties of Amer
can citizens It belt howevert 20 fay at this time
as little about it poilibe-The government had r..
leeted particular place for COL Burr's trial; and
from the iuccefs of that proiecution the court will
eahiy argue the fate of ,hoe which might come after
! AS TO the motna which menaced by Mr. Hay If
would not be forgotten that iuquets had been area
dy held on thele acts in Kentucky and Tennefiee.
The c. JgRife oberved, that in demanding bail on
the Prefent location, he would not make any refer
enee to any charge which may be made hereafter
that on the former location, he had not taken into
view the charge of treaon ought he 20 do il on
the preent ocoaon that he thought and does ftill
think that his former bail very high FUN for
| TO bail any man in fun Fix times higher than the
tne TO which the punihment of that offence eoria
iubIect him, was certainly high fun, particularly in
country whole contribution iorbids the exaStion of
exeeiive bail but that he was difpofed on that occa
iion to require as high a bail he could reconcile
with his ideas OF Propriety. Circumstances however
had varied tince that location. Debts of civil na
ture had come againit the accuied which would ne
eeiiarliy increais the difficulty Of his giving bail I'm
der ali thee cohideratons he ihoud he content with
| the fun Of 5000 dollars
MT "H1 ingSeied, whether the taking OF bail
would NOT entange the proiecution in their motion
Tor CO. mitnlent; and whether this motion could no,
be heard before the Preient meafure was adopted-
Would not this recognizanee impede the motion for
commitment?
The CD. J15. obferved, that the court could ROT
near iuch motion at Preient. They could hear it at
any time, II the council for the Profecu,on would get
rid OF the trial for ,fdemeanor For 70 long as Mr.
Burr was bound by his recogDzance, he himief cou.
not take him out of the poeion of the court to (end
| him tn another court for trial.
Mr. Wift- Is the court then prepared to fay that
alter man is bailed for inferior offence, he is
exempt from any motioa commit him for higher
offence will not fuch motion operate TO exone.
rate him from his recognizance.
c. ]. The court have no right to hear fuch mo-
| ton
MIR. Rirf. mean no difrefpea to the court bu,
they w''l permit me to enquire, whether man if
bound only Tor 5000 dollars, is thereby exonerated
iroin any refPonbility for the preparation of fome
enornloss crime; fuch murder or trealon Does
not iueh doctrine hold ont the chance of mpunity
to every man that is charged with capital offence
| Co., JpI Does not this inconvenience arife from
your placing yourfeves in this ftuation MIR Mar
tin. The council mayeafly get rio of this difficulty
by entering NOAe Pysign TO the indictment for the
| miiden1eanor.
Mr.. Wirf. This fubjca is really important in a
fotlonai point OF view. SupPoie that this nau ihould
GO INTO another dIltrld aud perpetrae iome henous
"hence luch as murder or treaon is there no means
OF holding HIM in confinement for his trial Is the re-
cogmzancc in which he is now 20 be bound to exone-
rate hin frprn all rrrDonGbu,v2