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

ssrupssd = !. srrairued, bot mignt plead
oo' : s lie said that he ], was rot q, :.
by a''0so O. that indicsmsna lis was as only :.
court upoS s.c,use he had nas moved % !, os
10 cour' 1' ss.c, ,be frst Indictment. he
dissusa. .S,r oo,hiog which bad passed wou A'
h0psu,i fall consideration OF tins suojec',
pfssss:o, s.ss bsuished TO setup certain land
10 to's 80, ,vs,rh others nighs be guided,
MASS .s : o follow; aud he feared there
'sanldb BE- many.
NJ. Y;r. cuquired as io the s ,s q the
eI,mst,on which vas mace by me mere s
s.i .f,er The jury bad returned ,he'r yer.
saa ' tn. ,ususi course was (and tie one
W. s;.b had been adopted in this case Tor
of;e.r &C make proclamation It any per.
ssusw Of any trcasons, fslons, or Q.
= r,,.,irmranors committed Of done hy
~ ,.;.,,per al the bar, ies then come
s s and they shall Be heard. The pris
.s,.r :, The Bar. stands upon his deliver.
,.ee y tha,is his d'scharEs.
AZ Hau. Il wasa. frat objected that
lane, burr was 10 custody, and therefore
:. ,ould no, beslransm,usd 10 Any olher
.ssn. We are now told thar ne is not m
sustOdy.
VT. Botts wept toto leng by argamens
= orose that although colonel Burr was
mrs0,eaH4 present. he was not Legally IN
,oar,. He produced a number OF prece.
s.os from the records of the general court
C ,b;, ssa.e, as well as Of the federal court,
d ,brw that after an iudictrrD; tor mis-.
ltmtauos the regular process vas SUN.
r,n, ADD not capias by Which The body
soAdb, arrested. he relied par ic9larly
o. the opaion of judge hedeH pronoasced
i JuqdeRs case, 10 whiehshe considered
tie practice of the state courts as adapted
throughout by The judicial acs OF congress,
and On the practice 10 S'nclair's case,
which was prosecution under this very
ar,. 10 the latter ease The process was
summons.
Col. Barr observed tia, his counsel COPS
sidsrsa il question of policy DOT TO
more for his discharge Immediately. la
m5mntiag 20 give bail as to the mlsde.
rneaoor 10 the FIRST Instance, It was never
his iassniioo 10 admit the right 10 demand
il.
The ca;g 9as,ics said thai he hsd de
's.rnined, ia The FIRST instance, THAI bail
was dsmanaable, without considering the
subject fully. He thought the law was
clear; bnt he was open TO conviction
He did no, flank himself preesadsd from
full examina,i ion Of iss prop'iety.
Mr. Hay said be was not solicitous IS
to lac result Of the motion The ques.
hon nov Yves. whether the prisoner should
appear 10 The indiesmentf fora misde mean.
Or ~i'hca, bail. Whenever motion
should bs madeso dischargerhim altogether
Nshould ob}7ct 10 1t OF The ground that
treason had been committed elsewhere.
tie relied upon the act Of coreress, which
,a'd tia, tor any crime or offence agains,
Re Ari.ed States, The prisoner upon ar,
fest should be conaaaissed or give bail. He
al'o1silsc upon The practice Of the court
70 the case ct Logwood. He had no doub.
nto the application of law Of congress
'othe practice of ahe state courts 10 civil
a'es. IBIS DULY. doubts were whether it
applied 70 criminal cases.
Mr. It,ioskam considered ,h1t the sra Of
s'oefess declaring that the asaal mode of
process Of the several states in. crimioal
Eases should be adopted, was conclusive
spoa tnls question:. The act of congress
aSss he punishment, but rae proceedings
&c 70 DC according to The laws OF the Sc.
!. ssfa' states. He had no obiection 20 state
y, motives . which governed the counsel of
-. ~ pu'r, in submitting TO bail as to the
sssa Such was the irfa'Gation
!, = :, 'ae pabiic nird, sha,if the grand Jury
s'u 0ot toand asrae bill as ,o-,he treason,
wa believed that col. Burr would have
-. .u TAKEN with or without process, and
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