The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-16

although not prcicnt ut iIard at tie
time charged in the indictment, did in fstt ieVs
againa the United States at that tinesnd place. when
Mr.. Martin interrupted hr, and objs6 ed 20 his fay
ing any thing abolt the evidence whi. had rot been
heard. Here deful,ory CONVEX atiou toni! place for
few muutes; the couniel for she u. States dcc.a-
ring that they ready to introduce the evidence
it permitted; and Col. Burr and his council object
ing TO the evidence l,eug admitted and infug that
nothing fhould he faid CONCERNING it,. But the Co.,
JEFF. iaid that Mr.. McHae had right 70 fthofc The
eziience of any evidence hich could by pt.ibility
be adduced rroSv tie priioner guilty, the
on was 20 exclude al eyi4.Ht-. Mr.. MeRes proece
ded-can airy periou doubt alter hearing the ten'o-
ny of Gen. Eaton, Commodore TrIxson, ard the
Morgans, the treaionabe Intention Of the prioner !?
The credbility Of all thole witnsGes is unimpeaeh-
ed and Eatons evidence is e'iiely the p5int
There MIR. INeRas took review OF the evidence
which had been ntrodEc sd Suppofe, in addition tn
all this, we can prove that the men who
Blannerlaletts iland came ,hither by Aaron Burr's
direction that he had affixed IN the enlamen, of
them; tia, he had furuiihsd prcvous for their iup-
port and rurchafed boats for their uie that he
waiting for them the mouth Of Cumberland thar
he had Entthem orders TO 4 froa, the iAand without
delay, fice the Phi'inines" would f'orty be upon
them that they Joined him the mouth of Cunlbet
a and put themieves ua.ie, bis eo-wand; and were
thea al ayw,d by the priloner iupPoe 1t ihOud
be proved, that afterwards vixen body Of Eii.ilia
in the river, for the purpcie OF conceaiing thsin ;
would any rational perfou doubt whether ne wss
guilty or trraon We have authorities to flew that,
even in England, he would he ooniderei prirci
IsI traitor and indicted iuch. Jho!e authorities
prove that perf,n who enliGs men Tor reaicnahle
purpcFe Who ass in concert, aud in league with
then; and though not The fpo5, acts eliewhere ;
is prrepai traitor and that al thee ale different
eveyt cos of the fame trsaon.
Ius MeGrs. IPiesbau and RznGoiS5 have introdu-
ced certain authorities, on which they pretend that
mu1 rely, and have attacked them arbitrary
aud orpreiiive; as fpringng from 'he cruelty of judi
ges like Lord Coke, whom Mr.. Iyissbam declared
to have been without bowels ard Mr.. R4a6aipb with
out heart. will read one of thole cafes (Tb,oek-
spoyt0nr cafe ] ST. Ir. COZ TO lhew how differently
conIti'uted the court who tried 11yolkmOyf.n was
from this court; how widely dinimilar the ,uation
and treatment of Adron BV'r during this trial has
been fiom TbsoImorten's before the commiilioners
who tried him and demonitrate that that Gale has
nothing TO do with this.
MIR. MeRae then r. ad large part Of 11roeknor
tons cafe; from which it appeared that council
was allowed him books were withheld from him !;
he was not inened TO by the court and conleilons
OF Others read evidence agaiuil him without
proof of his oonnnexiou with them. He irongiy
oontsit.d with thoe tyrannca proceedings, the ad-
vantages which Aaron Burr had enjoyed during this
proitcution. Whereas Throckn,orton had
Sci, .<ayou Burr has FIX, moi able and learned in the
law one Of whom attorney general of Mary
land another has been attorney general OF the United
States tiitd for many years filed the fame office
i'll Virginia, ard afterwards the Office of attorney gc
neral for the United Sares. and the proner himlef
was attorney general of the fate of New York.
Throck morton was allowed no books bu, the prilon
cr has had the ufe Of car. loads If them both in &
out of court Infcsd of not heing linened to, him.
ief and his council have had uncontrolled freedom Of
ipeech, aud have taken unexanPled liberties with
their opponents and with the government. And, 10
Tar are they from permitting conteons OF others to
be read in evidence aganf him) they en-
dsavorEg exelaie altogether any ,et;rnony the
part Of The pToiccption MIR. EzeRae obferved, thns
the counfei for The United States though, OF
drawing any au,hbrity in their Favor from that cafe
and that luch Intention ough, never have been
attributed 70 them, for they abhorred and detened
the cruelty and the tyranny ofthe proceedings aganA
the pr,(s:m-1 Prfouer in ia! cafe.
Mr.. WIek5am has ALTO referred to cafes where &C
eenores after the fat were indeed before the con-
Vision Of the PRINCIPAL; End infatuated that
Obliged refort fch cafes in fpport of this pro-
fecu.ion. Blu, 60 not rely upon any iuch cafes.
no part of the evidence goes prove 4aron Burr
81 acceiiory after tie fact. He the AIsba and
0mSga, the body and the Jsyi IF t5is fresn not an
Heef5,y At all, but principal; and tie Diff among
al the principals.
Mr.. AfsRae proceeded to anf'~er the authorities
which Mr.. Wiekbam had adduced in fupport of the
petitions C attended Tor on behalf oftie priioner.
For. p g aud 90, Had been cited to Ghew that
man be Indicted Tor Ct Snlefsh were
petfonaly preeot. He ohferved that thole cafes
ther he we'd tha after proving the overt a q laid in
the ndSlmeut, additional overt ass might be given
in evidence 70 ihew the quo anime of that which
proved hl. proof 81 the ee,j5iN prefence of the
accb!sd necsi4ry charge n;m with the overt
al Cf hq.ying war. TIE quef,iou whether !uch aelu-
.! prefel.ce be Deeehary dl not thole cafes
Foaer P. has been af5 referred 90 by MIR. EieI5ar7
Ter the fame purpofe but the examination OF the PAT
faye referred 70, VIII feryc iew tlat it proves nO4
Hitg coHeersug any Aga'Ae;foa whatever It isa
nsre rota bsne, Rating thar pctlons who not
concerned IN the partcvlai acl IN that psfage
Iner'oned were not ind aed. Lord B1!msinOs cafe
g St. Tr. 6C5) had ALTO been relied on /; bur FIR
EEeRoe United did apply. f!ie only real gueai-
on ia that cafe was, whether the offence could be
proved on different day from that laid in tn. nd.a.
REM. Although Lord y. was not at Csr1s via.
the fo"n was taken, he admitted TO he prince
pal in that tre4lcr; hscarr, Independently Of o.
TIER overt SAs provrn assnn him) tie fan OF bis
having been n Grill afterwards with body Of mtn
wa, alto proven.
10 ST. Tr. $50, and Hob. o9 we're quoted to
Flew, that, if an aa not criminal by the common
L." is made e. b. Rlute, aeel rcs in fIoh cafe are
70 be Judged oil n conformity to- connoA law prin.
eiples Mr. AfeRae laid that he Rad W., read the
cafe in Hobart; but the faGasc referred TO in The
Fate tri.ls was only the sfsuucat 81 a lawyer and
rot the opinion Of court. But this qneRon, fad