The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-10-03

prove upon them, If permitted. And eont.rp.
tible IN point OF Numbers as the party under
Aaron Burr may appear, It will be ihewn 10
you, Sir, that the United States had not a garri
ION on the river, nor in ~. Orleans in the ira,
temper OF that city, capable of refninp the de-
hsns OF the prifoger. Thefe are faas which
will be in proof if the evidence il,ail go on:
and furthermore, If TIE accented and his party
may be believed, that he had men engaged, and
prepared 10 join him at the motion of his finger
m futicient force to have given battle, and in a
better cauie, fuccefsful battle, to the whole ar
my IN the f,uth. This threatened power did
not indeed rife and iiew iitels; the unexpected
v'gof OF the government, and the equally un-
expected virtue and Indignation of the country,
a;Ted them into ii'ence and kept them down.
Upon the whole. Sir. if potential force be re.
qnired, we ihall prove it in this cafe and I Re.
lieve it is by this time too apparent that the az.
temb!a;e on the Gsnl had very character and
property whi7h either law or resron re uirc to
conititute an oveit act of ievyng war.
But let ne iuppoie that you hai think other.
wife; TO whom does it belong to decide whe.
ther there has been an overt aa or rot? What
DID you youftelf decide the other day upon this
mhjs6?
Levyiny of warts faa, which mum be decided
ny the jury. The court may give general innruai
lore them, but the jury mut decide upon i, as com,
pounded OF faet and law. Two affem5lages of men
not unlike IN appearance politely may be, the one
tresionaoe an 4 the other innocent II, therefore
the taa exhibited to the and jury, ihould, in
the opinion oil the court, NOT amount to the aia of
levyirg war, the could not op the prorecuion
but mutt permit the council for the United States
to proceed to fhow the intention Of the fact in order
to enable the jury to decide upon the faa, coupled
with the Intention
In ftiet union with this opinion il
the Engli!h law. Hale, P. c. EAT
81. This court then having itfslf decided that
the quellion whether there has been an overt
act or not belongs exculively to the iu,y, it is
trange that the prIloner Aiould perlilt IN pref:
ing 1t on the court. What does he mean BIZ it !?
Such an anxious perseverance in this courf-,
certainly implies reflection either on the Jury
or the court {: it implies his belief eiths, tina,
the jury will not do him jutice or that the
court VIII do him more than iuitce If he be-
eved that the jury would do him iuitice, and
wIhed nothing more, he would be onutent 10
leave his Gale TO thSlury: if he believed the in.
ry would not do him juitce and he therefore
tries to force his caufe before the court, whether
they Will or no, may truly fay that he exhibits
a phenomenon unprecedented upon this earth
a man flying from a jury of his peers to take re-
tuge under the wings of the court Sir can
never thihk 10 NY or M Countrymen as to be-
lIeve tina! innocence need to Fly from them. Nor
will my reipett for this court fuffer ne TO ap-
prehend for a moment shat any confederation
will induce them to invad,-thc peculiar and &C.
knowledged province ofthe .jrry. Sir'I believe
that my refpett for this court, perfonay and of.
hcialIy, is too we'll known, TO appreheAd that
remarks OF general nature will be applied TO
them. Iut if, at this period, when the intel.
let,ua power and illumination of the bench is
10 numerically admitted, precedent be fet, by
which the great facts in trial for life and death.
ihall be wrefted from the jury and decided by
the bench uie may not be made
or it hereafter I'm the fluctuations of partv-
IN the-biterncts and rancour of political amino
iiiy-fome tyrant Bromly or forhe ruffian Ief
fries may mount he bench Ian tie fon, look
forward, without horror, to the dark and bloc.
dy deeds of death which he might psrpe,rate
armed with fuch s'precedent as You are now
called on to fet. But you will not fet it, Sir.
You will not bling your country tn fee an hour
10 fearful and perilous as that which nall wit.
neis the ruin Of the trial by jury. 2udder to
reflect what might be the Contingencies of fuch
An hour.
i have 6niihsd what / had to fay SIR:
thank the court for its patient and poli!e at,en
lion. am too much eXhaunsd to recapituiate,
and to fuch court as this, am fure il is I'M
necelary.