The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-01-20


'iTs to give IT'D 49, poir', If either equity or .aw
! apTearsd IN lis favor but he was CO, fi'e,it
t1@' neither would warrant tie 6saiaul OF Mr.
Dls'e.s.
MIR. Davies. Although (fa;d he) I reject
me Jury and believe they viii DO what is richt,
yet believe they are ignorant OF tae plau--
| they poilefs no detail of themftiyes. lie GiL
the noit nulied attempts TO GU, oif,all inveAi.
CATION had been made on the part Of col. Burr
and connisl obftrve the proceedings before
this court; Zee the oppo!tion made to every
mcaiure ] attempt; then mark the courle OF
proceedings among the people, and fay who
Will, that The okje0 is not 10 prevent tina, full
and fair invcitgatou which would promite fuc-
GELS (? MIR. Clay fill called it novel proceeG-
ing. He again repeated he faw nothing novel
! except the appearance of col. Barr and coun!sl
IN court, and thruiiing themfrlves forward to
be heard, when the court, in ftritt legal juftice,
could not know them in that capacity, He
hoped the court would not hamper him or fntfer
! col. burf's c0unfel to interfere in the prefent
| cafe.
Mr.. Allen declared his right to be heard on
this oco alton, and he was indifferent in what
capacity he was conlidered. He wiiicd the
grand jury to attend to the ipirit of the confi-
tuition. The right (he faid) for which the pub
lie attorney contended was ofthe mott ferrous
nature, and if allowed would ctfe6t in mate
rial degree the rights OF the citizen. In mat
tiers of fact, Mr.. ALLEN faid the public attorney
had no right 10 appear; it was foley in mat
tiers ofliw that his preience is neceilary. Even
in the government OF England this is the cafe,
aud mucL more fhould it be 70 in the U. States,
where our contribution is much mere explicit
| and better defined,
Mr.. Clay cared not in what attitude he
ihould be conidered as Handing but he would
tintant!Y renounce col Burr and his caufe, did
he entertain the sllehief idea of his guilt, as to
the charges exhibited againf him by Mr.. Da-
vieis. You have heard of irquiii.;ons in Eu-
rope, daid Mr.. Clay) you have heard OF the
fcfe"s and fortunes made uf- of in the dens or
deipotifm, TO e%tort condition of the dark
conciaves and caucufts, for Tie purpo!e OF
tw'itipg toine incoherent exprc!Iion into evil
dence of gu;!r. Is rot the proie6f of the ator-
| nsy Tor the u. S Fl <.iar oLieel of terror
But all will not do all the art of The attorney
Will not cftcl his purpoic. call upon hi'n TO
produce Jingle inRance where the public at
;orney has been accufomed to examine the wit
ne!ies before the grand jury, TO found the jury
and enter into all their fccrets.
| MIR. Daviefs. Should the court agree with
the council of col. Burr, ] fla coniider it as
completely fmo;hering all the teaimony, and
the jury will go into the examination hood
winked. Upon former location, when il was
known ! could not proceed, Mr.. Burr was
grieved to the hsar;, that l could not. He ap-
FNa'NN if GONibs diid OSWdiIiS MS late lnal
had not proceeded before the grand jury, and
addfeiting the people, prayed in future that
they would pats no opinion hereafter till he wac
heard in his own defence. What follows
get better prepared call for another grand
jury; expreiles dart through the country from
MIR. Burr in all directions the grand Jury
comes and before it, comes Mr.. Burr !; for
what 10 challenge enquiry No fir, no,
il is to nifie it ; it is to diipiay Watt marage.
| rDrprlIlin,y irve A.,
was even made this morning to get the panel
OF the grand Jury altered. The innocenc.
Mr.. bnrr tries for, is exemption from pun
hhmsnt but this is dtfired to he got with as
much {, lat AS pofhbe. Great cries of perl.-
cu'"n asainG the inuocrnt NV Eur, are fored
! UP ready to i,iue againR me, if the event will
JnH6y. Ent public ciamor although very I'M
plta!int, never lIlail alter ny couffe for after
The information have received, and on which
NY mind iNplicit!y repotcs, even what have
/ htard from that gentleman, though the whole
! c9mmtifec thotIdcry out agaiuft me, aud rus
| ai'ti THIS advrnInrrr, yet would hlnd as
'ork lsii 10y the ehbing iea, ever confident that
! 4" i'nIe tame more would iind me again iurround-
Cd ty The Hood.
1r. Clay declares his confidence Of the in
nocence OF the aCcufed. ] was in hopes after
this, that he would have renonnred all attempts
to i'iile enquiry: for'ifthere is no heme, my
examination Cannot make the witneiIc6 fwear
there IS o"e; If there 10 an enterprise, ny en-
! quiiy may deveIopeit.
Col. Eur roft and adircGtd the court he
flid he WAS willing to iubmit to every right for
! which the public attorney coutendcd, that was
/ finci"ncd by law and equity bat tina. he re-
fmded Tie rights of a citizen in the ftrongef
/ light, aud hnu'd not fuhmit to any infringe
ment whatever upon thofr privileges to which
! every ci'iZsn was entitled. He hmfelf he fa;d
al been the pnhic attorney of another ftote
bot never ia one inGance did lie exercife th..
/ rlsh; Of c%amnOg wiiieIIts before the CRANE,
ijuly. Ht cxpaIiated upon the lories that had
i h,,n circulated about himieH, and declared
their iaiiiiy. lie f,id il had been reported that
three boats loaded with men, proviiions aut
arms had defended the Ohio, belonging to
him he flid they were not his, aud u'timalclv
proved to hc the boats Of Tome families who
were moving and the one with guns were tie
property of MIR. Bcrthoui Cf Loujfyille. lie
/ declared in uncqulvOcIl ttrms lis innocence.
The Judge delivered his opinion, that it had
been The practice Of every court with Which he
lad been acquainted. ior the public attorney
never to cXaminc with, llrs before the grand
Jury; but i! HE jury were doubtful Of any
mafers reliiiug to law, thar they ihould IT,
wife the public attorney to come before thcnl
and explain them. He had been a public attor.