The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-13

ous 'eSosn'Aance Tor mhdeneanOr. In such
mutation, Col. B. applies to the court +, e
conpulfoiy proceis or rather fubposoa D..
eeJ 1senm to the Prslidsnt OF thr u. States com.
manding him 10 attend with certain PAPERS =
that II ne does not attend; or the papers sc
nct produced, the court may then ifYur an a..
tschnent aganft him. Now contend. f,;a
Mr.. II. that no individual charged with crime.
has any right to legal procefs, until the rx;f:
tence of his trial. that is, until the Grand In
~ nave found BILL and the profecutor has
announces his intention to proceed. Gentle
men will pleafe TO point out Isl. the conitituti-
pm, IN the laws OF congrefs, or in the common
They will in vain fcareh for precedent in III
complicated and various materials of the cor,.
mon law. The aets Of Congrefs fupply them
with no authority; and there is nothing in
tne coctitutien, which in the lesft relates r.,
tnisiu6Jeet ;texcept the 9Th amt udment. wh;ch
mott obvIouRy refers toa very different ftape
OF the profccutior from this In all cri,n;.
nal profecutions, the aocufed G,aIl eWov The.
right to afpeedy and public trial, &c. Sc. a..
20 nave compuliory procefs for obtaining W.T.
nehes in his favour, and to have the afi;e ,,r.
OF council for his defence."-yYill yrn,irms.,
contend, that this claufe relates to anv of ,h,.
preliminary fcps Of the profecution, before
the profecuticn IL itfeIf commenced Nv th.
hnaing OF bill This claufe was never in.
!ehoeo tor any of the. preliminary fteps /. for
the arreft, the ffaofporta.ion, or til. era,n;n,.
ton OF the accufed. tie otjea was to cnrc
10 every man the benefits of a as faif and i'm.
partiai.tsial y not on the examination before
tne examining masiffrate; but on the tria, !:
ano me ira, Mieit isalways held before the Pc
then that the accnted is to be confronted with
the witnefiss agaipit him; it is then that br
entitled to compu!fory procefs for obtain
ing winsfes IN his favour; it is then thar
ne is 20 have council for his defence. Ir
true. Srs that in this hrt ftage,( this in
c'pient fage as it is callsdin saihional,ir ohraE
u rs true, that a. Burr has already not one
couuiei but four; and not only counf.f in this
oitfiet, but~ celebrated council from otter
tdtss: tfr true that the clerk Of this court
mas siready iiiued fnbptsnas; but, thefe fub-
p@nas were gratpitons; and had they been re-
ruled, there would have been no law Il, COM
pei him to grant them: Blu, what do al, theft.
circumstances prove! That A. Burr has any
authority at .hie ftsgs Of the buRnefs to make
nus piefent application TO the court! Aud
even let us fuppofc that they, have obtained
1 what they require. Let us fuppofe. that thia
iunP9na baJ been i1ued; that the Preeident
h,mieif is here; that he is TO be called before
this court from Warrington, where national
| CONCERNS of filch deep weight aus impo,txn,e
~.
Mr. Viek6e,n begged leave TO interrupt the
gentleman. This was not in fact fuhprDa
for the PRECEDENT himfelf, but only for certain
papers.
Mr. Hay. Even that fnpposiion does not
tremove the premaiurity cft.le prcfent not;op.
II was about 10 ak, Sir, what is to, be dene
with thefe papers, if the Frefdent himfelf
ihould be here with thefe papers in his pocket.
! VIII lay nothing OF the panifef and many in
convenencies which would attend his abfence
from the feat of government. What would be
done with tbsfe papers /? The gentlemen can
not anfwer this queition. only am compe-
tent to aniwer it. And Why? Becsufe no
kind of nfe can be made of this evidence, until
the Grand Jury have found their Indictment
/ until have laid my bills before thcm.-WiIt
gentlemen however, 60 on upon f,ch calcula-
tons; that the Bills zvM be fent up; and that
they will certainly be found true Bills' If
gen. w. comes, and that he will, can enter
tain no doubt from the intelligence which
have heard this morning the prosecution
will certainly progrefs; and in that cafe ONLY.
can thefe papers be wanted.
There isanother little difficulty in this cafe.
! W6M is this proceis to be made re,prnabIe
Some day fnuft be named. But can the court
| politely name any day, when the witnefTes or
the papers hail be wanted' Dothe records
OF this court Indicate any particular day, when
the trial isto commerce? Sir, fucb nomins.
ton would be completely arbitrary. Let an
indictment be FIT found let a day be 6rft ,fet
for the trial; and on that day might this pro-
ceis be retuflable. But, Sir, even if dsy
could be fixed on, it does not appear. that
| this tetimony Will be wanted during this term.
IT depends upos the arrival of gen. Wikinfon
| 1t literally depends upon the winds and the
waves. The very language of ttleprocefs con-
hrms this argument. How could the evidence
be heard, before the accufed is put Upon his
1 trial Perhaps it may be laid; that this eyi.
dencs may be wanted, 10 cafe we repeat the
motionfor committing A. Bnrr for High Tres-
fon; and which we ifiall certainly atterrot. is
gen. w. does not make bis appearances. On
this point, two remarks only are necehary 70
De made. Tie hrrt L., that no fuch motion is
actually before the court and further, if any
fuch motion was made, the court would hayx
| no right to lfiue Proceis, before the commence
ment OF the trial. The conrt has no more riobt
Tor this purPofe, than an individual q sgiarste
would have; and in f&ct it was only Il .vseavz
patt, that the court did actually conlidef hem
ielves placed in this very fituation. - Nov s
fnch an application had been made 10
your honour ont of doors; is there am
law in America or in any part of the
civilized world, to poapone the examination.
until fubprna has been granted? II "a true
that evidence on both 6des has been fo1rc.
times produced but this took place when
the evidence happened to be prefent anf
there exits not imple precedent in all the
annais OF jurifprudence, wher: the courfe of IN
examination has been fufpeuded, by an appli.
eation Tor iu6p@nas, and the waiting for the