The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-27
WEDNESDAY,, June %.

ABOUT TWO O'Clock the Grand Trry
entered and Fir. Randolph add relied the
Court: May it pleafe the Court. We have
Z agreed upon ftveral indictments :" which he
handed in at the Clerk's table. The Clerk
read the endorsements upon them in the fellow
ing terms.
An indictment againf Aaron Burr for Treafon
" II Tige Biz"
An indictment asana Aaron Burr for a MiC.
demeanor. "H T-yms Ell"
An indictment agaRf Herman BannerhaTet
for Treafon. n TIRE Rip,
An indictment againR H. BlannerhaTrt for a
hlfdemeanor. " II Tr.e BIZ"
Mr.. Randolph then continued: Nav If
pleafe the Court Although the Grand Jury
have returned the bills; they have ftl other
fubJeSfs for their confederation, and have adj
j>urned themfelvcs to meet Tomorrow at 10
O'Clock.
4 fhort time eIapfed, when M. Burr addrcr
fed the court as bills had been found acainft
him, 1t was probable, the public profrcntor
would move for his commitment he would
however fuggef two ideas for the confederation
ofthe court the one was that it was Xithin
their difcretion to bail in certain cafes even
when the punihment death and the
other WA that it was expedient for the court
10 exercIie their dfcretion in thia inflance, as
ne ihould prove that the indictment againfl
him had been obtained by puriury
Mr.. Hay moved for the commitment Of A Burr
he ftated that if the had the power In bail bv
the Srd Sect of the judicial aGl it was only TO he
exerciied according their found difcreon and tina,
the priioner was not demand bail. beeauGe th,
court vas authorized to grant it, but from the pri-
toner's making out an adequate cafe. He quoted
Ila. 19e, prove that this dilcreton ought to be
deliherateiy cxercifsd.
Mr.. Martin. The council for the profccution
have then admitted the right of the court 70 give
bail, according 10 it's dfcretion
hir. ATeRGe did not underiand from the judicial
s1 that the diereton De exerc,d AZ this haee
of the bOiines only the time of making the ar
ref.
Me. Mr,nr. can farIl, forrofe -ha, this court
has efs power tiian the court # Kings Bench in En-.
gland, which certainly poIefes this authority sccor
ding to Hale p. 50.
MIR. Hiyf extremely fo!i5i;ous 10 DO any thing.
Compatible with his duties. which might loftrn tie
~ituatioH of the priioner. lie did not perceive the
analogy which had been drawn between this court
and the court OF King. Bench. The powers Of that
grew out Of the Common Law Of England,
whereas the power, Of this court were defined BY
Hatn,s Of our own country. What fsys the esd fec
Of .ie Iidicial A6 ? Upon all aryrG, in criminal
csfes bail iall be admitted except where the pu-
rihnent may be death, in which esfe ir fall rot be
admitted but by the fuprenie or a circuit court, or
Ivy juliee Of the fupreule court, or Judge Of
stra court, who fha txerce their dilcrston there
~ IV21urB we nature dIh cHcpaHaNcfs ni tbe Of
fence, AID 81 the evidence and the Wages OF law" is
not this enq1ry BY tie court lopped is not the r7a-
and teAmory aopped, when it is now locked
up by the finding OF the @. J ? Would it be right
for this court to 20 into al the merits Of tile cafe
which this eiaufe evdeo5Iy requires before the court
excrcile this diiero,ioul VIII the cour, go into
the inVeaigatou Of the evidence and thus throw IT,
felt hto colilion with the q. !, is obvious from
thsfe considerations well from the other words
of the law thar 1uch dfcretion does not eyia ~ his
1aye Of the bufDefs, 30, only tire time ofarrea
MIR. BIiekbom u the court Of Kings Bench pof-
fees this authority, NAL IL be commended that this
court is without it Shalt it be faid that the liberties
ef the people Of this country not 70 well eeur-
ed as ,hoie Of c. Britain thsta Brtilh fpbje2 has
greater privileges than American citizen iIt T.
laid however, sta; thiseovrt grows got out ths