The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-05-30

0rand Jury! fhey might rs well prOpotc
that we hould inhmt the bill ol indiSlinsn M q,
The court and dehre them to FAY, whc,he, il is
4 true bill or not. This would indeed be m.
/ (" hitting of powers" of which the gentlea,.,,
complains. hsi,i is, FL, there is no manner ~
coi''iien hetweenths F"~er which we call No.
on the court 10 cz=rciic aud the proper nav
er OF the Grand JGrY. The iaices arref and
commit FOR iafe- keeping then cofles the func.
ton OF the Grand lnry TO decide on the truth
OF the indictment exhibited againR the prifon-
er. The two oiliJSs are daiEcl in point Of
time and totally different in their nature and
Objects. 49,, -
But it is faid that ",here is great inconveni.
ence in fubmitt;ng great law officer to th.
necefity of expecting an optimism on the cr;ne
on motion like this )" =" ih,s the Judge. like
the juror, fhould come to the trial with hi.
mind pure and unbaTed." This areument
does not apply to fbe Legality of the power
winch we call upon the court TO exefcife: If
goes merely to the expediency of exerciting
this power; and if the argument be true the
court ought never to commit whether tn.
grand jury be fitting or pot.-This, however.
sir is matter for egiflation, not for judicial
confederation. Whenever the legislature fhali
decide, by the force of this argument. that the
court which commits fliall not fit on the trial
IN chief, motion like this will become inpro-
per; at prefent, however, the legislature has
eft this power with the court !; and we claim
Its exercife for considerations of the mott frr;.
Gus Importance to truth and iuitice s
But, Sir, we are told that this nve itiyation !,
calculated to keep alive the public preiudices
* we hear great complaints about theft pub-
nc preJudces--the country isreprefented a,
being filled with INTERPRETATIONS and calum.,
mes agalnlt Aaron Burr-the public indignant
on 1t is faid is already fufficiently excited
This argument, ALTO, Sir, has no apple alton To-
our right to make this motion: it does not ;,f-
tecf the legality of our procedure.--But if the
motion is likely to,have this effect, we cannot
help it--no human inititution is free from in
convenieneies-the ccurie we hold is LEGAL
one--wlthout tia necctiary one---we think.t
duty. Iii no anfwer to us then to fay that
IL may produce incouveniencies to the p,ifon
er. But let lis coniidcr this mournfu tale of
preJudices and the likelihood of their being cx
cited by this motion. Sir, if Aaron Burr be in
nocent, inftead of reiiing this motion he
onght to hail it with triumph and exu,ta,ion.
what is 1t that we propoGe to introduce Not
the rumours which are floating through the
world mot the talk of the multitude-por
'ne iPecuiatioIs OF newspapers but fbe epi-
aence OF tadJ; we propofe that the whole evil
dence exculpatory well as accufative G,alT
come before you-infead of exciting, this ia
the true mode of correcting preiudices-thc
world which it is faid has been milled and in
named by falfhood, will now hear the truth
let the cafe come outlet us know how much
OF what we have heard is falfe, how much of IL
true--how much of what we feel is prejudice
how much of it is fulfilled by fact: who ever
before heard of iuch an apprehension as that
winch IS proteiled on the other lide Prejudice
excited By eDiaence! Evidence, Sir, is the great
correcfor of prejudice. Why then does Aaron
Burr fhrink, from it? 1t is ftrange to me that
man who complains 70 much of being without
caufe illegally feized and transported by a mi
litary officer, fhoud be afraid to confront this
evidence. Evidence can be promotive only of
truthful repeat it then, Sir---why does he
fhrink--wby does he ihrink from the evidence
The gentlemen on the other 6de can give the
anf"r-.. GU our PAN ES,dv to int,A
duce that evidence.
Permit me now, Sir, TO turn TO the act of
Afembly which has been read by Mr.. Wick.
ham. Into what embarraflinent mutt the in
genious and vigorous mind of that gentleman
have been driven, before he would have taken
refuge under this act of afiembiy? 1t is but to
read 1T, to fee that it has no manner of applica-
tIon whatever to this molten: that it applies
to the cafe of a perfon ALREADY cons,nitted--de-
claring that Gleb beyon lhsll be baied if not in
dcted at the frf term after his commitment.
and discharged if not indicted at the fecond
term. Reviied Code by Pleafants and Pace.
Io3.---9 x.
When any per(on committed for treafon'..
Now, Sir, is Aaron Burr committed for trea-
Ion! If not it is obvious that the claurs has
no manner of application to him. Why, Sir,
the object of this motion is to commit him.
Gentlemen mua have been in oraDge confuGon.
when they reforted TO this law.
Mr. WIekbam AXIS if general Wilkinfon he
material wtnefs, why he is not here? Who
is general Wilkinfon" fays that gentleman
is he not the initrrment of the government
bound TO blind obedience ?'-I am forry for
this and many other decIamatory remaks which
have been unneceilarily and improperly intro
duced-but the gentleman afTures us that no
lmPutatlon is meant againf the government
On no i1r, Col. Burr, indeed, has been oppref-
ied-has been perlecuted-but far be it from
the gentleman to charge the government with
it-Col. Burr, indeed, has been Narrated by
military tyrant who is "tbe inarument of the
government, bound to blind obedience."-
out the gentleman could not by any means be
underitood as intending to intimate aughI to
the prejudice of the goyernment.--The gentle.
man IS underitood, fir bis object is correctly
underftood. He would direGt the public mind
from a. Burr and point it to another quarter,
lie would too, if he could, fhift the popular diff
pieaiure which he has fpoken of, from A. Burr
TO another quarter. Tbefe remarks were not
intended for your ear, fir they were intended
tor the people who furround us-they can have
no effect upon the mind of the COURT am too
well acquainted with the dignity, the firmnefs,
the illumination ofths bench TO apprehend any
iuch copfequence. But the gentlemen would
balance the account of popular ureiudices--