The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-03

is now before us relates not 10 much to the m
tcnton rs to the effect. Al order bas been
given to treat Colonel b. az an outlaw /; aud
to burn him and his property. And, Iii, a.
gain, when the H. of K. demanded certain in
formation, ss WAS their right aud their duty
to do; The Proficient granted it and would 10
Sod Sir, that he had Popped here, as an
executive officer ought to have dong. He pro-
ceedcd, however, to FAY that Col. Burr was
guilty of crime and confequeutly TO expreis
an opinion, which wa. calculated to operate
judicially upon the Judges and the Juries.
Such, was the inbitratum of all the centuries,
which have been heaped upon Col. Burr.
Mr.. K. proceeded 70 touch upon fubief,
to which Mr.. Hay had referred. Col. Barr
was arrefted in the Mifiidippi Territory. Was
there no court there was there no Judge of
integrity TO try him Arreacd too after he
had been acquitted by Grand Jury We'll
he was transported thexce (vsith humanity IL
has been iaid) dragged or BY eight mufqueteers
who were ready TO ih0ot him ut a moments
warning refuied any appeal to the judicial
authority (; denied even the melancholy fatis-
faction of writing 20 his only child. Was all
this humanity? Dragged before this court,
whic derives its only jurildidion froma lit
tie fpeck Of land on the Ohio. Yes Sir, but
for that little ipot of an lland, Virginia would
never have enjoyed this honour ! What is all
this, fir, but opprefiive and bitterin humanity (!
i truH, fir, from what have faid, that 20 one
will think with Mr.. Writ, that am fhifting
the quetion from Col. Burr to Mr.. Jetferfon.
l hoo!d aot have made the obfervations, which
have efcapsd me, but TO ihow that my ellen.
isjuRihed by his lituation in Eating every OBJ
lection that he can, to the prefcnt mcafure.
Mr.. K. obierved that at leaf one difadvan-
tage would reiut from this enquiry; that it
was not clear, as MIR. Hay had alferted, that
the afidavits would be Lard before the court
only and not before he Grand and Petit Jurics,
fer the Grand Jury would foon be ponelied
| OF the fuhitance or them and that it wa. next
10 impofibie for them to ieparate the imprel-
| iions thus illegally to be produced upon their
minds, from the weight of the legal, 1,i'Ua z,oee
! teninony.
| MIR. r. faid, he did not underftand Mr.. HIS
| expeditions about certain perfons in holes and
corners: that if however be meant fpiea, there
rome tuch and that although the government
certainly had employed no fpies, yet that ii
has excited 10 much prejudice againit Col. Burr
as was iuficient TO make every man in the
country delirous Of contributing his full quota
Of Information agant him. Mr.. r. conclud-
ed with remarking, that the preirnt argument
had perhaps been permitted TO embrace too
wide fed OF di!cudion; {; that there were ~ o
great auctions which he lhouId ii,bnit to the
confederation of the court: IN: Whether there
were any Precedents in fdvour of the prelcnt
! motion aad cd: Whether if proposition like
| this and OF fuch great importance was adopt
&c, itwouId not yield a precedent, that would
exPois every man IL the country to oppreiiioE.
Mr.. r. coRtended, that this was a charge
which the judge had already decided on 4 for
mer examination; that 1t was not fupplemen-
tai crime, but the old one that perhaps there
might be fon,e little affidavit to fp!;ce out fone
detcct in the former evidence bit what would
De the conlequence of this proceeding' Day
after day, another and another affidavit would
be brought forth; facts IKE polypi, are eafily
cur toto or pieces; and each OF thole atoms
| is to require ne* reccgnzanSc. For one al
hdavt there mutl DC bail of 1000 dollars -
| Another affidavit, another 1000 dollars IN
I'll the burden OF balls 10 opprcflive as to leave
| no other retource, but III inc four walls Of a
F! Prifon.
| Mr. Hay obftrved, that he G,ould fmply no.
tce one remark OF MIR. RS. That gentle
| man had uied the expreliion of " Pioneer of
hood" But inreiy it would not have cfcaped
him, had he bat for one moment leroully re-
tlccted upon The cOGrt whom he addreiled,
upon the counleI he oppoied or the govern
meat. Satisfied of this, Mr.. Hay fsid he ii,ould
pals the observation by, without further no.
tice.
Mr.. Randolph hated that no fmilar cafe had
| occurred in his so years practice. IL was not
wonderful that fuch A cafe had not occurred.
mar. III. mere e&patiated at lone length upon
the difference between the State Courts of Vr-
ginia and the federal ceurt.) He proceeded
then to obierve, that the u. States was nof
extenhve country, compated to the Rate OF
Virginia that a moi material witnefs might
DC 500 miles from the court, before whom h.,
was to appear and that he might be at III
fame time at the head of an army in all which
circumstances, the federal and tie aa;e e..
vereignties were different So that this difference
altogether defeated the application of Mr.. pc
experience, to this iubject, even if that eyne.
rience had been admitted as good auth,ri,v
in the State Courts. But even that gentleman
would admit, that had lmilar CAT. occpr.d I've.
fore the State Courts, the accu!rd would bay.
been committed
Mr. Randolph aFcrts, that this molten !,
made TO draw forth the opinion of the conrt
and thusto pfeJudicate tue minds of the Grand
Jury. But Nr. r. has certainly forgotten,
that this intelligent and impartial Jury is on
their oaths and their condolences and filrely
this court will not pay 70 little compliment to
their INDEPENDENCE, as TO admit, that its ovyu
opinion will be fuiiicieut to bias their iudg-
ment more particularly too, when the point
before the court is 70 different from that before
the Jury. II is the bufnsGs of the corr 70
commit; and of the Jury to irditl and it ia
certainly the privilege of the court to decide
upon serifien i'tllinony, although that point
lis not 20 perfectly easbIifed and fc;tlcd, as il
relates to tie Grand Jury. How the court
would decide upon this point, Mr. Hay Ejd
Z he rial 4 sef,gr, I'll