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


Mr.. Hay Rated to the Court, that all hopes
of the arrangement which he had mentioned
yeferday, were 1T an end for he had received
letter from Col. Burr's council, po6tively re-
fuling to give any additional bail that he
ihould therefore 60 on with his motion for
commitment.-Hr obferved, that he was ready
to proceed with the evidence, in laying which
before the Court, ne fhould obierve fomething
like chronological order. He ihould read firft
the depofitions of iuch witnelIcs, as were alb
fent; and afterwards bring up fuch wtneiies
as were prefent, in fnch an order as TO difclofe
all the events as they fucceilively arofe.
Mr.. WIekbam ftated that there were two dif.
tin6t charges againlt Col. Burr the firft was
charge of miidemeanor, for which Col. b. had
already entered into recogniZauce.-The other
was charge of High Treaion againit the u.
S. which was once propoied without fuccefs
and rs now again repeated. On this charge
the U. States mutt fubGantate two elientia
points 1T: that there was an overt act COM
mitted; and 2ndly that Col. Burr was concern
ed in t.-Every thing that does not bear upon
thefe points is of courfe inadmiiiihle. The
courfe therefore laid down by the attorney for
the U. S. is obvioufy improper. He propoies
to examine his witDeffes ia kind of chronolo-
gical order.
Col. b. requires that the evidence fnouTd be
taken in fritt legal order. The Court & even
the oppofite Council will fee the prSprety of
obfervng this order. IF the Attorney for the u.
s. has affidavits TO produce, let him iirit demon
trate that they have right to produce then.
We hrf call upon him to prove by ftriet legal e.
violence, that an overt ACT of Treafou has been
committed. If he cannot efablinl that one point,
all the evidence which he can produce, is nuga.
tory and unavaiiiDg.
Mr.. Hay had no doubt, that the gentleman
would, if he could, fupprefs all the evidence {;
that although that gentleman had been 70 good
rs to preicribe for him the courfe he ought to
purfue, he fhould Rill purfne his own courfe {;
and he would allure that gentleman, that be
was almoft the iat perfon in the world, whole
advice on the prefent eccahon he would puriue.
Mr. II. obferved, that he could not content to
fuch ieparation of the evidence, as that gen.
tIeman required that he fhould lay all his evi.
dsnce brfore the court aud that the court
mutt leparate for tlicnfelves.
The two charges which are brought againf
Aaron Burr, are naturally and intimately blend
ed. They form diitinet parts of one great de-
fgn. What that great defgn was, in all its
bearings and ramifications, am not absolutely
certain. But / have always conceived, that
before Mexico was invaded, New Orleans was
TO be taken How then is it polIible TO fepa-
rate thefe two great allegations This mon.
trous deiign coniifts of two great plots; both
going on together; and both 70 nrongly con.
neeted, that accomplishing the one is prepaid
tory to accomplishing the other. IF a. Burr's
objetl was to plant his itandards in Mexico, he
was frt to have feized the chipping and Banks
Ct New Orleans. We ak theo, how can we
iepsrate line by line, and word by word, the
evidence produced to prove thele two diftinet
allegations. The deGgOs are connected and
the evidence is connected.
Mr.. Burr rofe 70 fpeak when Mr. Hay pro-
ceeded to the following effect | have little
more yet to fay. fir, exceptions arc thus to
be continually taken to the moi common mea.
fures il in this way every inch of ground i:
to be difputed, contrary &c every practice that
has prevailed in our country inilead of lc
hours or 10 days this trial will take up 10 years.
What an extraordinary proceeding is this, fir
Why, fir, we are not TO fteer our courfe, even
five inches without encounteri0g fome uHufual
difficulty OF other And yet thefe gentlemen
talk of precedents. And where, FIR, is the prere.
dent for this, that the council before an exam
lining court is to be i0ftrueled bszO to bring
out his evidence? / never law fuch thing
done before; fuch thing ought not to be
done. II is novel in itfelf; it is impoihbje to
| be prset,icd. Gentlemen may make motion'
! as they pleale but they will not drive me from
my purpofe. will or I will not produce my
evidence, whether it pleales them or not-And
iir, it is poor compliment indeed that theft
gentlemen efer TO the Bench whom they adj
drefs fla depoiition Rates any thing or wit
nefs iaysany thing which is irrelevant tothc cafe
cannotthe court be truacd for ihefe diftin6tions!
Cannot they decide, whether fbiJ evidence istc
be weighed, or that to be rejected Do they
difrutt the judgment Of the court No, FIR
they do no, but they with to hamper US with
every trHng officially, which they can throw