The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-10-20

et er ~ dchsrge or aoqnit him, and therefore the
court has not the right the power its be-
| ing heard .IIs--t.
The teAimony is for the jury, and it !, the duty
of the court TO Ap order whiih the witncies are p-
wing their teftimony. But Mr.. MarihaD alIumes q,
Judge OF tehneny before he hears it, he invade. the
province Of the jury and he lays down firing of
Gubbes before hand TO make himleif ground to
ttznd upon. To prevent teftimony coming before
Jury is fuppreion Of teimsny, and is the next Of
FENCE To .ubora,ion OF teitimony. The latter is i'm
Peachabie the former is Reasonable eaufe for removal
burr's council fEt OUT at the commencement of the
trial. with ftroHg declarations Of innocence, bur in
an intance, have they attempted prove that inno
eenee. All their quibbliug has been con,rved to
prevent evidence proving hin, guilty, that he nigh,
eicape negatively. They have laboured to waite
time by continually interruptng the progreis of trial
and to weary the patience of rhe witneIes the
part OF the Proecuon that they might go away with
out giving their evidence, and the court has 70 far
the views of Burr and his council that
1t was no, till after Mr., Hay declared he would ad-
ourn to the Warrington Tavern and take the teftnio-
ny there, that the court permitted the renimony to
go on.-Mariha then iaw it bell pull in his borns
as Keynon had done. Bur i, would perhaps have
been better had MIR. Hay done as he propofed and
latd the Whole matter before congreis. ...,
The opinion of MIR Narfilll, that oorroborati7e
or fubfequert teaunony cannot prove the overt aa
upon Burr is noe we'll founded. The abieuce of
Burr from Blenn-rhaGs nand while the aie,nbage
OF troops were going on, might be, aud very proba-
bly, was, contrived defigped thing to avoid being
Prefent len he ould be unprecedented in the very al
and 1T iath teiiimony had come forward, and Mr.
Marihall could not know it would not, will Mr..
Marihall FAY it would no, conne9 Burr ediate!y
with the overt aa of rafting and attending troops
which no individual has the right of doing wthou,
the authority of the government. If he flys it
would NOT, then tell him his law i, NOT common
.enfe and tina, it is law Of his own making.
WHY'S Mr.. Martial 70 unwilling that teaimony
fhould come forward Is he afraid he may be impli-
Gated hin'fef According 70 evidence, Burr had gi-
ven out that government was p-ivy his proceedings
and approved them. He may ALTO have laid that the
chief ju0ice approved them. We know that Cay
lord Grifwot in his letter Mr.. Halfway, in fpeak.
irg of fome former condua or mifconduc of Burr,
iaid, the Judges of the fupremc arew,h Burr
and Mr.. Marihail isnow giving corroborative fymp-
toms that the declaration is true.
Mr.. Marihall cannot but know he is Il fufpetasd
character. He is one of John Adams's Judges. 1t
was the plan of Adams and the faction he aeed with
TO get puHrion of the judiciary for the evident pur
poie OF embarrating and making head againn the ad-
minittraron that was to follow. He appointed fix-
teen new judges a. additional expence of SO 600
dollars annually but the frl FELTON, after new ad
mni ration repealed the a6t under which they were
appointed, and faved the country that unnec-flary
nnif raron thew, that the plan of the faction he
aSed WITH was TO overtu-n the representative fyr.
tenn (Which is the honor and glory of America) and
ettabiifh government fimilar to the corrupt. Cd
pref We government of England which John Adams
diot like, called FnpEndour /abrie Of Bunan 4viis.nv
But as this could be done without Handing ormy
tor the citizens would never had voted away their
own rights the pretence that France intended nyad.
ing and conquerIng the United States was giyen ON,
and induriouly circulated For the purpnie of rafog
that army. greater falliood could nor have been
invented Marlhal vas one OF that iusto.-Adams,
after his quaTre, with Pickering, appointed Marl,alI
f.eretary of GATE, and afterwards chief iuaice.
IL is highly necehary that the ieveral ilate, tsle
the cle in the federal contribution which elabhihe
the judiciary into onfieration Under the pte,.nc.
OF making jrdscsindeP they ma le abrou,e
and there is NOT perfection enough in man to be truA
ed with abloiu,e power No man living in foc;erv
ought 10 be independent of fociey-and as there are
no men in whom the citizens Of the Uned States ca.
conflde 10 we'll az their own repre-: utatives iudye.
onght Tor rfS""SAs Tagf," to be removable on the
JOINT vote ol majority OF both houes of congrefs.
The trial of Burr has been an enormous expenc,
upon the United States and this, in grea, meaf,r.
by the contrivanee of the chief iufice Burr ha, x
council VIII" take turns to interrupt The progrels of
the trial by repeated motions arrefl the evidence
his s rot the way TO prove Burr Innocent for il he
was innocent ne would defy teffimany IL is the ma
| tursl character OF innocence to do 70.
The chief juhice, however, has coun,enauced ,be
council in making thofe motions. Much more time
has been waited in debates whether w,nefs ihould
be heard than would have been taken I'D BY the wit
nefs giving his teamony. This is no, iulliee either
70 the government or to the public who are TO paw
'he expenses. appears to me like one cuprt trying
another. COMMON SENSE.