The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-23


withsut The pobility of proving hin, forefworn FOR
he iweafs merely to conjecture and whether ne
enera;nsit or not ean never be deeifiveS known &c
auy one bat hi:nteif. VIII YOU ldy open the pgblic
oHicesto be ranatked by eonjet9ura afSdavi;si VIII
you adopt precedent which will pnt it i'll the pow
er OF the enemies or the government 1T any tinae aud
without the hazard OF puniinent TO explore your
Offices with the wort OF views and harrsfs the
officers thenfelves a, their difcretion Sir, Twin
the priionsr to have fair trial win him to pof-
ieis every atom OF evidence kich contribute
ms acquittaL But thefe papers appear me not cal
oulated TO touch che ue aud it leis calculated to
10 the priioner any good. II he thinks otherwiie
where can he the difficulty of his lhewiug by an af-
davit at lea fome probability ofther doing him fer
wee. II he knowst the Of thoe orders and that
letter 10 well 10 have aieertaned TO his own fats
facton, that they may do hinifervce, where be
the harm OF his leting in his affidavit the charac.
ter OF the papers and hewing how they may he brot
tn bear upon his cafe-when he fiall have done 10,
the court Will have fomethng for its dilcreton to acf
upon-at Preleut they have nothing but the prifon-
erstant con lecture, and the dicretou weuld appear
to me not very found which would be determined by
= confederation like that.
eau lee but pof5ble obj fon TO tie particular
AFFIDAVIT which require, which is, that the prfpner
would thereby unn,al< his defence-but in the cafe
OF the u Satesvs Smith, particular affidavit was
required by Judge Pater ie,ting out what it was
expected TO prove by the witneHes; and although it
was objected III that CAFE, that by demanding iuch an
affidavit he compelled the acculed to unn,aik his a.
fence, lie nevertheless demanded the afFidavit-and
IN that Gale, in this, although the nilterality of
the evidence was Imported by ioa,e of the abeft add
vooates on the continent the determined aean
ITS materiaiity, and the caufe wen. on without it,
But in the prefeut intancs objection as to unnall
ing the de ence would be objection merely Of form
neeauie the gentle have bytheir arguments in la
taken off the maf, and Rated the manner in which
they expect this evidence TO appywe have exan,in-
I'd their expec atoms and hope found them bafe.l
conclude, fir, that this is application to the
dicretion OF the shat ju(ice to the proner
requires only, that he fhoud have all papers from
the Offices of fate which he lfa thew to be n,ateri.
al and relevant his defence that he has not fhewA
them to be 10 in this cafe and that therefore, the
prooefs ihouid be withheld until he does Thew them to
be 10. know Of no oSher rule which, while it will
protect the rights of the prifoner will alfo fave the
offices from nGedels, wanton and wicked violation.
cannot take my feat, fir, without esprefing my
deep and iincers lorrow at the Poey which the ge--
tleHen in the defeace, have thought IL nee eGary to
adopt. As to Mr. Martin ihould have been will
ling to impure this frvid language to- the fympahes
and refsntnlents OF that isndhp which he has taken
iueh frequent occaions express for the proner his
| bonOra6is Jr;saa'n the eaufe of friendfhp can
pardon yea even up the point sf iutemperance.
But the truth l., fir, that before MIR. Martin came
to Richmond, this policy fettled; and on every
quelion incidentally brought before the court we
were itunned with inv-ttves again( the adnininra-
ton appeal to your recollection fir whether this
policy was not manfefed 20 early as in thofe
ne" and until now unheard of challenges to the G.
| Jury FOR favor, Whether that policy was not fol.
Owed up with increafed iprit in the very fr ipee-
ches which were made in this cafe, thoie OF Mr.
Bolts and Mr. Wiekham on their ereViozJ qusRion
iuipending the attorneys motion to commit Whe
lied yyirh "a
qusnt location, and on every mere queltion of alb
itraet law before the court, flew off tangent from
the lubjeet, to launch into decamations again the
! government-exhbi,,ng the prioner continually as
P.Tiecuted patricia Rufel or a Sidney--bleeding
Under the fcourge of depot and dying for virtues
fake II there DE any truth in the charges agaiuR
HIM, how different were the purpoes OF his foul from
thoie OF Rufieii or Sidney But ! forhear 10
prefs this fubject beg to know what gentlemen
can intend expect hope from thele perpetual NH.
! iiPpics aganit the government Do they hatter
thenielves that this feel political preiudces
which will isPply the place of argument and inno-
ceucs on the part of the priloper Their condu6
amounts to an iHiinuation of the fort-5ut do NOT
believe t-on the eontrary feel the firm & pleaiing
atnrance that as to the court the beam of their
Judgment will reaain Geady, although ths earth il
fell ihould fhake under he coHcuiion of prejudice
Or is it the bye flanders, that the gentlemen ex
pea 70 make favorable impre1ion and do they uie
| tle court merely as canal, through which they
| may pour upon the world their undrferved inVec-
tives agant the government. Do they win to divide
the popular rsfentmest and dimnifh thereby their
own quota ? Before the gentlemen arraign the ad
minihration let them clear the h,rts IF the client,
Let them prove his innocence Let them prove thai he
has not coveredhimiei with the clouds of mynery 81
JUN lBiPlcon let them prove that he has been alaonq
moving eFe * fair il spe1 day, * that theCc charqss
agan't himars totally grouDde fafe:f5a! the
mott eloquent inve6tive which they can pronounce
againf the Profecution bu, until they prove his in
minds to other Objects aud other enquirie.
we will keep our eyes Aaron Burr until ne "a
sislies our umeh fcruple. beg TO know Sir, if the
courfe which gentlemen purdue is diirefpectfu to
the court ielf Suppole there are any foreigners
here accuhomed to regular government in their own
country. What can they infer from hearing the fed
eral administration thus revied the federal udicia
ry; hearing the Judiciary told that the admin
iitration are " bood-hounds hunting this man with
keen and favage thru for blood that they now
luppofe they have hunted him into their tolsand
have him iafe." Sir, no man, foreigner or citizen
who hears this language addre1ed to this court and
received with all the complaceney at leaf which Il.
leuce can imply, make any inferrences from, il
very honourabe TO the court; it would only be in.
ierred while they thus fufered,o roll & luxuriae
in thefe grols inve6ives agsinR the adminiAra,i-
on, that they furniihing The Joys of a Ma
hometan parable TO the court as we'll az m their
client ] hope that the court for their own
fakes, will compel deftent rsfpea 20 that govern
ment of which they themfeves form a branch. On