Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-06-11

s,ovsd no spies, vet thatis has excited 50
much prejudice against colonel burr as was
Sufficient 70 make every nians ini.he coun.
~ desirous Of contributing histull quota q =
information against him. az. 4. cooc'nd.
ed with remarking, that the present afSu.
ar,ent had perhaps been pefm'tssd g en,
brace too wide a field Of discussion; and
that there were TWO great qurs.lons when l1;te
he should submit 70 the consider alton o.
The court: 1ss, Whether there were any
preeedents in favor of the present motion
and Cd, Whether if proposition IKE ms
and Of such great Importance was adopted,
itswould not yield precedent, that ~oo'd
expose every man in the country 70 ePPrss.
sion.
Mr.. r. contended, thar this was charge
which the judge had already dec1dsd ON : ,
former examination /; that it was not sup
elementary crime, but the old one that
perhaps there might e some little afhdasi'
TO splice our some defect III the former evi.
dence; Box whal would be the consequence
Of this proceedings DaY after day. apo.
Their and another afiidavis would be brot
forth facts, ike poypi, are easily cut into
two or three pieces and each OF those q.
toms is % require a new 'ecogn'asacr.--.;.
For one affidavit there must be bail OF
1000 dollars another sMd4vlt another
1000 dollars; until The burshen OF ssiil IS
so oppressive as 10 leave ne o!her re.
source, bat in the four walls of prl-
son,
Mr.. Hay observed. that he should simply
notice one remark of Mr.. RS That gentle
man had used The expression Of Spencer OF
blood" But surely it would not have escaped
him, had he but for one moment seriously re-
fected upon the court whom he addressed,
upon the counsel he opposed or the govern
ment. Satisfied of this, Mr. Hay said he should
pass the observation by, without further no.
tice.
Mr.. Randolph ststed that no similar case had
occurred in his 80 years practice. twas not
wonderful that such case had not occurred.
Mr.. Fl. here expatiated at some length upon
the difference between the state courts OF Nlr-
ginia and the federal COURT He proceeded
then to observe, that the u. States was most
extensive country, compared to the state OF
Virginia that most material witness might
be 1900 miles from the court, before whom
he was to appear; and that he might be at the
same time at the head Of al army; In AL
which circumstances, the federal andlhe state
soyereigntics were different. So that this
difference altogether defeated the application
of Mr.. RS. experience, to this subject, even
II that experienc: hadbeen admitted as a good
authority in the state courts. But even that
gentleman would admit, that had a similar
case occurred before the state courts, the &C,
cased would have been committed.
Mr. Randolph asserts, that TINS mot'onis.
made to draw forth the opinion Of tie court,
md thus to prejudicats tie nj DIS cfthe grand
Jury. But Mr.. K has cer1alnly forgotten,
that this intelligent and impareisl jury is On
their oaths and their consciences; and surely
this court Will not pay so little compliment to-
t cir Independence, as to admit, that It's own
opinion will be sufficient to bias their judg
ments; more particularly too when the point
before the conrt is SO different from tlat be-
fore the jury. 1t is the business oi the cour
to commit; and Of the jury to indict: and il
is certainly the privilege ofthe court to deci;.e.
upon zvritten testimony. although that point
is not SO perfectly established acl settled, as.
itrelates to the grand jury. How the court
would decide upon this point, Nj. Hay saiti,s
he could not pretend to know.
There is another consideration which should
be weighed by the opposite council. The.
grand jury is now already embedded. They,
are ready to proceed with any business which
may be brough before them. But, my great.
object said Mr.: II. is to prosecute Col. Burr
on the charge of treason. / make this dccla-s
ration, because believe him to be guilty Oh
it. Let US suppose, however, that the grand
jury was to discharge Col. Burr:from the mis-
denloanor and then that was to bring the
present motion before the court what re-
source then would Mr.. Randolph have? From: