The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-05-26


Mr.. BuxR.-it wosld certainly be a faving Of
time: and Ia1ent to the propoGton. The other
gentleman, whom challenge, is Wilton Carey Nj
cholas
Mr.. NicnsLAs. defire the objection to me may
be fated. ~ IS ~
Mr. Burn. The objection i. that he ha. enter
tanned bitter .perfonal annnod,Y againit me ard
therefore I cannot expect from him that pure inn
Parali,y Of MUD, which is neceiary TO a eorre9 de-
ciion. feel tine delieaey Of my iituation; but if the
gentleman will content TO withdraw, will wave any
further enquiry.
Mr.. CHS, faid-that the circumstances which had
jua occurred, placed him in unpleafant itpatiort
That he had no objection difelole inthe ufua way,
with candour, the real Gate Of his mind in relation
to the accufed but that he had objection, the
introduction Of wtnefes to prove csfua expreiions.
That in the frsns Fate Of tbngs, expreiions might
| be imputed to him, which he had never ufed or
his expreiIions actually ufed, might be miAaken or
mifreprefsnted by the witnefs, or the wnefIes own
differences from his expeditions might be proved,
which would have been juiti6ed by fueh sxpref-
lons. Mr.. c. obferved that il wa. by no means a.
greeabe to him to be fummoned on the grand Jury;
but for fonetims pan, he had invariably purified
this siaxi, neither TO av'i TO iisif any Pu6s sp
fsirfuenf but when called the difcharge OF any
public duty by the proper authority confcentiouly
to attempt It's execution. That in undertaking to
erve on the prefent Grand Jury, he influenced by
the fame confederation. That with refpea to his
public condnf, that he preunned Of p blic no
toriety that he had not only voted for the fupenii-
on OF the privilege Of the writ of Habeas Corpus, ia
eerfsin eGfs, but had propofed that meafure tina,
he then thought, and fli thought il was called Cor
and juhed by the evidence before the Senate and
that lie now regretted that the nation had not energy
enough to iupport the l.nate in that mealure tina,
this opinion was formed upon the fate of evidence
before he iena.e, which III all quetons of general
nature, is Of very different character from the lega
evidence necenary in judicial inveGiga,ion. Thai
his mind, he believed, perfectly free receive
impreiiions from judicial evidence. That in relation
TO the sceued, he felt very derous, aad had otter
10 exPreed himfelf, that the various tranfaetion
imputed to him, ihould undergo full and fair ju
dcia inveGisation & that through fbot medium. the,
ihould receive their jua & character, whatever
that character in point OF fa6 might be ard be pre-
tented in that character to the world That he Ia,
no perlona recruitment towards the acculed and i
the aceuied had received any information ncenlilen
with this tfatement,i it true However, as i
was left him eie9 wither he would ferve on thu
Grand Jury or not, he fhoud certainly withdraw.
CHIEF Jus1IcE. The court thinks, that if an,
gentleman has made up and declared his mind,
would be beft for him withdraw.
MIR. BURR. A gentleman, who has PREJUDICE,
5 this caufe, is certainly unfit to be juryman.
would be flight beyond the wcaknels of hnmal
nature, if this prejudice did dilcolour his iudg
ment.. IL will take good deal of the evidenc
produced in my favour to weaken the falls impref
iions made upon his mind. The weight of the re
[ n,ander would be of courfe lels, than it ought {
be-As to the gentleman who has jull Withdrawn
! can have animoity againa him. He wsul
have been one of thofe, whom fl,ould have rank.
among my perfonal friends.
Mr.. NIcnoLAs-My being in this fituation. cer
tainy was not thing of choice. When was fumnor
ed by the Marfhal, urged him, in the nronce
manner, TO execute me. ! mentioned to him. that
would be extremely nconvenent to me TO attend IN
court, and that it would be very unpeafant to ferv
/ on the jury, account of the various relation,
winch had Rood TO Col. Burr. had been in Cor
greis the time when the attempt was made TO c
let Col Burr preGdent of the u. s My feelipp
and ePinisns on that oecalion were well known ha
ierved three years in the Senate while Col. Burr wa
PRECEDENT of that body, and was one of thole, VIII,
previous to the lat election, had taken a very dec
ded part in favor of the nomination of the prefer
Vice Preiident for the office at tina, time filled by Co
, Burr. Moreover, from the time Col Burr fra wen
the weltern country, my fufpciens very uc
excited, as TO his probable obeas in that part of I'll
, u. s.. IN coRiequence Of which, gave early an
perhaps too great credit, to the charges which wer
brought again9 him. Such any opinion of the i'm
Portance of NewOrleans not only to the pro.perit,
bur TO the union OF tine States that had felt uncon
mon anxiety at what believed to be the ate of OH
affairs in the Wea, and had exprefled my inprefiop
very freely in converfation, and in letters to m
friends, during the Ian winter. Under thefe crcum
tanees, doubted the propriety of my being put o.
the Jury; but felt Of IF nyjey, as was coz
hdent that could difsharge the duty, under nj
aPreiiion OF wat owe my country, TO the accu
f fed, and to my character. The Martial affure
me- that he Fit the irongeh difpofiton to obiye ne
but that he did not think he could do it. conGfentl
with his duty Hs iuppoled there fcarcely maj
to be found, who had formeJ aud expreifed opi
mons about Col Burr that he TOO was in lituatio
OF great deiicacy and refponhbiy and that withou
the utmoit circumlpeelion on MS part, he hould b.
, exPoied 20 eeniure. | renewed my applications Il
tha MarihaI ievera times, and always received tb
iame aniwer. Tins iituated, determined to a,te,
the court, both from ienie of duty, and becauie
would not put IL IN the power of the malicious AM
thoie dhpoied to flander me, afgn motives for M
abienting myielf, which had no kind Of influence OF
me. another realon for purifying this courfe prefer
ted it.ei. lone time after had formed this determi
nation. conceived that attempt had been mad
to deter me from attending this court. was inform
ed by friend III this city, that he had heard that on
Of the mot fevere pieces which had ever been leen
was preparing for publication, il did attend an,
ierve on the Grand Jury From what quarter this at
tack was to come, | did not know. The only inau
enee which this circumstance had was, to confirm nj
10 the determination had made as was much NOR
inclined TO defy my enemies, than 70 ak their mere,
or iorbearanee. From the fri Ihefitated whether
ought not To make the fame representation TO IN,
court, that had made to the Martial. ASH asi,
doubt on the fubjeet, before came from home com
mitted TO paper the lub0ance Of what have now fad