The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-03

The geatlemen on the other Eide. continued
MIR. Hay, do not do US jutice. They charge
us with perfccution and opprefiion.. Sir, I never
conten plated or wilhed TO hurt A. Barr.
feorn It. | lock not TO him. | look only to
The duties, which am folemhly bound to per-
form. --One remark more, iir, and nave
done: Gentlemen OH the other EIDE inha upon
thc iufnf cheney of our evidence. Recaue we
have withheld our indictments, from the G.and
Jury, .hey have ha!tly inferred, that we feel
our evidence to be too feeble to faisfy the jury.
They are miltaken, FIR. allure them, that they
are n,ifakeu. / confciencioully believe that
w. have evidence enough, even throwing out
th, drDoi,ions thcmfelves, TO fatisfy the Grand
Jury OF the guilt of a. Burr. But, FIR, puerile
indeed would it be for Us under the pretent
fate of things to fubmt our cafe before the
Grand Jurv ON the evidence before us, when
we are every moment expecting better.
Mr.. Edmund Randolph addrelled the court
to the following eHcct:
Sir, it would have been impo0ible for Us,
even had we received due notice OF this motion,
TO have awaited ourfeivcs of the timc that was
allowed to us. That would have been impoi-
ffble, becaure the enormity OF the proportion
i,felf would have bAfled all our confederation
and all our refearches. Mark the courie, llr,
which has been purified towards my unfortu-
nate client. Firit he was brought here unaer
military EFFORT. Then that little toIio OF de-
petitions and aflidavits was laid before your
honour: Then the charge Of treafon J.: and then
that little cock boat which was defined to at
tend this great ihip on foreign expedition !!
Yuu heard it all, FIR, and what did you fay !!
You bound Col Burr To bail, Gmply on the
charge of miftieme3nor, 20 appear here at the
oprning of the court; hut not contented with
this fecurity, you fuperadded, that he was not
to leave the court until it had discharged him.
You opened the door too for an Interior pro1e-
I. al. D att ffNr
the u S. l,ould OBTAIN any additional evidence,
the Judgment which you then rendered, would
not preisnt his nditting Col. Z. on the charge
OF treafon.
Sir, thus nauds the cafe, as it was under
food by the whole uuiverle. On Friday we
came here TO meet the world Friday howe
yer psiles away and nothing is donc.--On Sa-
tnrtay, we came here again Saturday alto
paHes away and nothing is done. But on Sum-
day, frs hroached this pew-fangled doc
trine, which now excites our aitoniihment.
They demand precedents, FIR, for our conduct ;
and v:ho are they that require 1t? why, hr
they that take things ont ofthe ordinary courfe
of the law. For thirty years, never faw finch
4 proceeding have never read of iuch one
III the Epglifh books and yet thete gentle
men calupon rs for precedonts.
IF we were ailled for our renfoas, fir; we
hould have enough to offer. And hrit, a
Judge in the Federal Court, fittiagin the ospa-
city which your honor now fufls, would be
in the fame relation 10 the accufed as an ex-
aiming Judges in the Gate courts. But, fir,
whoever invited Jingle mAgifrate or 4 fate
court to augment the bail Of any individual
in the itua;ion of Col. Burr # a man be
bound in dRant countyto anfwer to n,itde.
meanor, and another crime was TO be brought
againh him to be predicated on the very fame
evidence, have you, Cir, ever known the try
ing court TO increafe his bail? There never
WIS fuch an example, ar.
Mr.. Botts's reBark, Sir, is not to be anfwer-
ed. You are changing the constitutional organ
OfJuHce. You are completely b'ottiug out
the functions of a Grand Jury. The witnelies
will be all produced before you I: but no, i'm
proper as this proceeding will be, it is lliI lefs
so than that which they will actually purdue ::
None of the y. S. witneGes will be brought be-
fore you, but thofe whom they may think it
polite to introduce and depend uponit, that
foch teitmony will he garbrd for the ears of
this court, as may be expected to bias thcir
judgment.-Well, Sir, and what will! be the
confequence WheR the Grand Jury are
about 20 retire TO their own chamber, they will
bc told that you have demanded additional
baiI.-Are JON then, Sir, to be pioneer of blood
for the Grand Jury ?--ls not this precedent
outrageous, Sir? The bosfted principle, that
no manis to be condemned but upon the vcr
dct of "a OF his peers, is gone. Throughout
this town, it will be universally reported that
you have ioIcmnly declared Il. Burr to be gull
~ of High Treafon agaEft the u. S. and fome
of thofe to whom the rumour may extend
may hereafter be impannelled on the Petit Ju-
ry. And will they feel themieves altogether
unbisiled by your judgment? Why, Sir, let it
he declared at,once, that the Grand Jury is TO
be firuok OFT as an intermediate organ OF jui-
ticc.
Do rot, pray you, Sir, let rs fuffer for The
delays aud negligence OF other people. can
not blame the u. S. attoruy; it is his buhnels
TO obey the inRrucfions of the Govcruuent;
and if the witnenes are not here, it is oertajnly
no fault OF his. But fiirey there is time enough
to travel from New Orleans 30 this city in
days even with the gigantic bulk" Of gen.
IViikinfon himfeif.
Mr. Hly fays, our tone is changed. And
how, Sir? We demand a trial pow. We de-
msn;i 4 fair trial. But mut we not therefore
protect aedinlt n1eaiure, 'yhicb s calculated
TO defeat this object Csrtainly, Sir. You are.
clleA upon 70 prejudice the minds Of the G..
Jury. But, Sir, in this intcrsGing cafe, where
liberty and life themievss are endangered, !
truit that forne hard mo9thed prCcedents viii
BE- found in oppoiiton o this procedure. We
have come here TO anfver to every charge,
which may be urged aaaiuG M: We cone
here to anfwer in precedented 31d conititu-
tional manner, But litse did we expect,
that the court would decide in the fri in
fauce, inEead Of the Grand Jury that
the frnfirnents If the Grand TuTy were to