The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-07-01
TUESDAY,, Tune -.

The motion to commit A. Burr to the Peniten-
tiary was renewed.
IL was objected TO by his council on the ground
* an affidavit made by them the fame efi-Sl)
thae IN In important cafe, elentiaiy nece!a
ty Tor the mofnnipterrupted nsrtourfe to lbflf be-
tween the Prifoner and his council but that the
dtance oil the punitsntiary, combil.d with their own
preieiional avocations, would necoGariiy aHd
interrupt this ntereourfe, 1t lfo faid, that by
particular regulations of the peniteut;ary the cuo-
Dc OF tie prioner would u trau-i-rrcJ fsoui the
mariha TO tho iureriutendant s1d that the comn1u
nIcatio1s ut the proner iih lis unfel would be
limited TO the very fame fhort period which was al.
lowed TO the other vliitants; that is, from / TO
O'clock
The IhOrnty for the u. S. repellei thefe objeai-
The Cliff Jfa7iee faid, when there was a pubicIia
not unreaionabiy diitant unfit for the reception of
the Trioner. and when the called upon oil
The part OF the u s. 70 commit priloner its keen
ing, that ne conceived hmielf bound TO comply with
the requition that when he had given the order for
his removal from the Jail his lodgings, it was
under an expectation thar the trial would be profe-
cuted Immediately & the intercourse betweenthe rr
Toner * hscounel would be neceiary inceGant; but
poPoncys'nt had taken place. fuch an;intarconrl
would not be absolutely necehlry under ch circun-
hances therefore, he houd direct the removal of the
priioner to rhe peuitentiary, if he was m TO continue
III g
were to have free and uninterrupted accefs TO him.
Some difficulty having thus occurred on thsie
points, the Executive council was immediately CON
vened In hiort time the following letter was
lubmtted to the court:
COUNCIL CHAMBER, June so.
Sir,
In purfuance of an advice Of the Council Of
State, beg leave, through you, to inform the
Circuit Court of the u. States now fitting, that
yhfNf tDa> A. p,
and Penitentiary houie, On the PART of the IT.
States, will be coniidered as in the cuftody and
under the foie control of The Martial OF the
Diltritt-tha. he will have authority 10 admit
any perfon or perfons 70 Wifi the couiined that
he may think proper aud that he will be au.
thorfed TO ie!ett for the purpoles aforefad, any
apartment in the Penitentisry, now unoccupi-
ed, that he may deem mott conducive 10 fate
ty, health and convenience.
/ am with great reipect,
Sir, your obedleUt iervant,
WM. II. CA2ELL.
GEORGE HAY, Efq.
he court then came t. the following order:
In consequence Of the offer, made by the Execu-
tive of apartments i'll the third TORY Of the Peniten
tary and State Priior, for rerons who may be con-
fined therein under the authority OF the u s. and of
the foregoing letter from the Governor of this Com
nIonwealth is ordered, the motion OF the At
orney for the u S. that 10 Oon the apartments in
the iecond fory of the Pub6c all aud Penitentiary
Ghali be fit for the reception and fate keeping of
ron Burr, hs be removed thereto aud fateiy KEEP,
therein by the Mariha until the fecend day OF Au-
guf next, when he hall be brought back TO the pri-
ion rhere he is now placed there to he guarded in
like preient until the fur Their order OF
the court.
It is under0ood, that MIR. Burr will be removed
to the Penitentiary this day.