The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-05-30

Col Burr is placed in the fame ituation, as he wa.
on tornler examination and that the court ought,
therefore, 20 bind hu ostr from day to day as thsy
did then, But the analogy faie. AT .thst time,
Coi. Burr was not bound AZ, and il nighr haze
eeen recefary to have demanded iome pledge for
ms perionai atrendauce. Bu, Col b. eonirs INTO
court, actually bound himf.if In the ipu OF 10000
dolls and bis Geeurities in 10000 dolls more And
TINS iun is precely double Of that which wes,SsA-
ed from hi's on his former examnation, TO .ysu.s
his attendance from day TO day.
Mr. NORTH. The recoghizarce which already
bound'C Col. Burr compes him to be in court WHY
bind him upin greater ium9 lsthere any realon 60
iuiPect HIM guilty of trralon Has any thing like AZ
oath, come from Wiilinien, tina, Col B.Nas errs-
ged IN treaion There is not lirgc fsntinent NOT
Jingle expreiiion in Wkinions depolton which ird-
Gates any High Ireaion, perpetrased by him Ihepre-
lent application is contrary every principle of ui
ce but 1t the court thinks tina, he orght ~ be bourd
Tor this charge we ha (ubmit with Difference to its
deeiGon.
| Mr.. RanSoieb. The que1ion is, whether there
exits probable evidence of High Trcafou, agairle
COL Burr But this is novel and mott extranrdina-
| ny proceeding. Why does not the preiecut.on ihav,
that there does exit uflieent caufe Why do .hvy
nos produce their evidence If it be fu2ieientiY
trong, the court will doubt purlue the neceiary
meaiures.
| Mr. Ie'Ra.. Gentlemen reem TO confider the
Prelent recognizanee amply fufIicient under any
| Pottbe crcua,Aances 60 detan Aaron Burr here TO
aniwer to the charge of Treaon. of very diff
ierent opinion. | think with the Attorney Tor the
u 5. that nothing is more probable than that GER
tain circumstances may induce him TO efeta h.s ei-
! cape nor have the fame confidence which his
council fem TO entertain, in the pciiblity OF his
remaining for tral-On the former sxan,ips atom he
was bound over but then it was evidsntly for
| very jnaH FUN and why Becaufe the Chi.s
Juaiee himlelf oblerved that as Col Burr was WITH
| ii r. Tho .la .@TI
create the difficulty of his obtaining even finsll
bail even for this imaller offence; and becaule h.
| completely excluded from his view the prefept
charge. Asthen he decided tina, this FUN in which
| COL Eurr is now bound is final. { one than the
charge OF High Treafon would have warranted it
ieens to ME that great reliance is placed upon
the prefent recegnizance.
Mr.. W'irt begged leave to make few remarks
on this iuhetf, though he had not 70 fully prepared
himfelf as he would have wfhed becaufe he had nor
expected that it would provoke fuch dfcufion -
Mr. Wickham appears not to have underfood this
ubleet with his uual correctness, when he declares
that the granting OF this motion would have the We
ry fame effe& granting the motion for commit
ment.. WHAT'S the object of this lail motion To
commit a. Burr for High Treafon. But the object
OF this prefent motion is merely to keep his perion
here to abide the opinion of the court The Other
was, to keep him for trial. The eifea therefore IS
widely different and we fhould not, as MIR Wick
| ham contsnded, thus gain our pont-He fuppofes
too that the prefent recognizance will hold A Burr
to aniwer the charge Of Ireafon. But ii he looks
at the terms of the bond it will once appear that
1t is recognizanee only for nifdemeanor and nor
as the cuitonary form is, to appear to anfwer for
that or any other crime which may be BROUGHT a.
gaint him. This recognzance may the refcre be ff-
| heient as to the mildem eanor but not on the
charge OF Ireaion lris perfectly mmaerial that tie
preient motion is brought before the court II is
preeieiy the fame thing ash were brought before
the fame Judge in his chambers--Bu, if in thar
cafe if the examination were to contiuue for more
than one day, wha, would the Judge decide Would
he let the acculed so large or he would net "a
her at the eloie of each evening hind him over to
| his appearance on the fabiequent day In faa the
court has already taken this very Rep. On the for
mer examination, the Chief luaice demanded and
took bail; andurely what was proper then, is pro-
per now. aPPrehend tina, the prefent recoeni-
zance is to be forfeited ONLY in the cafe of the mil
demeanor; but if Col Burr is TO be brought up for
| figh lreaion, ought he forfeit (omethiuq
more comfortable ?The motion in fact refolves IL
ieli into this iimple quefion IF A. Burr be bro'r
before the eours on the charge of High Treafon and
| Imported by probable cauie, will the court
bind HIM TO his appearance this dainct original
| motion
| Mr. BOttf oblerved that the ftrange principle ad
vocated by the protection was, that the former
examination did not at all preclude the prelent mott
on But ii this be true, W hat would-be the confe-
| t"SH~S ihal every edltlOn OF the volume OF evil
denee might juttiiy new enquiry.-No warrant has
been iued for the apprehension of Col Burr; and Of
courie he did not and in the fame predcament as on
the former occalion.The council for the profecuton
feened to have prof,ed by one of the faons Of old
times; when they wanted to try witch. IF ihe
iwam, he was of courfe condemned to death If ne
was drowned, ihe was to be acquitted: And thus in
| the very experiment of deciding whether fhe was
guilty of a crime, they inflicted upon her the very
! puniihment, which belonged to that crime In the
fame manner Col Burr is to fuGain the fame punin
ment, while enquring whether he deferves it. as
! would only have refultcd from the moi unravorabl.
deciion-Let us iuppofe cafe were to G,gget
to this court, that fome perfon preient has been Jul
ty Of crime, as the Attorney for the u has done
would the court think eIf juRi6ad upon the errdie
OF my bare word to bind that peron for his
animation preiume Col. Burr is already bound
by his reeognizance: This recognizance is Gficent
to keep him here until the court may dfclarge HIM.
1.-The departs, the penalty is of courfe efreatsd.
sS'=-,zs
~ For 0dVerfjcme9fJ and n co1fi1uafion NJ
f5e trial. fee eur extra q,bieb zviH BE- bn6IiEr9 u,
f5e eoart IF tbe oflernoo7.