Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-01-20

! Hlr. Dlveiss saw nothing novel, nothing
| out OF the common mode of procedure, ex-
cept the conduct of Mr. CLAY. He confcs-
sed there was something novel, and some
thing extremely singular and unp-ecedent-
Cd III the proceeding had in this business.
NO person, continued MIR. ID. has a right to
call me to order in this proceeding, hut the
judge himself. Upon what ground then,
am now interrupted? have once stated,
and mad hoped gentlemen have understood
. me, that the trial, until an indictment was
found, must be entirely eX-plrte that no
counsel, except the United States attorney
could be listened to, or legally recognized
by the court. ] am therefore surprised to
see col. Barr and his counsel stih present
: themselves in court; and more SO, when
Interrupted by them, in the discharge of
! my duty, and called to order. lie hoped
, the Judge would permit MIN to proceed.
! Mr.. Clay said, he appealed TO the prac-
/ tice OF other courts-ycaterday lis honor
addressed the public attorney on this sub
iject-ae was wiling to give up The point if
either equity or law appeared in his favor !;
/ hut he WAS Can't lent that neither would
| warrant the demand of Mir Dayies,.
Mr.. Davies. Although (said he( I re-
spect the Jury and believe they viii do what
J IS right, yet believe they are ignorant OF
! the p'an-they possess no detail Of item
selves. lie said the most studied attempts
70 cut OF al! investigation had been made
! on the part OF col. Burr and counsel; OBJ
serve tGe proceedings before this court
see the opposition made 70 every measure
( ! attempt; then mark the course of pro
cerdings among the people, and saw who
( viii, that the object is not to prevent that
( full ANA .air investigation which would pro-
mise success Mr.. Clay still called it a
novel proceeding lie again repeated he
saw nothing novel except the appearance
OF col. Burr aud counsel in court, and thrus-
, ting themselves forw9rd 70 be heard, when
the court in, strict legal Justice. could not
! know them III that capacity. He hoped
1 the court would not hamper him or suffer
col. Burr's counsel TO Interfere in the pre-
sent case.
Mr.. Allen declared his right obe heard
on tins occasion, and nc was Indifferent in
what capacity he Was considered. lie wish
Cd the grand Jury 70 attend 10 Che spirit 81
the constitution. Ihe right lue said) for
winch the public attorney contended was
OF Inc most serious nature, and If allowed
would affect in q rcrcriaI degree therizhts
ot the citizen. I'm matters of facs, Nr. Il
len said, the public uttaracy hal 10 r,ghi
70 appear; X Was solely in matters of law
tia. his presence j. necessary. Even III
tine governmen. o. England this IS ,hc case
and much more sh5uld il be 80 in the u
,otfteS. whore cur constitution ismuth mors
,cNphcIt and better defined.
Hic. Cav cared Uot in what attitude he
should he codslIered IS staudiQr; bus ht
would instantly rcuounce col Barr and hi,
cause, Elii he entertain the slightest idea
q his 5uilt, as to the CHARGES c.uibitcd a.
gainst MN BY Mr.. D2veiss. You have
heard o. inGuis;tons in Europe. (said Mr.
Clay yoH have heard of the screws and
tortures made use III tie dcus o. despo.
uSn, 70 cNtort Confession /; of ting dar, con.
iciaveS and cau1uscs, ior Tic our, Dsc Of t,yis.
itrg some incCacrCHc expire ssi.n into evi.
,dcncc OF guilt. lsnot the project cf tho At.
ltorney Cor tic United States. a similar OBJ
.Jsct Of terror. But I'll viii o. do; all ,h;
are Of the attorney viii not cftct his pur
pose. call upon him TO prodVce siugl,
instance where the public attorney la
bccn accustomed 20 examine the SiNcssc
before the ga7d iury, to sUpnS ne 'ery anC
enter into ali their sccrcts.
Nlr, Davciss. Should The cours rcrC,
vie. The counsel Of col Eurr, shall cclsi
dcrit as completely cro;hc ring all tie tee
timonv, aud the jury Sill soin(o the exam
lindtion hoodwinked. CDon former coca
sion, when il was known 7 Ccrli rot proceed
Mr. Burr was gricYed 80 the heart, that
could not. Hc appeared in court, and be
iwaj!ing li:s fac that h~i nor rrocccdc,
before the grand jury, AL addressing tn,
people, prayed ia iutWs thSt they wuul,
pass no opinion hereafter III he Was hear,
in bis own desanc-. What follows? IRE
better propre1-caii Tor another Erard iu
~ ; expresses dare through TIC courtr,
from Mr.. Barr in an directions the gran.
ljary cones anil before it, comes Mr.. BuiI
for what? 10 challenge enquiry? N,
iSir, no, it is t5st'3c i.--Tt is 90 d.slayvast
arrangement in precuairg investigation
I An attempt was even made this moui1g &c
set the panel Ct On. grand jury aite ed,
, nc innocence Mr.. BUR- tries for. f. anC<-
I cnption front punish pcnt; but this is de-
, sired Co be got with rs much tc.rt rs pos.
siDie. Great cries OF persecution urare,
/ the innocent Mr. Burr, are stored ny read
/ to issue against nc if -hs event win iusuf.
( But public clamar silIou-l VERY unp'ta-
SAINT never shall ait-r my Course for af-
/ ter yhc Information have received, and ou
Which my mind Implicitly -rvos~s,. e.
/ vcn visa. have beard from that gentleman.
{ though the whole Community should cry Out
against me-, and rGu a..cr t9i5 atycrtarar,
yet ] woa,d stand asa rJct lei, 5v .hc ch-
b.rg sea, ever c1ui1cnt that p htUc time
! more would fad inc again surrounded ~
tlr f1od
/ Mr. Clay declares lis c-.Gde7ce # the
. Innocence Of tne e~-uea1 .t4t 90. D. u.,.t