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


could farely entertain no doubts on'th fubiset
LET the court once admit as an exception to
this general power, that the Grand Jury was
in fefiion, and thes will eftablifh a precedent
that is fraustt with the MOT dangerous confe-
ouences. It is eafy to fee through the obiea
of the oppoGte co1ufel when they prefs this
principle. .
Mr. Wiekhcc'. Itwould certainly have been
an accommodation to U.S., to have had this mo-
ton put off until tomorrow. We come into
this difcufiion completely off our guard, COM
p'etely unprepared, and certainly it could
have been nothing but forgetfulncfs, which has
prevented the oppcfte council from giving us
timely notice of the motion they intended to
bring forward. There was an agreement made
between us in the very hearing Of the court,
that If any motion was to be brought forward
on either Tide, they were to give timely no.
tice to the oppofite party of the object of their
propofition. am forty that they have de-
parted from this agreement in the prefent in.
ttance but If | have not forgotten every prin-
cIple of law, that ever learnt, or every prin.
ciple of common juaice, this motion cannot be
Imported. ~
Mr.. Hay. The gentleman will permit me
to fet him right. He might have relied upon
my can6or, that when was about to Law nv
Indictments before the Grand Jury, / would
have given him timely notice of my intention.
They might then have moved for the inftruc-
tons TO the Jury, which they are 70 anxious to
obtain. This was the only understanding be-
tween US on the fubjetf and our agreement
extended no farther much lefs to the parti-
cular cafe before the court: On the other hand.
there was very ftrong reafon againft our ma
king this communication. feel no hefitation.
iir, IN afiigning this reafon and hope that
1t will wound neither the feelings of the pri-
Toner nor of his council. / did not intend to
have laid 1T before the court but now con.
ceive mytelf called upon to be thus explicit
The fact is this, Mr.. Wilkinfon is known TO
be material witnefs in this profecution. His
arrival IN Virginia might be announced i'm this
city, before he himself reached it. do not
pretend to fay, what effect it might produce
upon Col. Burr's mind but certainly Col.
b. would be able to effect his efcape, merely
upon paying the recogniZance of his prefent
bail.-My only Object then, fir, was to keep
his perfon fafe, until we could have inveftgat-
ed the charge of Treafon and I really did not
know, but that if Col. Burr had been preyiouE
W apprized of my motion, he might have at
tempted to avoid it. But did not promife TO
make this communication to the oppofite coun-
lei becaufe it might have defeated the very
end for which it was intended. have Eaid
the only pledge gave, merely related to the
indictments to be TENT up to the Grand Jury.
gentleman too well not to doubt that he had
inexperienced him. But what could he think
ct the motion he had made? 1t was a ftranee
Explode which he weaved into his tale Itmay
De good poetry indeed, but it was not certainly
proPermatter OF argument. Every who hears
me (; every man who has ever read on the f,b. |
Ject, mutt know what are the feelings which
dictate thefe fufpcions of Col. Burr. Some
mortihcatIon was felt by his enemies (not that
the attorney for the u. S. binfelf even felt it
tnat ne did return here for trial. But here col.
Burr is, and will always be, to meet every kind
OF charge that may be brought aeainft him.
The gentleman will not open his cafe and
why! Becaute when he has heard our argu |
msnts agaInit his motion, he may come out
with the adverfe arguments againlt us-If they
90 not chofe to open their cafe, we hope the !
court will grant US the right to make conclu- |
five reply.
mn. Hay. Then, Sir, we will produce the
evidence.
the order of proceeding.
After fome conversation the Chief ;.tRice de- |
termined that Col. Burr's council fhould pro-
coed with the argument.
Mr.. Wieibau read from the aa of Virginia
page los of the Revifed Code, feet. 8, as bearing
upon this cafe.-He obferved that the prefent mo
ton was alto unprecedented in fylem of crimi-
nal Jurisprudence which upwards of 100 years
old. If the motion be proper one there mutt be
fome preecdents in this country or in England
But if there be none fuoh, and the gentlemen have
produced them, it is but fair to infer that there
fuch. 1t is therefore obvious that the pre-
fen, motion contrary the acts of Virginia as well
as TO the common law.
The attorney for the U. S. has faid that he
can take no final meafures till gen. Wilkinfon is
prefent. His depofition is greatly relied upon.
Now, Sir, refer to you as well as the S. Court
of the u. S. where you prelided, that the facts
contained in that depohtion (if facts they were)
did not amount to Treafon but TO probable
proof of the mifdemeanor only. AS to Gene
raj Eaton's, it is not relied on. The fDle reli-
anee of the profecution is upon Wilkinfon's
Of courfe, if Wilkinfon himfef were prefent,
he could prove nothing new. Bnt if Gen. w
is 70 material witnefs, why are they not pre-
pared to GO with him before the Grand Jury p
Why is not Gen. Wilkinfon here He is mi
ltary officer, bound implicitly TO obey the head
of the government. In :he wars of Europe
tauce at the head of his army in iborter time
than gen. Wilkinion has had to pats from N.
Orleans to this place. He is bound to go
whenever the government directs him 10 march
to Mexico; TO invade the FIoridas or to come
to this city. Perhaps there are other reafous
fer his not coming. But let us not pTeis this
fubiect.
What, Sir, is the tendency of this Applicant.
on What is the motive have no doubt
that the gestemen mean TO a6t correctly. II
with to- can no imputatious. But the Council
and the Court will know that there are fet of