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

verfality of the proportion that we have laid
down; thar it was the right of the com, TO
commit in every caf-, where frey deemed il
PtoPer.--7be1 FAY tt2t in this csrr the puwSYs
OF the Grand jury ard The Ccur. are concur
rent. Strange that they fhould eo,set HE i'm
.osnie oiference between their poke There
sa difference in the evidence neceGary r, con-
vince them. We are not bound to fubnlit the
lame teftimony before the Grand Tory which
we may produce before this court; much ,,,,
before petit jury. Afidayiis may convince
the court that it is proper to commit but il
10 not yet perfectly certain whether it be proper
20 exhibit them before Grand Jury. ] am,
however. unacquainted with the opinion, which
me court entertain this point : but win
boldly enquire, whether flould diGcbsroe M,
nonet duty, were TO fubmit my indictments
oefore The Grand Jury at this moraert, yvbcn'I
nave not all the material evidence which 49,.
may poieis! Sir. theie gentlemen NAV cas-
their sroundiefs cen!Urcs upon me: bur IN
VAN: all their clamours will never move me
from my purPoie. The couric, which / an,
Puriu'ng is iuiiic'ent to fatsfy my own con-
iciehce and 1t is indifferent TO ire whether ten
or ten thoufand men iioud iain in nv con-
dc.nnatioR.
Mr.. Bolts afierts, that we have produced M
authorities to prove our petition and thai v,s.
nave none to produce. But is it right TO br
continually recurring to precedents? Is ,here
no allowance to be made for the operations of
common ienfe, in airy cafe ? Where CAFES Of
douot and difficulty occur, reference of th:,
h'uo is certainly proper TO cniighten ard sl,r,ily
ou' own Jusgments. But even admitting the
propriety of Introducing precedents in the
whole extent for which gentlemen contend. !.
is their bnhncfs aud not our own TO comply
with the reqn!iiion for precetlents. We ANA
upon the broad, general principle, thar court,
have the power 10 commit. If gentlemen con-
tsit this principle in the prcfent cafe, whv do
they not Introduce their coun;ervaiiing auiho.
rites ""''
Mr.. Hay exprefIed his regret that HE fr;en,,
Mr.. Wickham had not more ic,ioully me1i,t-
ed upon this fubje@, before he had urged HI,
OBJECTIONS that if he had underRood It with
MIS- uiuai correetnefs, he never wonld have
troubled the court with the law of V;roioi,
for that this law had not the nightr1 bea,inr
upon the tpecific proportion qefore them.
MIR. Wickham enquiries why we do no, >.
once lend up our indictments before the Grand
jury and iupPofe, fir, We ihond purfuc ths
courie, which he recommends; iuppole We
fhould fend up our indictments on the evidence.
whichI is now in our poiiefiion. Several days
might eapfe before they would be able TO in
veitigate this body of evideacs In the mean
time lone or thoie numerous perfons who are
prylng into every hole and corner of this CITY
might probably catch fome di(tant hint og the.
probable deciiion of the Jury. Ibey have GER
talnly too much iifcretion not to keen ,hriy
own council: but it is absolutely impo1ibI.
to exclude completely the bufy eye OF curiolitr.
Some vague infinuations may probably efcape;
Something which might iuitify fufpicion Of
their determination. Suppofs then that Aaron
Burr was to be actuated By thcfe CONFEDERATE
ons: iuPpofe that his fears (;f fears he can
feel , ifould prompt him to eicape What,
hr, would become Of our indictment? NIB.
may quit the q. States: he may Zee for ever
beyond the juriid6tion of THU country and
IN that cafe the whole world would ridicuie
ne for the rai,rfs we bod r,..rdvt,. Or ict as
even 'uPpoie, that we were 20 withdraw this
motion; where would be our fecuritv
Mutt we truit to the indulgence of Mr.. Barr
himtelf for remaining in thu city and Aardiag
his trial?
We expect Gen. Wilkinfou here in a few
days. We have an affidavit which poli!iye!y
itates, that an exprefs to New. Orleans to com.
mand his preience ont this trial. was met on N.
frontiers of the MifliGippi Territory. We
nave ALTO Letters from the att orney general of
the U. States explicitly Hating, that General
Wilknion has been officially authorized to
leave the army of the United States, and to
teleet whatever mode of tranfportatiou he might
think proper. (Here Mr.. II. read the afida-
Wit, ihewing that the exprefs to gen. w. had
been feen in Athens, in the ltaie of Georgia.) In
the mean time, what is Col. BIS ftuation |? Il
is completely optional with him, whether to
itay here and face his accuiers or TO avail
himfelf ofhiS liberty and leave the u. States.
We call upon this court to exercfe the autho-
rity with which they are inveited; and by bind
ing over Col. g. as well on the charge OF
High Treaion, as of MifJe meanor, to detain
him here for satisfactory trial
Mr.. Hay faid, he fcarceIy expe6fed to have
been afked, why general Wiikinion was not
here The gentleman hjmfeif has C,;d ,b.t
he is general. Can he then leave his army
at any time, and without the permlfon of the
government Make, however, a comnutati-
on of time. The attorney general LETT ibis
city on the 4th or Ssh of April. He reached
Warrington on the 7th or stb. Allow then
a Reasonable time for an exprefs from Wafll-
ington to New Orleans and for man of gen,
WIS age and bulk to travel to this city, & isit
probable that he could have arrived here be.
fore this period If he awaited himfef of the
liberty and means to come by water the gales
have been lately very frvere And even two
of the Grand Jury had anurcd him that if gen.
w. was expoled 20 the late tempenuous wca-
ther, he would probably never fec the United
States.
Mr.. Wickbam has cxpaIiated unon the at
tempts made 10 prejudicate the pubic opinion
through the medium Of the prefs Sir, great
deal has been iaid and great deal will yet be
iaid on this traDfadion. But are The prefcs
fhut againa Col. Burr? when even in this very
city certain prefIcs have been found to vin5icale
his uotivea and dgGpue .Ilut oh % IS ~ az: