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Federal Gazette & Baltimore Daily Advertiser 1807/01-1807/06 msa_sc3722_2_6_1-0547 Enlarge and print image (4M)      |
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Federal Gazette & Baltimore Daily Advertiser 1807/01-1807/06 msa_sc3722_2_6_1-0547 Enlarge and print image (4M)      |
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t
after h", had" besn acqu'tt; 3 by a granfl jii-
ry ! ! Well ! he was transported tbcnce,
(with humanity, it has been said,) dragged
on by eight musqueteers, who were ready
to shoot hiui at a moment's warning ; re-
fused any appeal to the judicial authority ;
denied even, the melancholy satisfaction of
writing to ail only child. Was all this hu-
manity ? Dragged before this court, which
derives its only jurisdiction from a little
speck of land on the Ohio. Yes, sir ! but
tor that littla spot of an island, Virginia
Would never have enjoyed this honor !
"What is all this, sir, but oppressive and bit-
ter inhumanity ? I trust, sir, from what I
have said, that no one will think with Mr.
Wirt, that I am shifting the question from
col. Burr to Mr. Jefferson. I should not
have made the observations which have es-
caped me, but to show that my client is jus-
tified by his situation in stating every objec-
tion that he can to the present measure.
Mr. R. observed that at least one disadvan-
tage Would result from this inquiry ; that it
was not clear, as Mr. Hay asserted, that
the affidavits would belaid before the court
only and not before the grand and petit ju-
ries, for the grand jury would soon be pos-
sessed of the Substance of them : and that
it was nest to impossible for them to sepa-
rate the impressions thus illegally to be pro-
upoh their minds, from the weight of
voce testimony.
Mr. R. Said, he did not understand Mr.
xpressions About oVirain persons in
and corners ; that if however he
meant spies, there were none such ; and
tfi.:t although trie government certainly had
employed no spies, yet that it has excited
so much prejudice against colonel Butt as
wa,s sufficient to make every maiv : i the
¦¦• de*irans of contr&utthg his full
uvtton against him. Mr. H.
coft'iMotled win rt-riraiktug, :h '. the present
: Tj-u-rU'rjt h - been permitted toeri-
i field of discussion ; and
I ;vi\ great (pies ions w'nich
lie tlKv.i1.1 suhltn! to the consideration of
ort : ist-: Whefber *here Vere any
precedents in firvor of the present motion,
and 2<1 : VS'UetKer if a proposition lilte this
i gre.at importance1 was adopted,
it vi'iliiot yield a precedent, that would
: "vory man in the country to oppres-
Vd, that this was a charge
I 11,.? judge had already decided on a
minaiipn ) that it was not a Sjvp-
r:»:"r j, not the old one; tbatper-
; . s there nu'ghfte some little affidavit to
s^'ice outlsotne defect in the former evi
; out what would be the consequence
of this proceeding ? Day after day, ¦
and another affidavit would be brought forth
-yfacts like Bf'lypii are easily cut into two
or tiwejf pieces ; and each bf those atoms is
to - quire a new recognizance; Per one af-
fidavit there must bd a ball of 1O8O dollars :
,\, another 1000 dollar^ ; un-
Mioi bail is so oppressive as to
" , ¦¦ no other resource, but in the four walls
of a prison.
Mr. Hay observed that be should simply
notice one-, remark of Mr. R's. That gen-
tleman use;', (he expression of a " pioneer
cf bl 'Qtl." But surely it would not have
escapftdhim; had.Wbttf for one moment
seriously reflected upon the court whom he
addressed, upon the counsel be opposed, or
tl 5 government. Satisfied of this, Mr.
Hay Said be should pass the observation by,
without further notice. »
Mr. Randolph sutedlh.it no shnilar case
rcorred in his thirty years practice.
It was not wonderful that such a case had
not occurred. (Mr. H. here cxpaeititcd at
some length upon the difference betwon
the state courts of Virginia, and the federal
court.) He proceeded then to observe that
the TJ. States"was amort extensive country,
ired to the state of Virginia ; that a
. most material witness might be 1500 miles
from the court before whom he was to ap-
pear ; ard that he might be at the same
tins at the head of an army ; injall which
circumstances the federal and the,state so-
t.-.-i./iuies were different. So that this
diderenr.e altogether defeated the application
r.f Mr. R's experience to this subject, even
if that experience had been admitted as good
au hority in the state courts. But even that
gentleman would admit, that had a similar
case occurred before the state courts, the ac-
cused would have been committed.
Mr. Randolph asserts, that this motion
is made to draw fourth the opinion of the
court, and thus to prejudice the minds of
the grand jury. But Mr. R. has certainly
forgotten that this intelligent and impartial
jury is on their oaths and their consci-
ences ; and surely this court will not pay so
little compliment to their independence, as
to admit tW its own opinion will be suffi-
cient to bias their judgment ; more particu-
larly too, when the point before the court
is so different from that before the jury. It
is the business of the court to commit and
of the jury to indict ; and it is certainly the
privilege of the ceurt to decide upon writ-
ten testimony, although that point is not
so perfectly established and settled, as it re-
lates to the grand jury. How the court
wou'd decide upon the point, Mr. Hay said
h: could not pretend to know.
There is another consideration which
should be weighed by the opposite counsel.
The grand jury is now already embodied.
They are ready to proceed with any business
¦which may be brought before them. But,
my great object, said Mr. H is to prosecute
col. Burr on ths charge of treason. 1 make
this declaration because 1 believe him to have
been guilty of it. Let us suppose, however,
that the grand jury was to discharge col. B.
from the misdemeanor ; and then that I
was to bring the present motion before the
court ; what recourse then would Mr. Harv
h have ? From the present proceeding,
however, Mi-B. would derive the advantage of
an immediate trial; whreas, accordingto the
1.ther mode of proceeding, weeks & months
might elapse before lie could be brought to
Aiul certainly it is in every point of
view more desirable both for the government
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