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I
T4DotlJ, tt ANN,
'Paiml'le tn Advance. . -
0AmiGtfj mDVARY: 1 807. :
xber
ion
j".f '
if -)
"Cm
- si THi Vatksali ftLidfft; .dhield an pat the reputation of a gU j IflTued ,'at the order bFltn courf , jhe par-
'V i ' '' T f feri f rpm ,.tbc -.arm. of ppwer ; but" it Hie arretted and held to trial.- Two of
tneieproiecutions were 'agamlt. printers
for pobhctjcnsr'Xvhfcrr had appeared in
their )3p'ersjtvo again ft; .clerical gen.
jlemen fdr words uttered by theml The
cnarfjts uucnuea .ip various oueiuons
fU renewal r tne-tpoaon. ny . iir.
y'rie - tne coctnne contended ior by the attor
iiiz v.. 1111 ..inn. j . 1 1 - nirviirn 'ill . uiiniii
become a"n engine -.of opp'reflion1. He
conceived'that if one partyeiit into the
h V ior a grid jurfy being commu? 'jury room, the Pther might alio and
ijU .. n.j i,t .fpnilfPt . tn , Ihould a difference ofohmioiiralc'eiilace
in uj'wi' ww..w . , r ------ -- i -- -,-y
1 ' i
political .condu'cl, mbralhyj ed enquiry
, red in court; the grand jury alio i.nis, tnererore, would in n;s, opinion
Sed and thr judge delivered' the ; totally deltroy.'ths objed in view, by the
'P l-.u k.,x.0rt nnKi; iV f ' retif eitteiit of the. crand iurvand the
V"' fc.. . i 1 i examination mieht .h:wp he had in o-
!t D-viefs inbrmed the coiift'that ip'en court. MrB, confidered ihe jury
vi'i'nbf ready proceed, and would .as fully cpmpeteiiMo put the neceffary
K-rrtill fit th'e .withefies were. I.queftions to. the wirnefiest-and hoped
-m XrounJ V'thM' tvo of th'e'th'had.: that the regular-courie -of-pi oceeding
r Vet appeaVedJaiid intimated : that j would not be departed frombecaofe the
Col. Burrs prden wa -not; required,
id was ra'-h-r ;citiitatit5u3 than ufeful
toWCM and Mr., Allen fuggefle'd '
nd jury bdna f worn' and
hfted had a riahtto meet at fuch times
i'i li'Cy JIC1-U) till! kVlO liri. 111W11IV.IV.
j ('fayin'aniwer fOtne:remari;s winca
r, ttftfi&tq reproachCol. Burr for his vo
h f yntary appearance, was animated and
ir.?cnuous and corimanded the afient
...maaniirauon or ine. auuicnce.
attorney chofe to call this cafe extra
ordinary one. "y ? ;-: . N
The 'judge pronounced againft the
clai 111 of M r. D: as being without ,pr ece
dent, and of dangerous example;'.' ' r.
declared that If he had
would. have been
privilege
i
itorhave aiked
Daviefs then
known this
r . 1 j
rciuied ninr, ne
for a grand jury.
On i hyrlcay mprlung gen. Adair ap-
111 court Air. ..Davreis aiked
leave " to hand to the grand jur ctr-
I'he -.'tain fets of interrogatories which he had
ii'i (.uiiim winiui.'ta. una
r. "
remec:
and religion. It was afubiccl: of vafl:
J jn.i.i'i t. ' '111 ... '. .1 ' I 1 ,
mourn ue auoveu o a.puDiic accu!or
afrean indiclmehr was preferred, !nf
truth was not perrtiit'tfcd to be given in.
evidence; and rhat.'uuder this dotnne
they wdy ld therefore, be worfe off than
under ,the .edition jaw. He hoped the'
rcfolution would be referred to-a com
mittee of .thexwholetomake the propof-:
Ivlr. Bid.w.el agreed that a rommiffee
of the whole waixthe proper plee; for.
jcumigpfiiiupics?' -li nereioutionwps
holding his place at the will of theexe- to framed as. to anfverthTs niirnnfr.'.'it
cutivepf the U.S.i .. . v... . , t fliould have hf.apprdbation. ::;liut'the
a 1 - r.r i. f . t- -L- , ,
n.i uuuiiih)i 1.1 w d uucner ;nuy oe run- oniy quciucn, in its, prelent torm, was
merely for the, iptfomtiiienVof "a'i'elecl;
jeded to fine and imprifonment accord
jng to tlT dilcTetion of the' court, to
Which might b 1 iidded the mutilation
! cf the ears. 'according tov the doctrine of
t.oke, "in ine ..jstar Chamber. Secunry
commitree. to inveftigateCihe lubi.ctt.'
which inveflj"gatipn '.would be njo( pro
perly made in a commit tee of ihe'whole.
Mr. Quincy jaid that the objection: -of-
. be decided thi the crand iury had i prepared for certain witnehes ;
aVituntii difcharjed, to retireto their 1 was immediately aflented to on the part
flambtr and procetd to inquire of anyl of cel. Burr and gcn.T Adair, the jury
patters within the C)here of their duty.
They accordingly reired and after Tome
:ime returned mto ourt, and reported
tfiatthey bad nothirg to prefent. v
:Mr. Daviefs inionied the court that
heftctild have loin&'hing - to lay before
them the day following. 1 he court then
journed after hating inftr,ured. the
iury to appear ch the day following at
"ibVc'.k. '
On Wednerday the 3d infl. the court
met, and the grard jury appeared. Col.
Bun- was alfo in court ; the judge, then
tool; occafion to fay, that the former
1-ur.d jmy had been difcharged on the
resell ot the diilrict attorney,-without
jit-ceedir.y in the enquiry, .which ..on re
fiu'li;'ii he deemtrd improper, as on f'ar
trier 'conTiilenrnon he found his, opinion
1 ! not been luilcently matured. Mr.
Ibvie's then called to htm the foreman
of the gra.nJ jurj,. gave him a paper, and
fa'd in. an auaiole voice;'. f his is an in-
being informed that it was hi their di!
cretion to; make e.'c of'itheni or not as'
they might pleafe. Afier lbuie time'the
jury came mro (ourt and returned the
bill 'preferred againlf gen. 'Adair. "" net a
inay'alfo be required for good behavior f his colleague i'gemed to be to the wo'ri
ior nis wnpie Jiie.. 10 tne amount 91
fine'there was no limitation.
- There was alfo (ia tliele profecutions
invplyed an intsreftin'g quefiion ac, to;
eviderJequ Shall the truth of the charg
es, qnce.,eliabliftied, be cenfidered as
conclufive evidencer however purerthe'
intentions, .of the accufL'4'inay; be proved
to havfi been? V t f i ;! t'hi$ u c J ii o n wa's
connected the provifttSfba celebrated
declaratory1 tat ute 'tartit' thrcugh'the
Brififh parliament "by"' uiffinguifhed
man, a"s nplicating-f hepoint" hbw far
this ftatute ajfecled the eppnnen Iaf in
the It. S. Thcrd, 'was-'fikewife anciher
enquire. Mr. tnougat it was mpit
proper for. ;he tHoufe in - committee of
the, whole .to . determine ivhecher 'it
would be expedient r "to. appoint a" feieV
committee to enquire, lr it mould be'
decided that noJiich enquiry is expedi
erirrtherevlrtit be an end of the boTi"
nels . If a contraiy decifion W.efe ma'de'J
tf. err a coriiiplifde niighr be pjrjb1rf;ey.ttr
would noiTay that the refoluuoh di'd not ' '
pnrrciple of vafl 'importance,. '
. . ...... . . . 1 ..
contain a
well w
ct mvcfticaticni
V.KlS
ictineiit 'again li general John Adair.
I;lhau!d he noted that the abfence of
I i'ieral. Adair was on the preceding day
vRaed as a reaibn by Mr. D. why he
uld not proceed againft Coi. Burr.
BetCret he grand jury withdrew Mr. D.
laid hexfhould claim it as a rigiit to go
into the Toomwidi the jury ; and on this
claim of nght, a debate of fome length
tnfued, in piiiclwhe ground taken by
Jlr. Dwas-cent elted wit h abi li t y and
-luccels by UrsV Clay and.Al en.
true biil" r.ir. Pain Is then' handed to'
the foreman an ind'clmtnt. agairilt col.
Burr,- and ihen wnhdmy. 0
On jMiday the 5th, the court met at
th.e ufual hour. A buz ran through the
court room that the grand jury had fent
for other witncltes witneftes not dilco
vered or c-fl'cd by tliediltridt attorney.
Co.iijeclv.te and cxpeclaticn were alive,
hut were fucceeded' bv dtcnifhwent.
when Mtflis. Wood anfr Sitter,. editors
of the Wdlern World, wefe brc -ughr
into court and fwem as wimeflcs, nnd
fevcrally ftnt to the grand jury. Thefe
editors had publifhed that ihey were in
timately informed cf ail col. Burr's pio
jtdSj r.nd particularly that they knew
ihe terms of his contracts and erage
r.unt with John- Brown and gen Wil
Hhlcn,'ai:d that ihty wcul i at a proper
time lay them-before the public It
Gceim the grand jury, deemed this, a
proper time and called )hem to.teflify
1 p what effect rppears from the relulr.
, A bou 4 two o'clock the grand jury
came into court and-iemrntd the bill
preferfed againfl Col. Burr, Net a true
t III. I he foreman then informed the
court that confidering howJgreatlr the
j public mind hadxbeen agitated and dif
AsJboh1 ..as :' MrUBurrV couhfellliad' 1 turbed by the fuhjecls which had been
eir arguments on this point,' he ; under; thexonfideration of' the'.. grand.
awjlc and addreffed thecourtih a neat, jury, tliev have -thought it their dutv to-
prepare a fpecia! report, which they had
peiunenrndTargumentative fpeech.
He called to the recbileaicn of thofe
Wentthe couife this bufinefs bad rak
. On theBrft intimation cf a. charge
: beiri exhibited againlt lifm, he had
fifcaed' to preient himfelf. before the
court. He' hadMons fo a frond time
compuffory procefs; and af;i.ed
directed him to lay before the court.
The diftricl attorney then informed
the court that he had nothtng.further to
fay before the jury, and they were dif
miiled. . :'
. ' 'i he witnelTes or! this occafion were
more humerous than on the former.-
Mr. Davis Floyd, on account of hofe
rtthis. mode of Dl-OCeedinLr rvinrpit n de
fire to finother enquiry, as the attorney 's j abfence the firft enquiry .Was' poftponed,
'zealhadtnduced him to intimate. That
Pitienian would reColkcT: he had even
C(rh"rn.m rrounr the attendanre.
-etvitheffcis. flewilhedmi inveiligai.7-
to take place, and he hoped it would
t a Ltisfaclof ; one ; but at . the fame
, . .r . . .
was alfo prelent the croud of attend
ants : was .greater expeaaUoniJ- and a
Iarm much higher. But the' cllecl of
t hefc proceedings has been, to give to
Col. Burr a diftinclion and- inficiencei
quedioh, viz. whetipr llie, per Ion charg
ed vvi;h having uttered ilanderous wordj
fhalj',' have, liberty Jo ptfve the truth of
what lie uttered. Jhh&'tfiberty-was de
nied by the counts. of -.tftar; Chamfer in
f.Dgland. huch had. been die facl in
t he cafe of enga m Arnica, and in'a
c Ue vvhich hsd rcconily Occurred inoiie
of thefe ffates in,(the' lecond circuit of
the U. S. on the trial cf CrOlvvTll.
Mr. (X, c6nc!ucled' i)y ob'fenir'g that
he had fuggehd thoff 'idea's as an apolo
gy for rlkirii, thit the fubjeel might be
examined ;" and then cCcrcd' the icllcw
ing rcfolution':
' - Resc!v(d That a committee be appoint
ed to( enquire whether profecutions at
conmxon lavv Should be fuliained in ihe
courts of the V. S for libellous publlea
uons or ' -defamatory words touching
perlons holding offices-or places of truft
under "the. U. S. and whether it would
not he proper, if tfie fame befuflained,
to allow the parties proiecuted the libe'r
trof gi ving the truth- in evidence, and
that the commitre'rerlcrt'by bill or o'ther
wife. ; " - ; ; ' ' - -Mr.
Dana moved to refer the resolu
tion to a committee of the whole.
Mr..Bit'weil laid, the oljcft of the re
folution appeared to be merely the ap
pointmcnt of. acmnjutce to cuie... If
the mover would fo modify it as to ob
tain adifculiion of the principle involv
ed in it, lie should have no objection to
pit. It did not appear to him in Order to
refer ;a refblution for the appointment I
of a lelcct committee to a committee of
the whole horde, ' '
MiVpana infilled .jnatilherefcutiori
wks cleaHy in f order ; and that" if w,as
ufth'ecefiary 'tojgive, it .the form of a fpe
cific pfop'6fiiion to ih.furc tpthe fubjecc
a fall dUc'ui&t'h in committee' of, tlie
whole. ' , - V: . " ' ; ';-.'; . - '
rMrItmjGanipbeir remarked, that
if this rcfolution was referred to a'con
mittee ef the w hole, the only quell ion
that could be prcfented to them would
-be the expediency of . referring it-vto a
committe- to make the propoied .
opinion it was bed fh'ffc to fettle thepfin
.ciple in committee, of the whqie, '.anU.l ..
then inflr.ucl a felect coinmittte en. the .
nature.of the enquiry, and the degree to
uhich if fhould be made. . . " -
Mr. Ejpesjaid he -mould vote for a
reference of th iefolution to the com-
mittee of the whofeah hough he believ
ed it was not rirauunteo' in inch a form
a; it mould be, Vo infurVa dift irfTion of
the pTir.dples involved in it. Ifhe un
dttltood it.' it Would reduce the'ffoiife
to the neceflity of dif'cufUrg the quctlion,
which had been heretofore difcufTeri ,
whether the pafiage of a law giving a x
man a light to give the truth in evi
dence, would abridge' hs rights. . Ite
V
111 n . . 1 1 r
etmi a nave uuiea ine g.ent'.tman ioin
Connecticut to have haft d a fpecifie pro
portion, fuch as thit the -common law
of Kcgland is net a part of the law of the
th 6. and that; in all piolecutions it is
the light ; of a citizen to give the truth in
evidence.
Mr. Kppes fud he wjflied the gentle-
man would go fursher, and offer arefo
lution to enquire into the official con
duct of any judge -who had dared to in-
ilitute fuch prolecuticns as had been in- ,
tiirtated. lie would have no, objection -to"
going a- flep farther, to impeaching
him and voting for his removal. '
Mr tppcs'aidihat although hefhould
vote for the reference of this, refoiuiion,
he could not but remark- that it,was 'ex. .
traordinary for the gentleman f rom Con
necticut to make fuch a motion. Sup
pole the gentleman were to offer a refo-
luticn for-appqintingja "commute to en
quire x hethera citizen of. the U. 6.,,had
a right to the. privilege of the habeas
corpus atcT?yould not fuch a propofi.'
tioii be deemed moii txtraordihaf y ? - -But
to fnevv that he' was nof afraid to
meet the qu.eflion," once already agitated
in 'this country, .he was ready to refer ":
the pf efent 1 elejut.ion, as yall as to en- v
quire intothe, official, conduct, of, any
judge who had praclifed "the -dqcTrines
mentioned byjlie gentleman from Con
neclicut. !. : - . , l - " ;'
MrrDana -faid "her would "explain to
the Houfe the'reafons which had indue.
triqtriiTTTiixrTrnTc
.rna'de
which iit the-ordinarv conrfe of events
ecoxxdiiCvii. agreeably to' the kno.vn:f;hprcould not have "attained by many U"f tj
Kparturebemide therefrom inthepre
Vntinftance.oathe plea of -its being an
traordinary: -afe,. it. would Jay -the
ounwtionof aprecedent ihatAWOuld be
-Wy .dangerois fo - the liberty .cf the
vu -e P'lerved- tint Ytt had been
. Tr . Kar. attorney ceneral foia
e pectableltatvbut had never attempt
TOeright of examining wit
.spetcretlKGraiid toiuiuaw
. U J J UIV .J.V-J
I er mee; w apreGeden; that.cculd
yefumeicttorney ,ought to be
rT f'm would lend to; the. j u
i jv wir; .BurridJ bnfldered the ir
" jaryjas jnten J6 ro.
hope : arid believe .1 hat -thele adventages
.vviff.pe'ufed... by hini in mch a manner
only as fhall promote the honor arid in
terest of the country. - '-:
Ifcusk cf Rtpzcscntathesi
4
'i
' Fr 1 Mv7JA;
Mr. DAna ob fer ved that profecut ion s ,
l?e ; under 1 bod ,4were depend in g , in t he
buts;6fr!ih,jtJ;ShQtrifi
any exirting Itatute or treaty of the U.S.
cut profecutions fuftained; at common
law.. la four cafes warrants iiad been
cpuriie, wras to refer the. f elbrution in' t he
hrfrrinftariect;aielecl cdmnnttte, and
tret wards to Teief:"fwiitehbrTtdc6ni
rtee)fthciwho1e---V--i
Mr. . Clay faidtbiXt.Th"'e6'biefti.Qn'
to referring ;this ref6lution "to a
eomtntttee of the whmef Was that if was
belt to refer i t m theTitff infl ahce to "a
JejecilcQni ini t tee to'fct tie. the prin cipTe.'- ;
But this would be to invert the ulual, 1
cburfe pijTfucd' m the Houfe, which was
firft to -f ettle principles in .'a committee
' of the whole lie had underftoo'd that
in4he.feej.;c&aiiuit-the U. S. profe
cutions and fmiicfiniirits.had been made
at cora.nioir" law. :- - Iir" times paft,
which he :hoped w ould never return, a
fiditioii law had ;been paffed :U1iat lavv
cave ;e'ery niiri-accufed the "liberty of
gjvingthefruth.jn evidence. 1, lie unr
aeritcTdTttut,' under 7 tfte-conimoniaw,
prefent form. ' In the oblervations he 5
had offered, he had avoided all aliuflbn . . .'.;
to the7pSlt; quellto
agitated in this country.- , He did ript "T f
wim to' prefent the propofition m firs f .v
outlet; in fuch a form, as might give of- ':'?: y..:
fence tO:anVpart of the Ilblife : but in '' "
fuch a form thauhe Ifoufe-might, after;"
a deliherate invelligation of thefiibjeet,,
exprels their opinion "upon it.1- He ha3 r r-
fupp-afed it would be clearly in(ordert ;' . 7
in thl'-.committeejQLth'e whole,, to move i.;?,
an amenament, declaratory ot prm- r
ciple, initead of referring ihe enquiry to
a lelecl com mittee, in cafe .-that, mode
fliould be iletined inert eligible. .- : t-
Mr. G. IV, Campbell did riot wifh it 5
to be-'.underllpob! thatlrebad zny&ji&rt-f'
tron to the q-teft ion coming before the?'.:
TloufcOa'the'cdn
ii- . r . 1 . . -
mea-crraw rint or.tue cmzea iant
.1
.
v"f
V