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AND Ours are the planrf.&5r delightful peace, UnwarpM by partvYagc, to live like Brothers. i fp w in u i 'mm if .jg .ml. i . iii , j i .jy,' Vol. VIH. Thursday. June 25, 1807. Vo 405. Nortk-Camlina State Gazette TR I A L , of ;-v' GTclonel Sfaron 3Sutc (doNTINU;ED.) I' Monday, May 25. On Mr. Haifs motion to commit A. Burr fir 1 reason. At this moment the. grand jury re turned into court, and their names 'being called over, requested an ad journment. After some desultory convetsotin, between their Foreman and tlie Chief Justice, respecting cer tain points of form, they were ac cordingly adjourned till to-morrow 10 o'clock They immediately reti red from the court, when Mr. Hay rose to proceed with the argument. He spoke. in substance, as follows : I stand here, sir, tngaged in per formance of a most serious duty. 1 appe&r here in a' cause, whi h in volves the character of our -government. I come here, to charge Aa ron Burr with nigh-treason against the U. S. wiih iC levying war" upon his cctsntrv. Sir, it' was natural toi suppose, that surh a charge would have ni'de a most serious impres sion upon A- Burr's mind,; that lie would have roused all. the, energies , cf his understanding in his service : m vini-icaling himself c gainst such heinous charges, and not in casting imputations upon the government. "Why then, sir, docs he turn from himself against the administration. Wiiv these complain; s of persecu tion, which have fatigued our ears I I rnost. solemnly deny the charge. J most confidently avow, that there b not a tittle of evidence ta support it. None can he produced 5 unless it be a prosecution, that the govern ment brings him before a legal tri b'ina!, where his guilt or innocence will be impartially established. A. Burr stands accused of the highest crimes and misdemeanors, he stanch , charged with a deliberate design ol involving his country iti all the hor rors of a civil insurrection, or of en tangling her in a war with foreign na tions. This is the true question b-:-! lore the court, ahd instead ot meet ing this charge with; the energy an'' firmness which became him ; instead cf confronting it with his evidence ; lie complains forsooth of persecution. And where, sir, is this tremendous persecution ? ; h M " Because he was sent here by a military aulhotiiy." But could A. Burr been tried in the country where he.was amoved ? Was Bhr.ru. i has sett's island in th? Mississippi terr -toiy? Or ought he not to have been conveyed to that judicial district, which possessed u competent juris diction ? But if A. Burr ought to have been sent hcrq9 by what num- ' her of men should he have been es-cr.'t-d ? Was it by one man only ; from whom he could have been so easily rescued, and whose vijulanc lie ecu hi most probably have elu;ltd Or onghtihe to have been conveyed as h.e rcailly was, by the energy oi moUikeerkins, whose unshrinking firmness and whose humanity (in tht presence o,A. Burr himself, I avow it, let him deny it,: if be can '.) had completely qualified him for. the safe transportation of his piisoner ?. Jiut, iir, when this cry and spell cf persecution arc one excited, it is not easy to set brnmcls to its fury ? Not contented with inveighing against the pretended persecmion , the go vernment a govtrnmciu'which ne ver did persecute,: agovernment which c?nnot pevsectrle, ar.d which will forever stand firm in the alTec-ti-:ns of . the people, from tlie inte grity and intelrgence which mark its measures--uot .contented with la Vishing ihw complaints against it, the cposHeiounse! have even tinned j iioiUhb IruniVde instruments vvho ! cone! yet the prosecution, 'i'liev se- ly conmkun, tli.it we have givir no previous no:ice of tliis mo- and 'fe!";ese " are t! vcrv rifM who have vo of cn ofTcred moins to this court without ; the slightest inti m.dion to ohrstdves. Sir, I must pc-s-itivily assert, tliat no notice, in tht ) rtser;t;;i'so ought to have been gi Hii. 1 shall ;.ot': pi ctei.d lo assert ti.jt A. Burr was3isposed u- dertht iK vsent state of iliing-i, Ut tnect his ' !-ipe : ji I say, tht suppoiint? Mtch lo have been the fact, mifl bot.n.rv tli . !:::;: self cf the 1 - r:oft iK'm A ion- informatioo which we had imparted he should have taken tpllight ; I ap peal to the candor; of every impartial man ; I appeal to the, candor f the oppqisteV Counsel themselves, whe-r thcr I sfiould not have been guilty of a most gross violation of my duties. But they say, he ought not to be committed, because the presence of thegrand jury suspends the authority of this court. But where are the precedents to justify this position ? I have not made many researches into lhisx:ase ; because I did not suppose there was a single sceptic at this bar, who would denv the universality of he proposition which we have laid down ; that it was the. .righ: of the court to commit in every case where they deemed it proper. Thry say that in this case, the powers of the grand jury arid the court are concur rent. Strange that they should for get the immense difference between th'jir powers i There is a difference in the evidence necessary to con vince them. We are nor bound to submit the same testimony which we mayprodue be'ore this court ; much less before a petit jury. Affidavits may convince the co,ur that r is p o perto commit ; but it is not yet pe: -fectly ceitain whether it be proper to exhibit them before a grand jury. I am, however, unacqtuintedwith the opinion, which the court entertain on this point ; but I will boldly enquire, whether I should discharge my ho nest cutty, were I to submit my in dictments before the grnd jury at this moment, when I have not all the material evidence which we may possess ? Sir, these gentltmen nay cast their groundless ctnsurt s pon me : but iu vaift ; fill their cla mors will ncver$tnove me from my purpose. The course which I am pu suing is sufficient-to satisfy my own conscience ; iand it isindirferen' to me whether- ten or ten thousand men should join in my condemna 'ion. Mr. Botts asserts, that we have reduced no authorities to suppo:t our position : and hat we have none to pioduce. But is it right to be -.-ontinuidly recurring to precedents ? Is there no allowance to be made for iv operations of c mnv.n sense, in a-.nj cat-? Where rases of doubt and difficulty occur, a reference of this kind is cert unly proper to en lighten and fortify our own judg ments. ' But even admitting the pro priety of introducing precedents in the whole extent tor which gentle men contend, it ls-lheir business and not our own to comply wiih the re quisition for precedents, we stand up on the broad, general principle, that courts have the power to commit. If gentlemen contest this principle in the present case, why do they not introduce the countervailing autho rities. Mr. Hay expressed his regret that his friend Mr. Wickham had not move seriously meditated iipon this subject, before he urged his objec tions ; that if he had understood ft with his usual correctness, he never would have troubled the court with the law of Virginia : for that this lavv had hot the slightest -beating upon the specific proposition before them. Mr. Wickham enquires why we do not at once send up our indict-! ' r . t." i : . i ! uirni uetuic iitu vianu Hiiy ami suppose, sir, should pursue the Ji co trse which he recommends ; sup- j door to his own vindication by exclu pose v.c should send up our indict- ! ding 'the evidence. IBs counsel cx ments upon the evidence, which is jj claim, u send the evidence to the now in our possession. Several days i migut elapse oeiore uity mignt oe'! able to investigate this body of evi- Jence. In the mean time, some of vhpse numerous persons w-ho are pry- it into every hole and corner of this J city, inigh' possibly catch some dis- j ; tunt hint of the probable decision cf the5 jury. Thry have certainly too he shrink ? much discretion not to keep their The gentlemen. on the othef side, own council : hut it is impossible; continued Mr. Hay cio not do us to exclude completely the buy eye : justice. They charge us with per v,f curiosity. -.Some vague insinua sesutidn and oppression. Sir, In -tions m.-.y probably escape ; some- j ; yer contemplated or. wished to hur. thing which migh justify a suspi--'!A Burr. I scorn" if. I look not to cion of their determination. Sup-' : him. I look only to the duties which pose then that Aaion Burr was to I' am' solemnly b unci to perform; be actuated by these considerations : ) One rtmurk more, sir, and I hav suppose that his fear- (if fears he can done : gentlemen- on the other sid feel 1) should pi ompt him to escape ; in-ist upon the insufficiency of oui what, sir, wou'd b-.come of our in evidence. Because we have withhtl dictment ? Mr. B. m y quit th U. our indictments from the g'and jury States; he may fiec forever beyond they have hastily inferred, that w. j the, jurisdiction cf this country ; and In Uiat case the whole world would ri4icule,us for the course we had pu. sued.? Or let us even suppose, thate-JStcH'to withdraw this motion;! whercfewouiu be our security ? Must jye'trust to the indulgence of Mr. Burr himself for remaining in this city and standing his trial ? We expect Gen. Wilkinson here in a few days. We have an affidavit which positively states, that an ex press to New.Orleans to command his presence on this trial, was. met on the frontiers of the Mississippi Territory. We have also letters from the Attorney General of the U. S. explicitly stating, that Gen. Wilkinson has been officially auiho zed to leave the army of the U. S. and to select whatever mode of trans portation he might think proper.- (Here he read the affidavit, shew ing that the express to Gen. Wil kinson had been seen in Athens, in the state of Georgia.) In the mean time, what is Col. BArrS shuation ? It is completely optional with him, whether to slay here and fice his ac cusals ; or to avail himself cl his li berty and leave the Uni ed States, We call upon this court to exercise i he au-hority with which they are invested ; and by binding over Col. B. as well on the charge of high treason, as of a misdemeanor, to de tain him for a s itisfaclory trial Mr. H. 'aid, he scarcely expected to have been asked, why Gen. Wil kinson way nH here ? The gentle man himself has said, that he is a General. Can he then leave his ar my at any time without thv permis sion of the government ? Make, however a computation of the lime The Aitornty General left this city on the fourth or fifth cf April. He reached Washington on 'the 7lh or 8th. Allow then a reasonable time for an express from Washington to New-Orleans ; and for a man of Gen. W's age and bulk to travel to this ci ty, and is it probable that he could have arrived here before this period ? If he availed himself of the liberty and means to come by water ; the gales have been lately very severe. And even two of the grand jury hud assured him, that it Gen. Wilkin son was cx;osed to the late tempes tuous weather, he would probably never see the U. S. Mr. Wickham has expatiated up on the attemp's made to prejudice the public opinion through the me dium of the piess. Sir, a great deal has been said ; and a great deal will yet be said on this transaction. But are the presses shut against Colonel Burr ? When even in this very city certain presses hue been found to vindicate his mouves and designs ? But what of all this ? The public miud is hostile to any encroachment upon the liberty of the press ; and i ought to be so. Whete then a crime of such g'gan ic evil arises in this country, like the one attributed to A. Burr, the printers will speak and they ought to speak ; the purest mo tives will command them to speak. And if there have ben publications against Col. Burr ; innumerable com munications have also appeared in his favor ; and if these publications have contained the severest strictures from his own character and conduct j then he has no right to complain. Mr.. Hay demanded why Col. B should then, wish, to close the 45nly i grand jury." Surely if Col. Burr wishes to naverioe eviuence ociore ' the jury, he should bfcjmuch more ; anxious to have it bet re the Ctftirt. j Why then does he shrink from the evidence ? If an unjust prejudice j assails him, the light of truth and ' evidence will dissipate it.- Why does feel our evidence to be too feeble toi satisfy the jury. They are mista ken,, sir, I assure them they are mis taken. I conscienciouly believe that we have evidence enougfe, even ex cluding the depositions themselves, to satisfy the grand jury of the guilt of A. Burr. But, sir, puerile indeed would it be for us tnd.r the present state of things to subnet. our case before- tlie grand jury on the evidence before us, when we are every mo ment expecting better. Mr. Edmund Randolph addressed the court to the following effect : Sir, it would have been impossi ble for us, even had we received due notice of this motion lo have availed ourselves of the time that was aliow ed to in. That would have been impossible, because the enormity o; the proposition itself would have baf fled all our consideration and all our researches. Mark the coarse, sir which has been pursued towards my unfortunate client. First he wa brquhi here under a mil'rary es cor&f;?Then that little folio of depo sitions and affidavits was laid before your honor : then the charge of trea son : and then th.tt little cock-boat which was destined to attend ihh great ship on a foreign expedition ? You 1eard it all, sir, and what 'did you say ? You bound Col. Burr to bail, simply on the charge : f misde meanor, to appear here at ihe open ing of tne court ; bur not contented with this set ui-ty, you superadded that he was not to leave the court un i til it discharged him. You opener theuoor-too lor an ulterior prosecu tion r'oii declared that if the ttor ney for the United Slates should ob tain any additional evidence, tht judgmentwhid, you rendered, wouh not prevent his indicting Col. Burr, on a charge of treason. if Sir, thus stands the case, as it was understood by the whole universe. On Friday we came here to meet the world ; Friday however passes away and nothing is done. On Sa turday, we came here again ; Sa turday also passes away and nothing is done. But on Sunday, sir. is broached this new fungi ed doctrine, which now excites our astonishment. They demand precedents, sir, for oiir conduct ; and who are they that require it ? Why, sir, they that take things out of the ordinary course of ihe law. or thirty yeais I never saw such a proceeding : I have m.--vcr read of such a one in the Eng lish books ; and vet these gentlemen call upon us for precedents. If we were asked for our rrasont sir, we should have enough to offer. And first, a Judge in the Federal Court, sitting in the capacity which your honor now fills, would be the same relation to the accused as an ex amining Judge is in the State tour s. Bi't, sir, who ever invited a single mag strate or a state -court to aug ment the bail of any invidual in the situation of Col. Burr ? If a man be bound in a distant county to an swer to a misdemeanor, and another crime was to be brought against him to be predicated on the very same evidence, have you, sir, ever known the trying to increase his bail ? There Tievef was such an example. Mr. Bott's remark, sir, is not to be answered. You are changing the constitutional organ of justice. You are completely blotting out the func tions of a grand jury. The witnesses will be all produced before you : but no, improper as this proceeding will be, it is still less so than that which they actually pursue : None of the United States witnesses will be bro't before you, but only those whom they may think it politic to intro duce ; and depend upon it, that such j testimony wiil be garbled for the ears ofiihis ccrurt, as niay be expected to bias their judgment. Well, sir, and what will be the consequence ? When the grand jury are about to retire to their own chamber, they wiil be told ;.hat you have deman ed additional bail. Arc yon then, sir, to be a pio neer of blood for ihe 'grand jury ? Is not this precedent outrageous, sir ? The boasted principle, that a man is be condemned, but upon the ver lilt of 24 of his peers,", is gone. -hrougjio.it this town it will b.? uni vers dly repor ed, that you have so lemnly declared A. Burr to be guilty jf high .reason against the U. S;aies, j and some of those to whom the ru-1 mor may extend rja y hereafter J impannelled on the petit jury. Anct .will they feel themselves altogether unbiassed by your judgrnn' ? Whyij sir, let it be declared at once, that the grand jury is tobe.struck.otit as an.intqrmediate organ of justice. Do not, I pray you, sir, let us suf fer for the delays and negligence of other people. I cannot bl'aWthe U. States Attorney it- is his business to obey the instructions of the eo- j vernment ; and if the witnesses are not here, it is certainly no fault of his. j But surely there is time enough to j travel from N. Orleans to this citv in 17 days : even wiih he gigantic I " bulk" of General Wilkinson him ! se If. Mr. Hay says, our tone is chang j ed. And how, sir ? We ckmand a. I fiir trial But must we not there-' tore protc st aamst a measure", which is calculated to defeat this object I Certainly, sir. . You are called upon to prejudice the minds of the grand jtiry . But, sir, In ibis interesting case, where liberty and life- them selves aiv. endangtfed, I trust that sojaie hard mouthed precedents will ,e found in opposition to this proce dure. We co-rvtrhere to answer to every charge which may be urged agair.bt.us we come here toansweV in a precedented and constitutional decision and that the court itself was to commit iti opinion oh certaisi points, which would be regulaily brought before ihtm for argument uid for decision at some of the ullc- lors ages of the prosecution. Why, said Mr. Wirt, do you. shrink." Sir, trace the course ot'lhe iMosecuiicn, and see who it is that retires from the contest. On Friday t e U. Sat;s Attorney was not rea y ; on Saturday, he was not readv? and now indeed he' will not probably be ready before Monday next. Sir, who is it that shrinks ? And yet docs the attorney positively avtr that he h is evidence enojigh. We are charged, sir, with address ing the raultimde. Mr. Wirt says, ' hat he could but would not imitate the example. But neither he nor Mr. Hay have spared the theme. Sir, I will not deny the justness of his eulouis upon the administra tion ; bupermit me only to rematk that theehas beenqertain conduct observed towards C$JJ B. which ex cites my .deepest astonishment When 1 look at the first trrarvin the government, I behold an individual whom I have long known, and whose public services have commanded my admiration. When I look at the se cond, sir, he has my whole heart. Cut, sir, the enquiry which is now before us, relates not so muclvto the intention as to the effect. An order has been given to treat Col. Burr as J an outlaw, ancjj&burn him and his property. And; sir, again, when the House of Representatives demanded certain information, as it was their right, and their cfcty to do, the Pre sident granted it ; and would to God I sir, that he had stopped here as an executive ought to have done. He proceeded to say, that Col. Bun was guilty of a crime ; and conse quently to express an opinion, which was calculated to operate judicially upon the judges and the juries.- Such was the subtratum of all the .censures which has been heaped up on Col. Burr. J , Mr. R. proceeded to touch Upon a subject, to which Mr, itay had' re ferred. Col. Burr was arrested in the Mississippi Territory. -Was there no court there V. Was there no Judge of integrity to try him ? Arrested too after he had been ac quitteefby a grand jury I ! Well ! he was transported thence (with hur . inanity it has been said) dragged on j by eight musqueteers who were re a -j dy lo shoot him at a moment's warn ; mg ; refused any .appeal to the ju- ujoiai auinonty , ctemeueven tne me larichcjly satisfciion ofwriting to his only ch'dd Was all this humanity ? Dragged before this court which de rives its only jurisdiction frorri a lit- U t spckof land on the Ohip. Yes, sir, but for that little spot of an is land, Virginia would never have en joyed this honor ! What is all this, sir, but oppressive and bitter iuhu m mity ? I trust, sir, from what I have said, that ho os;e w ill think with Mi. Wirt, that I am shifting ihe question from Coh Burr to :Vlr. Jef fcrscn. I should nat hyye, made the
The Weekly Raleigh Register (Raleigh, N.C.)
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June 25, 1807, edition 1
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