text: Z-1- \ u \ ___ & l,Þ.. ( __ ss {1 '.T.<- 4. f""T si,l__, m _-< A.} ' A.} ' A.* si ;sisi,}... _..si.-,.. _ " -'.si si \ siasssiss- rage-e- WIZWNHLIWWBEF-—,-ss & -.) :h ):ct-ss. \. silsi.,'ssv,.}..d'sizct 7 : '- sisssi. ssTRIAL _.si I;.ctu', ssssct. :, ssv. > si. -_ Of -.,ssss ss ". si cop. :AARON IURR? sssisisiict sssisi .' \ ;. o' ta,-met: car-eﬁorts: unitedsizsszdr ssssmesiﬂlz ' ss *sisifﬂdtsitndss.-Dinrict qf—P'izsi'giniu'. -- si { ' Presentsijonni "MARsnALzss, chief Justice of ct, siﬁw Unixedfitssatesss _ _ ss.ssct & Afnd'fCussus-T Gatumsi, judge of she district sissQintctgisinia. _' "7 si _'_ 1 - —.;Tsmtdays -MZ-y 25."- ct? si Mrss siEdimi—nd 'Rhedaybh addressed the.. conrsit, t'sio-the-sifullow In the midst of the text, it would have been impossible for us to have succeeded in notice of this motion to share the situation. To share the situation, we have seen the propriety of the proposition itself. It would have been impossible for us to have succeeded in making the resolution necessary. Mark the course, sir, which has been unfurled towards my unfortunate situation. Luce che-ne. Fisst he was expected here under a misfortunate escort. Then that so little as depdsition as and a day's was laid to be the best your honor. Then the charge of treason; and then that little cockbinder was missing to attend this great occasion? You heard it, sir, and what did you say? You guessed Colonel Burr in hell, simply on the charge of misfortunes; to appear here at the opening of the man; but not content with this security, you superadded, that he and not to leave the court until it had discharged him. You opened the door for an ulcer prosecution; you declare that, than if the attorney for the U.S. should assess any additional evidence, the judgment which, you then rendered, would not prevent his insisting on Colonel Burr on the charge of treason. Sir, thus news the case has been understood by the whole universe. On Friday we came here to meet the world; Friday however passes away; and nothing is done. Saunders, we came here again; Saunders passes sway and nipping— is done, But soon—sometime Sunday, sir, she broached the new fashioned doctrine, which now e:_ cites our sastouishness, sis' they demand precedence, sis, for our conduct; and who are they shut required it! ct. Why, sir, they that make abides out of the ordinary course of the law. For thirty years, lawyers and: a proceeding; I have never read of such a one in the English books; and yet these gentlemen call upon us [as precedents. _, si -- — _-'— ss, If we were asked for omens-ons, sir; we should have enough to suffer. And fire- . (Be-a judge in the frdcral court; sitting-in she :sizseapaenv which vour honor now * ss' lum-oak} " bass—in {he same reljtion to the &.si.) ctsised as an examinihgjudgcze m the state courts. But, sisijirsi, .ctithss'dctevcr invi'ed a ssioglc magxst'raze or a nal}.- eoun {qsi-fiisimgmcu sscti be had of afzf'in dividual ictssn she,-image es e'o'ionel Burr ? If a man be bound'siissasi-a d'ssszaer emmusiy to answer m sia' nus'dwsieauoe; 'aud another enme was coctbe alledged :.igainsx him, to be prechc-ssued on the- vevy $3_ctm?'CV_idence,have' you. eiqsievrr known thess'cttr—xmg courc_lo increase his hail ?. Thﬂcssncss'vsiecsi was such Qn'exsiamgzle, sir. ' __ssctct si " si ss M r. Bwts' remelct'h diffis'sin'osit'to be an. ewerc—d. You are changing" the casimsffiuss tion.,l'ugan'osjuskjssce. - Yea-are complete ]y plat-tinged! =he ilzssndiiomctos a grand ja ry. '. 'silsshb_wutsisi_esaee-j-w-ikl-b'e all produced before you;-but no, iniprqssher-assithia prqsi ceeding mll be,-it is slijljeas ssso ;ha'n' she: whzctc-h zhey will sex-nally; pursue: nossoeosis the U. S .-.wi<onaee wiil be brought bchXG vou. but those whom they may think it_ pe. \ .. ———-———*-———— —-——- '_______L________ss______ iitie to introduce; and depend oponss it, that such testimooy siwin'hesigatbled- for the . ears of thi; court, siasssmay be expected to ' hias theirjudgmdot. —Well, sir, and what" will be the consequencef-When the zgrnd jury are about to retire to their own eham. ber, they willsi be told that, you have de-sss manded additiooal boil. Are you" then, cir, , to be a ,pioleer ofsi-blood for the graodjary? Is" not this pre'cedsient outrageous, sir,? The bontedyrinciple thatoo mon is'tosiba corn;-A demned but upou' the 'verdiez of .z4sssisisif ffisisi.. peerl. ?! {TN- "sbroug'hout this town, it if," he univernfiy reported that you have ooiectmnly dsdated- A. Burr guiltyctct of ; high treasol against the "UJS. and 'some'of fss those to who-t' the romor may extend may : hereafterbe impaooeiied, on the petitjury. ss And will they- feel themselve. together ss ndþiassed by your judgment ? .hy, sir, ss let it be declared At once." that the grand ss jory is to be struck out as" an' intermediate * orgaoofct-juaticect " si_ ' ; .si . -. :; Do not, ( pray yon. m, let an suﬀer for ﬂrcss deny: ood negligence of siother yeoples' I iesianoot blame the UoitedStatesattot-oey ; it is hir buaineei to "obey the instructions ctefthe goverdtnent ; and lithe .mtoeuu MZ-bbtsilssiessrsiezzsi'tctcctd- etnzzwtifizfizfctf-9!tctﬂffiu Bows-My there i-xesitissmcsssnvvshss'si", ""?ctf froth New Dtleanetnkthitgenymi 7' days ;? filevctecxsisiwith the s'zzntiﬂc'fsibnsslk'ssPss Ofizcmalssss :iWilkimqh lﬂd'tMffi-fst sijsisissi'ctct zss ssss ,ss , 4 ssct'ss'sisissssss Mrs-: Hayct sayn."-o from ississ-ctdhsiav.te'dz-'—-L-si And hdssfi, sit; ? "We dFmctWf-lsi' ,ttfisial'nnwz'si'ct siWet demand a faisisit tisiiitl-si'Btttss must we ] sinnt sitheret'ore protests-pint assgmcnsusse; which in 'calcnhcedsi to" de'feat'}hiisi,bþjedt Zsict 'Ccrtainiy, sieir- You tare sicnlfedssssctnþonstb'i 'ptsicjtiglieethe minde of.-ths: "gfsiddctdsijllsy—sifsie But, air, Linsithis 'intesstestingsi 'case, where liberty and life" themsdﬂid'ctnsireendangered,. I trust this statement, some hundred months' expected presentation will be found in opposition to the procedure; we have come here to answer every such charge which may be made against us. We come here to answer in a predetermined and constitutional manner. But it is little did we expect that the Court would decide in the first instance, instead of the grand jury; that the actions of the grand jury were to be prejudiced by an unconstitutional decision; and that the court itself was to commit its opinion on such matters, which would be regularly brought before them for argument and for decision at some of the other stages of the prosecution. Why, said Mr. Wirt, do you shrink? Sir, trace the course of the prosecution, and see who it is that recites from the contest. On Friday the U.S. attorney was not ready; on Saturday he will not be ready; and now indeed he will not probably be ready before Monday, next. Sir, who is it that shrinks? And yet does the attorney positively ever that he has evidence of... We are charged with addressing the multitude. Mr. Wirts says that he could but would not imitate the example. However, he may be our Mr. Hay have spared the shame. Sir, I will not deny the injustice of his elegies upon the administration—superhuman me only to remark, that there has been a certain conduct observed towards me, that I look at the first men in those circumstances, I behold an individual whom I have long known, and whose public services have commanded my admiration. When Hook at the second, in, he has my whole beast, Box, sir, the enemy which is nameless as sirclothes now so much to the mention as to the effect. An order has been given to treat co. 8. 23 as. ; outlaw; and to burn him had hxs prupcuy. ss'ssAsind, SII'. again, who she {house (of rr Tprescssmatiucs sidcmaodcd (escam issssctrmsis : tion, as it was their right and their duty "0 sido, the president granted it;; and wan!) f'to God, air, that he had stooped here, as sssi an executivc officer ought to have done. — si He proceeded, however, to say that colss [ But}; was guileyctof- a crime ;. and come: ss queutly to express anosspinion, which was L calchlatcd 10 operaw ;_judicially upon she ljﬂdgka and thcjuries. " Such Was lhc sub. 3' snaz'om ofail the cenmrccwbichhav: been ; heapcd Upon w!- Burr. [si Mr. R. proceeds:! to touch upon asizsub .jccr,to which Mr. Hay had sirefe-rrcd. Co ; loue! Burr was arrestcd in the Mnssissippi ss urritory. siWasthcrc nosicour! there? Was sithen: no'jusidge off imcgrisy co try him? Ar ' rested too after he had been acquittcd by a ; grand jury!!! West! He was ua'nspom'd -m:a_cc_(w,isjh humzncti y it has, he,-en said) draggddsi on by'esghtssmusquewsieso who wage sisirssz'ady to shoot him no momcnz's-wamsizcg; ss refused. any appeal to thejudicia! authorby; _ denied over) the Melancholy satisfaction of Writ-ing (0 hsiisonlychrildss. ct was-"al! sh-o ba. ss manity! Dragged befote thissi court, which deri-vesssi'sss only - jurisiadiction from asiliulc 'sispcteck of laud on the Oss-hio. si-Yei! Sir, huz' so; xhar hid-o -sss;pot ofctan island, in'gctmcta shwould locversi hairs enjoyed this honor-.! 'Vshatjisssalsil This, sir." but ' opprsiessjvcss and si-bi-cseridhumanimysssi? si! -unsc,si sir, from what -_l _haye-oaiid;ssrh-at oq- .ooelmll :hiok w'sisith Mr. Wirt, that 'I- amshZ'ft-ing {he gucuzon from col. Burr to Mr..)cﬀcrmn; ] shouid not have made the obser'vatioc—s which have cqcapcd me,'-but ' to show sithac my dien! is justified by 'hisissssi situanoo in stadogssessiessy oﬄcctio-o that hebcao, sito sithessapxqsqoc mea nue. Mr. R. obstrvcd that at least one dis-ad vantage Would n ul: from thzs enquiry; that I! was not clear, as Mrct. 'TH ay hm - as. scrtcted, that the affidavu wouhcti be: laid be fore the court only andmsiot before the grand and fpet'n juries, for the grand just would soon be pvsseaacd "of the substance as them; and that :: wsias next-fifth impossible to: them 'to separate the impression thus illcgally ss to be produced upon "shen- minde trom 3 the weight of the legal, viva voce Lcszimo. ([th & said, he' did notuude'rsistand Mr. H'u. expressions about certam pened: in fhples and comen: that if, bowevu, he 'mcau: spies, thcs-c none such, and that alshough the government certdinsily had cai 4— l'vsi:'_- _si . ..--,: 'ctþibyad'ssisim 'si-Þiesi-gsizssitrWitho- mited Lapis. ctsslildch .þ-fejodisitssesiesigﬂioicfsi'ctdﬂdo91 'Bui'siisisiasffias mﬂicienc m ct'ma'k'e efv'eer—mzpfihcttctnesico'unjsi ' hjefull ssqsiuota osifssf: ipselsissmkzision agalosset sshixp, ss si My, R. cossccludsi: si cthdhilhsiffeimrkiug, the}? the. pregencergoict sikrysideairdussszof cools-thod): {ment had-si-p'erhap's-beeo peimittedj-LOLUD: l ssibraee'too- wide : field of discusaioni end ! that there were two great. que'st-ioqs [whtch lhe shoulJsseubroicxo the consideration of! sithe court: let, Whether ihere livereoaay; psireccdenuss in favor of the. preecm mouoasi; ! _and 2d, Whether if a proposiuon lrkezhis', ss and of sisoch great importance-ma: adopted, itsiw'ouldhot-yield : precedenc, that ct would si ex'pme eiery man in the country :o oppres dien._ , Mr. R. contepctded-ssssthaz che man charge which the judge had ,already decided on cta. former examiuation ;. that it was'sioot a sup, plememarycxime, but the old one; that pcthaps there might be some liule'aﬄdavl: to splice out some defectjosi the former esivl-. dence; he: who: would be (he consequence of this; proceeding? Day after day. adoct ther and another affidavic would be bro'c forth ; sacts, like pol) pi, afe- cas-dy cut into two or three pieces "; and each of those- 'a toms is :o re'quire a new lecognsilzsimce.-—si For one affidamc there must be a had of 1000 dcssct'llars: another" Hffiilzvlt another ICOO'dollara; until the bursiheo of Gziil is * so oppressive as to [cal-e no other re sourcess, but in the four walls of a pn son, _ ' Mr. Hay observed. thilt he should simply notice one remzu-k of Mr. R's. That gentie- ss man had used {he expression of " Root-e: of I blooc ." But surely it would not have escaped _ ! him, had he but forone moment seriously re \ ﬂectcd upon the court whom he addressed, upon the counsel he opposed or the govern ment. Salisfied oftbis, h-Issr. Hay said he should ss ! pass the observatlon by, without further no- ! ss ! A ., ' tice. ss occurred in his 30 years practice. It was not Mr. Randolph stated that no similar case had wonderful that suche case had not occuircd Mr. H. here expatiated at some length upon 3 the diﬀerence between the state courts of \ ir ginia and the feleial court.) He proceeded then to obsezt'e, that the U. States was a most \ irginia , that a, most matetid witness mi rht be 1500 miles trom the court, before whom he was to appear , and that he miss-at be at the same time at the head of an atmy; all ' which circuxﬂstances, the federal and then statc ! d_--. It is that experience had been admitted as a good authority in the state courts. But even that this intelligent and impartial jury is an opinion will be sufficient to his charge upon written testimony, although that point relates to the grand jury. How the count may be brought before them. But, my great honor, let us suppose that the grand jury, whereas, according to the other side, he would be brought to trial. And certainly, it was different. So that this difference altogether defeated the application of the extensive country, compared to the state of Mr. R. &. experience, to this subject, even as a gentleman would admit, that had a similar case occurred before the state courts, the accused would have been committed. Mr. Randolph asserts, that this metten is made to draw forth the opinion of the court, and thus to prove that the grass-fields of the grass-fields are not the grass-fields. But Mr. R. &. has certainly forgotten, their oaths and their consciences, and sufficiently this court will not pay so little compensation to their independence, as to admit, that its own merits, more particularly 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 often the jury to indict; and is certainly the privilege of the court to decide is not so perfectly established and settled, as would decide upon the point, Mr. Haid said he could not pretend to know. There is an act of consideration which should be weighed by the opposite council. The grand jury is now already assembled. They are ready to proceed with any business which might object, said Mr. H. is to prosecute Col. Burr-sion, because I believe him to be guilty of a jury was to discharge Col. Burr from the misdemeanor, and then that I was to bring the present motion before the court: what to charge Mr. Randolph have? From the present proceeding, however, Mr. Butler would derive the advantage of an immediate or proceeding, weeks and months might elapse. It is in every point of view more desirable both for the government and himself to terminate this business at once, than to impose upon us the necessity of moving for an adjournment trial. Mr. Randolph says, "we are respectfully, we were ready on Friday; we were ready on Saturday, &c." Sir, there are two sorts of ten business; one in point of fact, and one under certain circumstances. Now these gentlemen will scarcely persuade me that they could easily resist the whole weight of evidence, if it were ready to be laid before them. But there is certainly no difficulty in believing, that they are now ready to proceed to trial, when The whole evidence and particularly general Wilkinson's, is not present. One more tenacious Mr. Randolph has exhibited. Pressed sufficient assurance for Mr. Jefferson, which It certainly derived significant consideration. I will make but one remark, in that gentleman will agree with me in a portion, survey the many people as they through allures and—nations, and you will find a man move anxiously bent on promoting the liberty of the people. This was certainly the idea which Mr. Randolph has suggested to convey. Mr. R. next proceeded to Mr. McClellan, upon whom he has not hesitated to invite those unreserved encomiums. Surely then, at the same solemn declaration of the utmost wisdom of the prisoner, we shall hear no more about persecution. Sir, it is a state of this state which it is impossible to reconcile with the middle character ascribed to the two officers in the government. Mr. Wackham observed that he should offer a few letmarks on the supplemental arguments of Mr. Hay, that to this case counsel had called—they had already to catch—says the precedents—that Mr. Randolph, who had so ably represented this community, as a criminal prosecutor for so many years had never known a case. single one to just this motion, that however true it might be, that the state of Wagugan was now of smaller extent than the United States, yet that it was then cut up into small judicial districts as the United States at present, and that the witness. Nelson's case in a criminal prosecution might have been set aside over those districts, as they are said to be to the present circumstances; that Mr. Randolph, had been sentenced not one of those districts, but the whole, not only on this side of the mountains, but because of them, and even the uncivilized action of the mountains, where the traveling it as at that time is possible to so many difficulties, and all which it was exceedingly laborious to suppress the witnesses to this side of the mountain; but it was not in Kentucky that Kentucky had been more thickly populated, that a parliamentary court had been established there. And what is the case in England and her dependencies? Certainly that is not equally extensive with the United States but her subjects may at all events be scattered from the world. Hanyton's statement is not a precedent in that country? Is it not impossible that a man might be hanged for a breach of the peace? An instance of this is the case of Mr. Randolph, who, in his own case, was sentenced to be hanged for a crime of murder. 15 no precedent to justify this motion. What is the crime? Is it of an attempt to prove that this crime is committed? ! tion of every littlda-{T m it ab. on :! c—srsissi-nt ssg to hear new mo it,-25 ct-for comm-rmrcci "sh: s crime is treason; it iaa * icvssiing of ! 'si'Wat against she U-si-iresi Stat s. Ani wl- He i 18 she proofoi it. ? Vss here it: as cal. liuts'l forces. ? Was his armx lik: thazos Bactica { kept m disgui see. ? VViikinsrzn' s testimony canootcstablish this fact; .or iss- iuthcopio nion osihc sichies justice th: _: his us;.dmt does no: at all bcar upon tizis auzj-.—cc,m.d ye: vwo mouths have since tries,-zed me no testimony has been cailcctcd. W.ir:nson'1 dcpoaiiico contains :: improbable, mjstc ri sius lax, about a kby and cyp- Fsi) r: Mi W. said that he- would not at presence: pose iiiis aransaczion; but does this mvs ceriuus :aie consti'utc treason. ? " You, sir, have ilrraslv decided that there is untres snn in siWilkiosonct's deposiciun, but were the man himself in courr, when could is" ctsicsmblish sunhcr thsidn'sihis dqposiiion e?! do Zss' i i i : ! Mr.-Hay is satisfied ihatsi he has suffici chtxsislcnce to aonvict cal. Burr. Name-: duubis hisctfibil'ﬂy o'- hre inclination to dia charge: hit dmy. 'V'shy llhen dncsbc ndl law his indicluesicn'ts before the .juxy? Be c-uuz there happens to bc-a msu "m Ncn O.:l-sisians, and one pesi.haps in the But all) dies-. apd thcxcsme ** to make assurapﬂ doubly sure," he must wait (for PilClHP' termes:. And all this mo, siwhilsclbf g-sinzlsisima-1 most seriously psiro*es:e again" uppression and delay. Though 'h: ged tlemaa may not be capacious of such 22" timem, there mast scill be something llllf 'n in his ss-hcart-z Box whatever may vezhc ss (norice, the usual: to ourselvesis (hazard-' silssl produces delay, and all its couch?!" 0ppressioos. No, court shnulssk machu '-.hu proceeding. This case is lilcc there a man whose cause stands for trill-s When subponas alter subpmas have & issued; when sum: after sums havcobcfa expended, he moves for : continuation.o his suit. At the very same time he '3' siata upon the eufficiencsiy of his evidfﬂffi Surely the court Would rule him to is":. Why is but the atmmey for the - ' ready for (tial? He has indeed mctdess' compuzion of time to show that Milk;. son could not have been here helmet-A: period; and he has besides introduce si! affidavit !o'show ihat an express was 0" 'ss way to Orleans to give him an tary-5"? mone; There is, however, POWsiS 'ss roof that "the drawer of this ﬂffidlss' wasno: imposed on by this cleQ'": 4 that. the express himsclspvas no: miscu (si as to the-contents of his dispatclm- 'mfl si-hOW stan-dsxhe computstion as !0 ,ctctw Washingwa lo ' fThc* ost oee-(rqm i! Orleaiis dign-days? s- R_9dsicylct:;,ss:sz .csi'v in she me of March-" Tsictfmmssi musnberefokessheve teache , a well 'eþoul thcsiBOLh "of April'; and 7.". 