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Columbian Centinel. *he present instance. Never before did ho witness the public mind so much inflamed by the fore# of error and pre judice as it was in this case. He had lull confidence in the integrity of the Marshal, but a time might come when men less virtuous than he might exer cise that privilege which he now con tended did not belong to that public of ficer. When such a torrent of preju dice had evidently taken hold of the public mind, it was proper that Colonel Burr should have all the rights which the law gave. The Chief Justice de livered his opinion agreeing to the proposition of Colonel Burr and his counsel. Col. Burr next claimed of the Court, the right of challenging the Grand Ju ry ; he contended that he had the same privilege in objectioning to Grand Ju rors, as he might have to the Petit Jury. Mr. Hay denied the right of the ac cused, making objections to any indi vidual on the pannel. Mr. Botis said that the law was express upon the sub ject, that the cause of challenge would be made out, although he assured the Court, no reflection whatever was in tended on the Jurors. He then read the section of the law as regards this privilege, and endeavored to shew how the matter stood, both by common law and stutute. Mr. Hay withdrew his objections—Col. Burr. “ There are two individuals on the pannel, against whom I have cause of challenge-—one of these, the matter being public and Ol notoriety, <t«»vo not furjim'u j**nol' The cause of challenge against the oth er, however, requires to be substantiat ed by proof. The first that I challenge is Mr. Giles. It is well known that this gentleman while a Senator of the United States, hail occasion to pro nounce an opinion respecting my guilt, on a motion which was made for the suspension of the Habeas Corpus act.—- This act the Court are satisfied, can on ly be suspended in cases of actual rebel lion and insurrection. As Mr. Giles therefore voted for the suspension of the Habeas Corpus act, it is to be pre sumed, that lie felt a conviction of my guilt. Besides, I think it could be es tablished still farther sir, that Mr. Giles has since that period, confirmed the opinion which he then gave. Mr. Botts said he presumed there could be no necessity for adding to what Col. Burr had said. Mr. Hay proposed that if any of the Grand Jurors against whom Colonel Burr or his counsel might see cause of challenge, he should have no objec tions of their withdrawing of their own accord. Col. Burr assented to this. Mr. Giles then rose and spoke about twenty minutes, but in such a low tone of voice, it was impossible to hear a sentence uttered.—We are informed, however, by those who stood next to him, that he offered several reasons for his conduct while a Senator, in voting for the suspension of the Habeas Cor pus act, and that he expressed his re gret that there was not energy enough among the people on that occasion, to support the Senate in the measure....He also seemed irritated at the cause of challenge, which was offered, and ap peared to think, it was intended as a reflection against his integrity. Colonel Burr explained. He assur ed the gentleman, it was very far from his intention to hurt his feelings, or that he did not impute any blame to him for tli: opinion lie had formed ; but having formed thatop'nion, Sc having | rinoun ced publicly upon his guilt, it was im possible he could entirely divest him self of a bias against him. That it was notin the power of human nature, after having formed decided sentiments, on any subject, and for a length of time continuing to entertain these sent'- i m - nts, suddenly to lay them aside, and to judge with the same impartiality, as if they never had been formed. He la- i merited also, that such was the state of i society, and prejudice and error, had been so much afloat in the case now be fore the court, that he saw very little prospect of the Grand Jurors having their minds entirely free from opinions on the sui.ject, on which they were cal led to decide. The other Grand Juror who lie intended to challenge, was Wil son Carey Nicholas.—This gentleman he had been informed, had expressed < himself on several occasions in very de cided terms against him. i Mr. Nicholas addressed the court, and mentioned th*t he had observed to i Major Scott when summoned, that he i deemed himself perhaps an unfit per son, to be empaiindled on account of i the part he had taken last session in ! Congress, and he had likewise assigned ' to Major Scott, as reasons against being i summoned ; the opinion he had formed, i ancr observations which he hd fre-j quenlly expressed in regard lo the conduct of Col. Burr. Mr. Nicholas also observed, (hat be in? summoned, he had several reasons for obeying the orders of the Cmlt. Ist. That he wished to deliver peisonally, his sentiments as to the propriety of his serving as a Grand Juror. 2dly. That he had received an anonymous letter, containing threats against his character, in the event of his attendance ; that these threats, which, doubtless were meant to intimidate him, had a contrary effect; and had determined him in the resolution he had formed—of attending. The Court was of opinion that every person who had formed an opinion on the subject in question, was an impro per Juror, and ought to be rejected. Mr. John Randolph, being in Court, was called upon to serve as a Grand Juror, and nominated the Foreman of that Body. Mr. Randolph made a few remarks of the following nature : “ I have formed no opinion on the case now betore the court, fori do not yet know what that case is ; but I have entertained and formed sentiments in regard to the gentleman who now stands before us. Yet, without arrogating to myself any extraordinary powers, I think I could divest myself of any pre possessions I may have formed in res pect to the proceedings of Colonel Burr. It is true I have had strong preposses sions ; but I do not recollect, Sir; having PVfi- on oninion, I certainly nc\ et,Sir, dcliv (2 red an opinion in decid ed terms.” Colonel Burr begged leave to make a few remarks on some observations which fell from Col. Nicholas. He sa id Colonel Nicholas observed that he re ceived an anonymous letter, signifying that, in the event of his attending as a i juror, such an account would be given of his conduct and character, as would be highly injurious to his interest. Col. Burr declared that suchathreat bad nev er been sanctioned by him, and whoever might be the authors of it, that they were no friends to him, and it must have originated from his enemies; he dis claimed all knowledge and acquaintance with the circumstance. Major F.ggleston then addressed the Court, praying to be excused. He gave as his reason, that on reading General 1 Eatons’s deposition, and the other doc uments which were laid before Con gress, he had felt and expressed senti ments expressive of a belief of the guilt of Col. Burr. He did not doubt, how ever, but the opinion which lie had formed might be altered on hearing farther testimony; but he imagined that from the impressions which were made upon his mind, and which possi bly could not be entirely eradicated, that he was an improper person to act as a Juror in the present case, and was therefore desirous the court would ex cuse him. Col. Burr remarked, that from the extreme candor which the gentleman ■ had shewn, in thus voluntarily stating ' the sentiments which he had imbibed, he was satisfied the opinion which he would give on hearing all the evidence ! that should be offered, would be as free | from prejudice, as perhaps Uny person which might be found. He therefore hoped the gentleman would continue as one of the Grand jurors. Doctor Foushee, on beingcalled, ob served that from some circumstances, 1 he felt a difficulty about the propriety of his serving. He stated that after having read the President’s Message, the testi-1 mony of Gen. Eaton, and the several publications which had appeared in the public papers, respecting Col. Burr, he had frequently since declared his opinion of Colonel Burr’s guilt—He oelieved. however, he could as easily di vest his mind of prejudice as any other man ; and it on the perusal of other evi dence, it appeared that the reports in circulation were false, that the opinion which he had formed, would certainly be changed. That his present opinion might be said to be a hypothetical one, and predicated on the supposition of the tnith of Gen. Eaton’s testimony, and similar publications. Col. Burr remarked, that as the evi dence which to be laid before the Grand Jury, w’ould be altogether testimony, on the part of the Commonwealth, that so far from tending to alter the opinion of Doctor Toushce, had appeared to hate formed, it would tend to strength en still more his belief; that the evi dence the Grand Jury had to consider, was entirely an exparte evidence, and that no testimony to abate the impres sion which the gentleman had imbibed, would be offered. He therefore trusted, : the Court would suffer Doctor Foushee ' to withdraw. ( Mr. Wickham and Mr. Edmund Randolph, respectively delivered their opinions as to the impropriety of the Doctor serving as a grand Juror, from the statement which he had made. Mr. Hay replied, if such objections were to be sustained, that the Court might at once discharge Col. Burr of his recognizance, and set him at liber ty for he would affirm, that no Grand Ju ry could be empannelled, the majority of whom had not formed or expressed some opinion from the publications which they had read respecting his guilt. That Col. Burr and his proceed ings, had been the constant subject of conversation and newspaper disccus sion, for the last six months, and that it was impossible even to find a boy of the age of sixteen, who had not formed some opinion, either of his innocence or guilt. Mr. Randolph and Col. Burr again replied, and the Court on consideration suffered Doctor Fouchee to withdraw. Col. James Barbour being next call ed stated some impressions which he had felt of a similar nature with those described by Doctor Foushee, but they were not deemed sufficient by the court. The following gentlemen were then sworn on the Grand Jury. John Randolph, Foreman, Joseph Eggleston, Littleton Waller Tazewell, Robert Taylor, William Daniel, jun. John Mercer, Edw’ard Pegram, Mum ford Beyerly, John AuibWr, Thomas Harrison, Joseph C. Cabell, James Pleasantu, junr. John Brockenbrough, Alexander Shepherd, James Barbour, James M. Garnett. The Chief Justice delivered a Charge, the reading of which occupied about a quarter of an hour, but from the noise which prevailed it was impossible in the i station where we were to hear with any precision the particulars. After the Grand Jury had retired, Col. Burr addressed the Court on the propriety of specially instructing the Jury in regard to the admissibility of certain evidence, which he supposed would be laid before the Grand Jury, by the Attorney of the United States. Mr. Hay opposed the application, he said he should never agree to it, and he trusted the Court also would never sanction such a precedent. That Col. Burr stood before the Court on the same footing as any other citizen, and he hoped the Court would not distin guish between his case and that of any other. Col. Burr replied, and endeavoured to shew the necessity of the Jury, being especially instructed in the present case, | that there were many points on which the best informed might be ignorant, or entertain doubts. That the prose cuting Attorney, had mistaken his meaning, if he supposed he wished to be considered as standing there on a different footing from other citizens. That he viewed himself only as entit led to the right which belonged to eve ;ry citizen. He said it was not his in | tention to condemn the charge which i bad been given by the Court ; but he j was desirous that many things which i he was apprehensive might come un j der the consideration of the Grand i Jury, should be fully explained by the Court* Mr. Wickham, Mr. Randolph and Botts severally spoke in behalf of this proposition of col. Burr; but the ques ( tion was referred for further discussion on Mr. Hay pledging himself that no ev idence should be laid before the Grand Jury, and no step taken, without notice being first given to Col. Burr and his Counsel. The names of the witnesses sum moned in behalf of the United States . were then called over, and the follow ing were recognized lo appear on Sa turday. John G. Henderson , Ambers Smith , Hugh Phili/iSy William Eaton , Erick Bollman , Samuel Swartivout, James Reid , William Duane , George Morgan, Leaner Domun , William Sjicnce , Thomas Pete kin, Elias Glove , Samuel Fair lamb , James J<. Donaldson. Saturday, May 2Sd, ISO7. Present the same judges as on yes terday. The following witnesses appeared in behalf of the United States, and were bound in a recognizance of one thous and dollars each, for their attendance on the court. John G. Henderson, Alexander Hen derson, Eric Bollman, Samuel Swart wout, Robert Spence, William Eaton, John Morgan, George Morgan, and Thomas Morgan. The names of the following persons, summoned as witnesses on the part of the United States, were called, but they did not appear. Ambrose Smith, Hugh Phelps, James Read, "William Duane, Leonore Do vaine, Thomas Pcterkin, Elias Glover, Samuel Fairlamb, James Lowry Don aldson, William Wilson and William C. Meade. 1 he counsel for Col. Burr observed, that, if it was the pleasure of the cosrt, the discussion intended for this day on the propriety of giving special instruc tions to the grand jury, would tak? place on Monday. This proposition was assented Vo. 1 he grand jury appearing pursuant to adjournment, the Chief Justice in formed them that the absence of a wit ness deemed important by the counsel for the United States and the uncer tainty of his arrival at any particular period, made it necessary that they should be adjourned. They were ac cordingly adjourned till Monday. Some conversation ensued between the court and bar with respect to the propriety of adjourning the grand jury to some distant day in the term. The Chief Justice stated it as his opinion that as there was no necessity*' for calling over the names of the grand jury every day, they might be consid ered in contemplation of law still in their chambers till they were called in to court; and that it might be under stood that they would not he called till some particular clay. This, he said, was the practice in some of the States, nor did he know any sound objection to it. But, unless it was considered by counati on both sides that this course was free from all exception, he should be unwilling, on any account, to adopt it. The counsel for col. Burr stated that they knew no objection to the measure, but were unwilling to express any de cided opinion, especially as Col. Burr was not then in court. The Chief Justice said that he felt much inclined, to accommodate the grand jury ; but until farther consider ation ot the subject, they would stand adjourned till Monday next. Monday, May 25th, 1807. Present the same judges as on Saturday. The grand jury appeared in court; and on its being-stated by the foreman that thev had been two days confined to their chambers, and had no presentment to make, or bills before them; Mr. Hay observed that he had two bills prepared, but wished to suspend the delivery of them, till the witnesses were called, and it was ascertained that all the evidence relied upon by the counsel for the prosecution, could be had. He thought it probable, that, in the cours6 of a week, he should hear of Gen. Wil kinson, who was still absent, and whose testi mony was deemed very important. A further conversation took place as to th* propriety of adjourning the grand jury to a distant day of the term ; and Monday next was mentioned as the time when they would pro bably be required to attend. The Chief Justice observed that from the researches which he had been enabled to make, he was still inclined to favor the opinion which he had expressed on Saturday, that there was no necessity for calling the grand jury every day. This opinion was the result of his reflec tions upon principle, not from any positive au thority on the subject. Mr. Wickham having staged that as a num ber of witnesses were attending at a considera ble distance on the part of col. Burr, it might be important to know when the grand jury would be again called; Mr. Ilay observed that a motion might he made which would render their presence necessary even on that dav. Mr. W ickham then requested that before any order should be taken in relation to the ad journment of the grand jury, the counsel for the United States might state the nature and object of his motion. Mr. Hay. The object of my motion is to commit Mr. Burr, on a charge of high treason against the United States. On his examina tion, there was no evidence of an overt act, and he was committed lor a misdemeanor on ly. 1 lie evidence is different now. Mr. Wickham hoped that the application might be made, and counsel heard. Mr. Hay. Gentlemen may be assured that they will be apprised of the application; but is it their wish that the application should be made, and the subject discussed in presence of the grand jury ? Col. Burr. The gentleman has the object of my counsel, as far as it is com prehended in my motion. The design was not that the grand jury might hear, but that the impropriety of mentioning the subject in the presence of the grand jury might be made more manifest. I think it may be demonstrat ed that while there is a grand jury attending before whom a question may be determined, there is an obvious impropriety in submitting it to any other tribunal for any other purpose. Th« grand jury were requested to withdraw. Mr. Hay renewed his application, stating more at large tne grounds on which it was made. Ihe discussion of this question took up the time ot the court till nearly five o’clock, when it adjourned without coming to any de cision. During the discussion the grand jury re quested to he br.ought into court; and if it should be deemed improper for them to hear any arguments which might be addressed to the court, they wished them to be suspended while they were present. They were accordingly brought into court, and a wish being expressed that they would not listen to the discussion of the subject then before the court, they were adjourned until the next day, twelve o’clock.