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The Wilmington gazette. volume (Wilmington, N.C.) 1799-1815, June 30, 1807, Page 1, Image 1

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" y""-- , ": -l..-Jw.i.HLl liiii ujww; w, n , "Ji i. in ii mill . frri "- iiii. ,mm .fm.Miv.a t. Hi ' i m 1 1 i mi i' i u i'm u j n. ni,. .,! i l u i .iui.ii in n i. 11 iiiuiii.i in i mm uimjT . -.J .'. i -. "-.w f " Pablistied every Tuesday by Allmand4 Ha4' at .Three Dollars a Year, bayable inadvance,:oorT6lr Dollars' if not paid wi'tHirj k Vtar 'V. "Number 547 S';";f': t' '1 . .w 1 1 Conform JJum FEDERAL COURT; :v? ":''"' TC E80AY, Jin 9. -' .":;' , Prefetjt ihe Chttf jufikt f jki UUet States. oA Cm Griffin DnUi fudge. ' The Grand Jury had been adjourned -: till o'clock.. About 3, hcys all Vp- pearc, and their pames b.eing called o-; ' Mri Hay obrervedi it .might be pro. V per to inform the court that he had re. celved f no Further, intelligence of 1 gen. ' "Wilkinfonv exept'-har was contained in1 the' liule fcrap pf paper, in , hia-Jiand,,' It was ao ex'taft frotrt a Norfolk ; pa per, : and r he believed" the laeft" hich , had been 'publiffed the gentlemen from that part of. the country could fay, wheth. er it wai Tn or not;. (Mr. tlay herfe. read ' an exiraa fro:n the Public Ledger", "of he 5'h tnltant. , . J(, , , , , t , This, ext raft.; only proves,,, continued Mr. HaifivJhdt iTenJ W, had not left N, , Oileaua tn, the early part of May. , My v information therefore wu not sjiogeiner correftj The exprefi horn Mr Mil. ' . likirt met, had not travelled with the' lame' ; e"fpedition,nor arriveJ at , New-Orleans - a early as I had expefted." Perhaps, he ''Jid not reach that-city before the 9th or loth of Mayi, We have evidence howe- ( vc'r to prpyc that a fummons had been, ' feut to'him.'TMii t& completely fiipws jthat he war at Ncw-Orleang. ) My hopes are therefore (Ironger, inat He has actual 1y 'received the funmons and, I .have not the .final left toibt that ,he will foon ar rive here. - T Us court will well reco'lcfl,, that from the calculation which I had fub teitted to them, J concluded that ht could not be bttc before, th 1 4th or 15th. V It iimy mod anxioBJ ;wifli, for the fakejof economyl of cxteditioiK ia'nd what, if of Hill, greater confrOuenct'the jnliice due Totae copntry anp inc accuiru, nai, inn trial (houU be completed during the pre fent term. ; Almolt all the fv'unefle arfc here. J am forry: to be fcrced (6 make fo majfty apoJogtct,o the grand vjQry4,wno - have already maniieAeifo wiuch patleticfff but I bm them to. recollect, the extreme importance of the prefent trial and that it will perhaps be the laft time, that they are Dlaced in this filuation ' 1 ; 11 ' - . ;The Chief juRice prefumed that the1 . rrrail frb?n 'Notfolk'would cot arrive here until the day after; to-morrow.. ' Mti'tUf till that it had arrived the day1 befora. ,''y ," ' f . Mr." Martin. 1 1 have an extratl from ' another Njr folk naoer one dav later, than , thaone piloted by the attorney 1 (Mr. M. . nere read o eraa trorn the " rtortoijc Herald" "o the 6th i nil Ant t : 'r'' The ihip'rtevri in the fame piper flatei, that the Hannah had left N. Oilcans 27 tiifyi before 4l r. Hay.' I f thefe are diflferbnt vi- f els-. "'': ! ;; h- . - v Mr. Mirlin." The fame ve(telfir.' 7 1 ;M..lIav. ThefivefTs's mav convey, , fome intelligence to Wafhirtg'ort 'refpefl.' ' Ing general VVilkihfoo' which may con- , . 1 . j ' ' ; ... 1 ictjucnur reacn ouricives. , s , Mr, Burr. ,J( hope, fir, , it will not. be underftood, from, the obfervaiiona of my friend (Mr. M.) that I mean, to take any part in this bufintft. I lht.ll certainly iot toterfere with the Grand 1 irrr in thli ftage of the afralr 'Tho pofnion of ths gen-' ! neman tiai my cor Jul coacMrrence. " , The Chiejf Julice 'ob'ferved that',ift the Juiy weie adjourned till Tb'urfday, ) fbme paffenger mlghtfVpcrhaps, arrive in, the p'tti Norfolk mail, with 0 me In t ic;l J'gcnce about gep.i VV. , ' ; 4 Mr. Hay prelumcd, that . the jury Would not probably be warning before Sa lurdaf. ' . ' ' ' ' ... . I 'Mr Burr ;hopedthat the jury would " I c i1Journe4 to r Ihorf a lime a poC. ' . k hie t a U evc-ti not longer thao Thurs-, -- Chief Jufljee;Th'.i-i-1'uefjay.-i- 1 he anorney tor tne uuw tn not probably eipeQ gen. W, before Thurf. .; day if he comes by water. . ; , - , , . '.Mr, Hay knew not how he wai to ' come. If by water he certainly could -not be expelled buf.r-tht lime ; and if by land he would ccitainly require vrts iiay to tcovef fYoaj tl4 fatigue of trafel , Jin?; ''', , ', k The Chiel Juflici then obfenrei ipilie: " ' ," Grand Jury that they w re adjourned till ' ' ThorfJjf la oclofk.: . Mr. Burr then 'addrt-lTeJ the,court. fhera was i propolition whUh he WifhcJ Icffubmir totfienti In the prefijeni' jfjsmmuritcationto Congrers, be ipeakt 01 , a letter ana other papers he had received , from Mr. Wilkinfoc tinder date of 2tft Prober. Circumftatte.es had now ferder'; ed it material that the whole of this letter fheuld be produced inxburt. :m:-it-j. ' And torther. It has already appeared; to the court in the courfe of different ex aminations, that the government have at tempted to infer certain Intentions on my pirt from- ceriain tranfaclions. ; It be- comes neceUary therefore, that thele tranf- aaions (hould be accurately dated. It was, therefore, material to fhow'tn what cir. cumdancet 1' was placed in the Miflifijpv pt., I erritory 4 ana at courle to obtain, certain orders of the army and the navy 'Which were iffued reflecting toe. -I have. Jeen theOrler pr the navy in, print and one of the officers of the , navy bad allured me that .this tranfeript was correcit,. The' inftrudions in this order were to deltroy ' ray perfon and v my properly in defcend- ing iho MiflilUppU . Now l. wiiQ if pof. fible to authenticate this (latement r and h was for this purpofe wheo I pafled thro' Waihineton lately that 1 attdreffed myi felf to Mr. Robert Smiih. That gentle man, feemed to admit the propriety 0! my application, but objected to my courfct He informed me ihat if 1 would apply to hun through one ft my counlel, .thcie could be no difficulty in granting the ebjeft of, my application , I have fanes applied in this manner to Mr. 3. but without iuc- cefs. -' Hence I feel it heccllary to rtfort 10 me aumority pi 1111s court, 10 can up. on them to ilTue a Subpoena to the Pre- lisent of the United States, with a c utile requiring him to produce certain papers : or in other w6rdsf 'to iflue. the Subpoena duces featm. i he attorney tor the Untied States win however lav the time of this court if he . will .confent to" produce the. letter of the ailtiOclobtr, with the ac companying papers, ; and alfo authentic. orders ot the navy ana war departments. UMt Randal ft) obferved, that be knew not, whether it was neceffary for him to fupport Col.B's motion t that he had been informed by him of hisapplication thro a friend to Mr. Smith, ana 01. Mr. s refilling 6 grant the application, unlefi it were! made Jhroueh oiie of Mi 'Coohrtl t that he had himfclf therefore addftfled" letter to' Mr. S. informing him of Cut. B's (latement. 'To this he had received a letter.' Which feemed like a perfonal com. munication to himfelf, but as h had not requefled , him to withhold it from col. Burr, and as it contained information ma terial to him, he bad (bown it 10 col. Burt Mr. R, regretted that he had not the latter then about him t but the Jub ilance cf it Was that1 the Otder "which hd been alluded to was -Only, for the ofii cer to whnrtr It had heen tddrtlTedand was to be feen only by htm. . He added, that he had written in' rcplf to . Mr. S. that he liever would have applied 16 him for it but for two Jcafoni'that It had al readv appeared In a Natchet Gatette; and that Mr. Van Nets (the friend of col. B.) had intoimed him of Mr, S's uccon- ... '. - . . !.L J I - It L 1 pttionai promue to lurniin mq orucr 11 ne was properly applied to for it, '; : . , Mr. itorr ebfetved that to avoid all noffible mifconccption, hethoueht it pro per to Bate, that Mr. Van Ntfshad auur , ed him of Mr.1 Smith's" pofitive and un qualified jptomife to furnilh he aulwcrj if applied for inroughcounfel.' ( , . t Mr, Haj declared he knew not for what Inii Information could be wanted 1 10 what purpofe fdth etldcnct could relatcj and whether- It was to oe onto q i monon ror commitment or oh the trial in chief. Mr. Barft mt fntibam, aad Mr. Martin, obferred that'perbaps Oft boihs ccorJiniT as cTrciimllanCel mleht tenulre. riot proceed ' but upon " faQs.f Now leiier of the it ft of Oaober Is fpoken of but has this letter been yet IdentU f,d ) He, boned ,thaClhejpourtl woajld. not ilTue the Subpcena farrr tecum , until they were fatiiheJ that they Had the au thotityio ifTue ir and -that the, informa tion requited, wai material in. theprefcot cafe. , '-':'' Mr, Uulli obrere. that the pre. fent wai fimply imetvded as a rlotice, of a motion to h 'jrdught before the sourt which rrioiUiti 'mlxht. he difcui&d either tn. day ot to-morrow. v,. . Mr. Hoj declared that all del jy was un rcccflaty 1 hut he pledged himfclf, if poi, Able, to , obtain-lha papers which were wanted, and yet not only thbfc, but every paper, which might bo neceffary to thl elucluatioa of tho cats. , , ; , . as, obvjoufly 'mptoper that if the pa . pers were, wanted, they. pugtjt;.t ne oo., tained as footi as poffible i and7rot per; ; haps delaj he ulterior, flages of the profe- : cutioiu" 'vrif ;'vr'''i'ft':4;-, . ar .'rslj ' t . jvir. watcd, that ne had aueaay re ceived a conomunicaiioa from Mr. Wick-; ham' en- this fubjed and intended td have 1 informed him. that he would write for all ' the papers "wftch ' Were wanted, -(and her bad nd doubt ke fhould obtain them) if mic ;oun juuui uiem material mc iaw was that her had already, in his poffedioa ; Mr.' Randolph'coirefponHence with Mr, Smith, and t order .from the navy , de , partment but in bis owri opinion, they ; :oo more related to theprefeniprofccution. than, the firft paragrarph of aha firll page of tbfaclaif.Congrefs. ?:"r.l..T VvCili;7srV.cnquired ;;nrhethef.'the .1 Na'tchexbaaette was in court. " ,' . .: Mr. iBrrr. No, fir but T have' kl. ready fceri the fame order in other papers) ' and have jio doubt that almoft every per- ' uu lias. ";MiivaiuicT w was a luojcct oi' furpnfe tiat fuch an order had ever found 1 Irs way !mo a puhlic print Mr. ' Bay 'repeated, that It the ,gentle; rrien would futnifh him with a lid of fuch paper as they -wanted,-, he would attempt 10. obtain them, if the court thought then material; Of whaFule were they Were; they too, 10 be laid before the Grand Jury, 10 diftrad their attention : & to prefent un der another point of vit w another fubjifl (or their cor fulcra tiou f fie had fyppolt-d thai the maf of --matter to be laid before thmn was large enough already. ; ' t Chief Jujlict obferved, that it was im poflibit to liettrmlne their ufe, without hearing them. He Would4 much rather that the oppofue counfels fhould make an arrangement with each other fu it able 'VoT; tnem both and that he coutt itlclt was not n6w d,i fpofed to make any ' arrange-, ment. . But if the parlies could not come to any "agrtement he fhould then wifh to hear lome argument on the object to fa. tisfy him, whether the court had the right tq ifTue? a-fubpoena duitttstvm: : y Y Mr. Birr obferved, that he; had ,bien' told h was the con (1 ant practice in this .fiatf t-4i1ne fuch fubj cenas' upon the ap IrKeatkm prty. - f 'U . & -.;'". 1 ttftpyifiitt had' nV dottbr it Vat the cutibtn to do jt, whera there was no great It! ' J r ' " . . 1 iiitunvcmcrice to, me pany lummonett y 1 that it fetdom occurred t but tl.at he was Inclined to thtrk, wheic great inconven-' U nee would rcfult to, the party Tumtnoneda that the ; materiality ,of his- itltimon I fliould be fully Otown. If papers are to be obtained from a vietk s ofhee,- fuch a Subpoct a may be i lined.. Ind thoozh not uponalfriavit, yet where there has beeii good caule fhewn;' ' ? 't r ,; ' mi. martin laid, mat mere would te hd inconvenience 1 as the Prefident m'mht jufl tiaofmit the papers ' wanted by the mail r t,.-; -j : Mr fiaj obferved that". Mr, Martin's remark, fupetfeded any further procctd. ing J why apply to the court to silk e Subpetna to the Prefident, tinlefs perhaps it ws the neceffary foim for obtaining tlie papers .1 - Chief Jufllct. The reafbn Ii that in cafe oi a refulal to fend the papers, the iay-ef three or.fouir rfayl to obtain the au', thority of this court, than truft to- an exv pe,djc;nt, which, poay be.or)avatiing. .But I t- 7 fee no peceflity for any Tuch.Vclay!; as thot ; '. order may at once WTue-by con fent of par- r . ties; As fa the order from the navy tie-. ? partment, a kopy nay blcfiiflicient : i the original is already gone out; '.-As to iViW? ; kinfou's letter, we wifh to fee it felf heire'j' . and furely.it rriajr be tr'iftcd in the IiandH . -of the attorney for'the U.' States. ; Mr, Zfly.' ' It seerjas then that "copies of, ,. spapera Irom'the Eownmtnt f the United 1 States will not be received.' . They are not', - f f . to he trusted. 4 After jjuch an 'observatian, . I sir,' ivreuact everything that, I Rave promis'-' ,L j t d." fjet gentlemen, wr, t,ake their 'own , ': WVUIBU. IIVIV DUIIIV Wai4H (.UU"'. , '-VersattoQtoaJe plate'at' the bar when Mr.f . ; n "Wickhsm 6bitrtiJ, lh'ai j.he " unlbniinata ' , expfession fell IrVom. him'i he thought it pro-; ; jerto explain. '; Ik had intended Co Insinua-, ' w lion against the fairness df the government i That the distindtion he hod drawii between an original and a copy fcimp.ty resulted fvomhis HiiXiety to obtain t-Lei liighekt possible degree r ' of evidence ; hence be pfcie'i-rctl the originif " . to .the copy j that if nkiiiSi.n vol litre it ' -would be necessary to meet him with hiiiowrt letter j perhaps in no other vi ay. :s J , " 'Mr liaj, ' That tsplaiitttioM lemovis ilia A 'itifficuliy. - 1 ;, ., I ' .t X Mr. Wickhami'-AVe with to confront hini ' ,iih his own letter. 1. Mr, JJtJ, J'erluij a ' hcy may not be ubie to retrieve the original ;."-,:-V as it is already 'filed in', the'dt partmeiit 'of '' " State.- Ulr. Martin.-' Vte as'e ready, to jib fcn . with the discussion.'?" Mr. "Wuliham. Th4 -Prcsidrnt'l mvatte mentioned1, that this 'wai ; a Utter to himself. Mr. Haj. if hope the'; court will remember that remark. 1 he let ter these jretule men then want W 1dre?:ied ' : to Thomas Jefferon. Have they a iiRht to demand any but public letters ? Mr. 'Martin '" ' The 1'rcsideni's rnetsaRe suld, it Vas W-1. dressed to him as President of the United! "'" Stats'.8- bit,. Hat,-: , lf.it be a public letter, it IS of course deposited In the department ' V of state. I have no obiecilon, since fhia in- I kinuation has been renioved, to repeat rny ' promise 10 appiy tor tnete papers, tt thd -court' think them material; and when the ' buslnesa arrives at the proper stage, they 'u v may then le produced. ' 1 hope that no more v' time; will be wasted in thee ' preliminary Uages ; and that mch arrangement may he : ; -adopted as will prevenuhis uneleas consunap-' tion of lime and of breath. Mr. Kandvtfh haJ ' fco reason to bclitve, that there; hhd ken- .-T more delay on his side, than on' the cth,cr l , that if time was to be consumed at all, mom would be employed in removing greater difl ' ' tjcultiesthaii had already been don ; tbatte luiwetcr only hinted at thin row. lie di clui - ed with Mr. Wkkhum his eiftct cmcur. rence 1n this measure. ' .. f Mr. lioiit. ' Unanimously so, I am sre,. Siri I cannot sit down, and hear compla'mta Wonnecessarily repeated abiut the .vuste of time.' Tls time, bir, to be done,' vifft them t tis 'time that we should enjoy ionie- thing' like the liberty of sptecb.; MK Hay; makes, 1 think, about a doaen time as jnaiiy speeches at (toy other gentleman ; and each speech longer than those of other ptrions) sud yet we cannot open our mouths, without his sounding' loudl bis complaints to the " earsot .this. Hall. On this case' of unequal-' led magnitude, ahatl we' tiot bo suffered to declare our options without this unnect-a." . asry complaint about the cortkumpllon of the tourt's time I . Vt feel the magnitude of , "of our duties, and we' shall firmly discharge . them, in spite of Mr. Hay. It is obvious to officer himfelf may be prefent to-fhow-i your Sir, and to every body,1 that the' delay caufet" This Subco?,ta it iflued only ; is not wi'.h us.; If, Sir, you call for an at- where fears of this fort are enteitained. Mr. Haj laid that' no epplication had yet' been made to the Secretary of -(late torgtn,V'i letter nor iothe depart, ment of war for its order, , ;' Mt, Martin If one. department e- fulei, we may ptcfome that the others will. ' '. . Mr. !Burr' If the gentleman grants out tlenut d, he may p'ropofe any alteration In its form that he pteales. Mr. Kandelph, U any arrangement can bo made 10 obtain ihefe paprri, we would rather that it fliould be a voluntary1 aclon the part of the Eovernment., s Mf, ,;, 1 will attempt to obtain thele papers any, in laU that geniieman may want, U, the court ill but. fay, they . are material. . : V 5 Mr, H'itkhm. Col. B's counTe! knows 1 little of tho importance of ihtfe papers' but I from hlmltlf and from that they I are fullf perfuaded bf their great impor. tsnce. Theaitornty for the United States fays, that (a far as his peifonat exeitiani will fro, ho "will attempt to obtain them anif- fttmly' believes'ihst hU application wUlhlfucceMul.. Bui. fir, at .WatV.ng. .ton they msy entertain very dtrTerent iewi.from him felf 1 under fuch clrcum fianctt, better to, encounter the do cument, we arc ready to proceed. 'But if 'jrott are satisfied '' " . Chief Jutfitt,1' If the Kttorney forthe U. ' States is satisfied ihat this court has a right to issue thesubperna Jrffcrltcunt.l Mr. ar " I am not, sir. " ' - , . . ; Ck'.ef juitict. ltlh not prepared to give an opinion xn this' plnt and therefore; I mut calf for an argument. . ; . - : r ' Mr. Ha. Wfcen 1 Said that there had ! been a great consult pth;n t time, 1 certain. 1 ly did not mean to insinuate, that they only i consumed it. ' 1 havt certainly had my full " ! proportion. 1 thought hiwver that my pro. ' position would have saved some time and I am Mill willing to rr peat my promise. ', 4. .1- Mr. PandJph, ,1lml the court, may utu derstand us, I W'H read to them the formof " the' subpoena which we wish to obtain. (Here 'Mr.n. rtad the sketch before him.) Mr." ' Bolts. AVa wilt oe under the I'lrrctron jf the court, wbethrr e ahsll proceed' in the ' argument to-duy r 'to-morrow. Cir Jus ' ike.' Unriuesilonsbly there must be an ar gument, It the attorney forthe United States disputes tba authority of the court-- . 1 Mr. Haj. Whatever other gentlemen may tLtnk on this au'.ijcrt, I have not the leaf doubt that the paprri tl be fro ductda because Mr. Hohert Krultb fcaa vo- Montsrily furnished me with the onlrr of the " Navy Department. But althnnarh I rosy pro. enre thoie papers, let it be distinctly 'under- .... v - , . .1, - .al r

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