V. vw XV 1-',' :. .'' -. stood, that I ahiTl object to tbcir brlnj on-, pecessarily proceed. ' ' ''-'. . Ittr. . U will takt four .days at leatk-'i V to mccrctftiiga letter between this city and, "Washinqjtoa, atil tiro or three days' to cop ths papers. So that six day wilt be totally last to tiu I the m-ait tints, 3.) oMt wit-'-Besses, an i 16 GraiJ Jurymen (they might p;r:ups require themi-wofcU be detained bfcrf; ,ail after ell, ttie attorney's applies . .. tioa to, ths jiTsraoBiiU wight be unavailing. .. My tfj. Since then gentlemen, sir, will ' -prei this su1) )ct t t ait na mars taaa that : tfiey will wave "thiiMdiicu.siun' uU to-mor- row . vi s . . . - 'Ths court wat then adjourned till to-mor- raw, ll o'clock.' ttt tttacVmsnt tit said it wist trte that Mr. Hay misfit or might not eend the illa W the grod jiiry ; bat if -he might tendHieni; Col Burr might want the witnesses in ha defence i that tha motion to commit which a been made the other day, was not refinqtishedV bar oaty suspended ; that the . argunent re lative to the return day of the process Swas' not of any weight, for, the court: cmld! ap point a da?, and bad doae It ia hunJreds of instances ( and that if on a motion fgrjonttnit- prenience which, might attend the production ment, "a prisoner cannot haW a cont'iuancet of these papers oubttobe disregarded ; be- that is the tiroiieest reason for bis bemVlbre- ' cause the law arave Col. Burr a riirht to de pared with. testimony to meet it. ' lie eon- f mand them. . Butin lact, there would be no witness if,vwif hhvM he not produce ibis letter ? T Ai-- 'i:t-:- :r Alt eaid that he doubted whether the teOi monjr of General ' Wilkinson would be cor-' reel, that he had already violated his oath to support the constitution, and was interest ed tq establish the guilt of Burr to excuse himself., . It was therefore peculiarly neces " sary to confront hi in with lYis letter. ' . Mr. Martin alio observed that anjr.incon '..'-. une 11. :" On Wednesday last at uncomm nly ani mated and eloq uat discussion commenced on tha subje'ci'uf CjI. Bjrr's 'mjtion Uf a writ of subpe.ia ducts tecn, to summon the Presid.nt of. ttm U iuel States to produce 4S evidence the oriin letter of General VVil ki.is.in (dated' the 2 i diy of October, 1 805,, and referred to in his message to Congress in January last ) iog'eiher wish Copies' of the ortLers .which were isucd by his directions . to the "hav"l ;! aultury oiS -.ers of thelU. Statesc-jsnTii liii (ha.n To suppress, thf T com raeV'iined to,'. Varoa rjrilTv, ' Mr i eointeaded - that preliminary question o(m to be decided ( whether in the aituawon in which Col. B-it now stands, be . fore any bill of jndictrrtent has been fund again.it him. he couM, as a matter ot right, m,ove for any subparts. for, wunee in bis " favor. He solemnly declared, it was'- not bis wish, nor that. of the gentlem.n associated . with him in the proieculton, to witTfhold from ' Col. Burr any testimony requisite for his de- ence ( that he firmly believed thoe who ad ' minixtered the government were disposed to furnish every paper properj te produced for . the purpose, of enabling the accused to prove . his inrtocence'if he could. He stated there" j,- fore that he' had written-'to the President re.' v questing him to send on the documents which .were wanted and he doubted not they would v be furnished. ' But, as the gentlemen on the . other side Insisted 'on the subpotna duces i .- : . - LL .1 I J ?.L.t , lecRin as process 10 wiiii.ii nmjr uau a rigiii, . and toundeJ their rautiort on a supposition thattue lJi tsideiu wcuiu refuse these docu tnents, he would examine the founJat'wn'of . ' Ihe right for which they contended. llw court consented that the previous . question should be brst discyssed. ; -- ' Nlr.' Zir then opened the debate,and en . cesvorea to demonstrate that the motion made by . col. Burr was pferoalure t that he atood before the court, at presebt, only as a '. pel-son bound in a recogrtn'-ance to answer the. . . charge of a mudemeanor wher. it should be V exhibited that", no bill "having yet been sent i to tbe graou jury, no charge was yet eihi , bited against him i that as there for no trial " , fiependitigrhe 'could not with propriety de. ' ' Ynand i'i paias for witnesses) although they " bad been issued to him by the courtesy of ir.eciera, ana ii wh me uxuai practice to ao ' so in similar cavsr- Mr. H, laid, down this .. V'oad proposition that no person acrtlted has . riglit to subi-os ia until he is on his (rial. ) hat Is, until the grand jury have found a 1 till "Of indTci tnviit against him. Me . denied - "that any law could he bewn which gave that tight i and asserted that ihe comprcated prov'isionsof the common aw, and the Acts ; , of Congress might be searched in vain to aitpp'rt it t.that the amendment to the con- '. atituiiori of the "United ttes which entiilce tvery penon charged with a crime to tom. puU'iry prores tq obtain his witnestes, ipr 7 plied, to a diCereent stajje of the proceedings, sot.ta the preliraii) try measures which had .. teen Uken, with regard to Aaron Burr that the iaten'iqti of that. amendment ws tn'se care a fair and .impartial trial; but ait tt r amiiutioiibtf ire a magistrate or an enquiry before a jrrand jury was not a trial. , In order." . to shew the premaiority of tht motion. , be .atkedif the President was actually ,sum .'uiijntd and attend.!, whatcwiM be done with , ' bis evidence i It could not be used unlets the trial should corn on-; unless the bills of in', dictmen should be found true bi!K , . -, , -' He sugsested another 'difficulty.' trial no diy could be appointed it which the proeeH should be refr.rnabfe. He acknowledged that on a motto? to commit, a prisoner ia entitled ' to ersmiae witnesses en bis behalf; but 'there was no such motion now btfore the court, ' tha' it would be made if Gen. .Wil ..kinton did not arrive. .On a motion" to com "nit,, a priuxief may examine witnesses if they are present, but has not a jighl to. lure such a moiioa postponed on account of their " abence. ' . , ' ? ' " ' Mr. litkham ,on the other aide. Insisted ? that the rootioo was only msdc through" I ... nirit of accoiswuMdation, for tha cUik-w bound tolisue tba nubpana at the request of ' Col. Hurr. He declared that this was the - rt time he had aver known the doctrine ad eluded with saymj lhat the rule that a person accused had a right to subpfenaa for svitnes. ea in hi hvor, had beea seitkd ever smce : he 'daya'f;Magn Charta.';. vfy Mr. ilnrti -'cited eomW parts bf a report -I of Ogden's trial to confiim the sbsefvauons'. made by Mrs' Wackham,. y--J. - c ,, Mr. Jiat said the gentlemet wrer;Jmista-' . ken as to the subpanas in O pith's Case that they were not issued before tic indictments were found that Mr. Wickm bad misre."' presented his argument in uuolrig that ha a .i ! i -1 . . - '. l inconvenience. .1 hey did not want the per, aonal attendance of the President; he might :comp(y with the subpeena by sending the o- rigin! letter, and the copies required,' J ' -I v Mr. JfRai'ih answer to Mr.Martin, re ! gretted that he bad oed suuh intemperate '(.language, and wandered so much from the subject ; observing that he "would not follow bis example. and indecorously declare in ar '" gutne'this plain and simple question any o- piiiion on the guilt of Cot. BurrHe repel- ',- led the comnlainta of neraecution which had denied the power uT the ckf ( to isitie sub- i ao often been repeated. : He said that ' pre posnas in this "stago ol the prosecution j iat cedents might have been produced to sdp- ne uaastateti mat it sramhe practice to, is- port them in objectmg to thenght of aurnv sue -inemy uut practice and right are dif. , : moning .the1 FresnJent (particularly Judge ferent, things He called fbrmty authonly 00. Chase's opinion in the trial of Cooper for the point. ' ' - ; ,i ( - fibelj as awitntas in antjcaWj but the con- : Mr7 Wickham conteftded b"a -was AzW ai ' t'kl for the U. S. to shew that tbeY felt no to Ogden'f case, because It proved that ssh ;ira. inuvu iur m jJim'iicr Wldlin llTCgU- lar. He acknowledged ; that no kuthority could be produced( for ho such qiis ion as that made by. Mr," Hay had aver ben raised before. ' z',; ,-.'.., ': - :',; ,Mn Mj said he was willing to sit mit tha question to the court. ) ;. 1; Mr. JJMt read an act of Congress which proves the right of a peraon accused as - well as of a person Indicted to hive sub- potnas;';;:;;,;':',..;:. 'frf'r 1 he court seemed inclined to-decide the point against Mr. Hay f but desired It to bo reserved a k part of the argument oothemaiiV, question, irt the opinion of the court on whjch the previiua question would be involved ; and directed col., uurr s .counsel to commence their argument in support of theirmtjtn for. a subpasiia duces tecum to the Preniicntaf the United Mates.- ;.- a y . -fr7 . V- ', Mr. Stjrtin then dehveM a Very anima ted haraiigue, i which we are able to le only a brief abstract at preent. It cnm ed in s grejt mrasbre of im passioned de clamation on the wrongs which he alkdged Col. "Burr had sustained,' Imermingled with sarcastic insinuation: againitt ien. aV iIKin son and the President of thb United itales.1 In the beginning ,bl his argument he pro ceeded on the.Aupposiiion that Mr.-llay de nied that the President toidd be summoned as a witness in any case i but the Chief Jus tice having informed bim that Mr.. Hy did not contend firhiirh a d tdrine- but OulsJthat he' could not be umnlned to produce the papers req ieted ; he acknowledged he had -iinUuoderstnod that geniteman and proceeded to argue, that those pspera ought tb Otf'prk 'duced. : '. v.V V.: ; V. Wiih reject to tVilkihemh'a teller lo (Ke president, he said it was wanted to confront him Incase he should be introduced as a Witness, and to shew that he bad givrn con tradictory ststements at diflVtmt times fori cernlng CoU Durr's transactions! that tht affidavit bled by Col. Burr in support 01 his motion wis sufficient together with the o pinion of" his counsel, that the letter was ma terial to aulhorUe him to demand Its produc lion. As to the orders which the President bad issued j he, admitted that ty, thight have applied for copies of those ofticiul copies and thst every citiren Had a right to dMiiand them1 without applying for ji writ of b tna duces tecum S but thtthe Secreiiryof the Navy (he presumed by the 'Pj cedent's directions.) hsd reiu-ed thoe iir wmrn be had been applied to. and the other Secreta ries would probably art in the same trimmer The protege desired was therefure necessary toobuln tbeni. .The bj-rt for which they Were wanting he candidly staled to beta shew' thai iAom trdert totrt Wtral nnl.mititutiMaL - etitiro'j dnJ 3pt'rw( I that Cot. Uyrfiod rirht la tesltt i hem S and Inat the irmed at. stmihjr if tr under kit f'mond, f if tuck a tstmbluft ttrr tiitttd ) w oj frt fur. pout of Itl djittt't and rttntanct It efyrct. HtH ! ' " ' ' ' ' ' " ' ' , . Mr. Martin furthel1 sfavd thl tda oppd , attion of cnunsel Tor the United States to this iffotion would leave an imm-bn on the pub lic mind that the Pp-sideM, Would hr sort If Col. Burr should prove to be innocent be cause he had In his address to Ons-prt4i, Judged and declared him guiltv that te had denounced him ia a traitor, hsd Jet loose a ', gainst him the bloodhounds of pert -ru'lon and bunted him into ihe- toils lht llw Pre' sideiil had himself occasioned all the 'clamor ' againsLhim, and ought n4 to be permitted I to wilhhoUaav pipers which vindicate a . to jmawef eerjainqatitfonaipntto him, en the ground. that he-should thus criminate htmseu. A long and desultory argument then ensued, which was determined by a promise from Col. Burr's counsel to pwluce their authori ties before the coirt on the tollowing day, to ' shew that Wyllie could not be compelled to answer aucn questions as migm in ui ujhu lon tend to: criminate himself. .The court then adjoui ned. ...; ' '': -: " Four indictments were aent to the grand jury,4 two of them against A. Burr, for trea son and for a misdemeanor, and two. against " Herman Blannerhaasett, for like offences. Judge Marshal gave a lengthy opinion oa the motion for issuing a writ of Subpojna dtt- ; - jes tecum, in which he made Use of this ex-' pression t ;-;t ;."'. 'r " ' 1 thts prosteuttoHthall terminate, at it h , txpectxd and wished on tht part of the United Motet, in the conviction of Aaron Hurr," At-, ter the Chief Justice bad pronounced it, M. - M'Rae laid he hoped he had misunderstood a partbnheplnionTwbichhe had just beard he hoped the court Was incapable .'of saying v. that the ' government of the United Statee . wished the prosecution to terminate-, in tha conviction of Aaron Burr ; he denied this be to the wish of himself, and believed hat it : waa not the wish of the gentlemen with whbm'ho. ' had the honor to act. If he had understood the court torrectly be hoped the expressioa was written inadvertently and aecidently for, nothing would wound his feelings "'more' than," that his honor should believe that it was their -wish that Aaron Burr, shoYildbe touhd guilty, at any rate, Whether . really gViilty Vinno- Ali '":'. '"' -' '"'"-'-'.'.' ' ' '. - ''rt-' v The Chief . Justiiehnswrred, ibat gentle -men had repeatedly declared their conviction ' that Aaron Burr vhtguiHj. If so, they must wish him to be convicted.",--';'. Mr. M'Rae. Our dclaraliona have beeft oAly. as to our opinions cohcerning the en T he thief JusiicerbefoVe the fcoutt ad- aplrtt of persecution, had waved that objec tion, and seemed to shelter tliemselvei nnder that opinion, if it was-law; it being1 their own opinion that no man is so elevated, but 1 he may be a witness if hit evidence is such as may legally be .admitted. He .doubted pot tbat, when the tuoiect was fully u-iaer- stood, it would be found that the President's conduct had entitled , him to the praise of his country.. ;..;,''";;-!'' Mr. WK&t proceeded to examine the grounds of the motion for the "production of tno dfW-lTinmt HirMinrtrd. i H hhiFrltfr lii. i the affidavit of Col. Burr; that he had bnly 41 jjotirned, declared that he Jiad itrwca out f hii sworn that the letter may be material ; where- i as be ought to have sworn that he believed it to be material ; and moreover ought to have shewn in what respect it is mateiiah- It was therefore too Vague and uncertain and not sufficiently special to support the motion. ' He contended that Mr. Martm a ruk Con' eerrting confidential communications was tod narrow; that certainly .'the. Jaw would not compel Mr. Jefferson to reveal private 'con fidential communications made to him in bit fficial character. It was unnenessary to ar gue to prove that thin doctrine ia founded " it) me ounaeki nnncvi - - . He (cited Marbuy v. Madisdif, I CraHch U,. 166, to Shew that specific information ought to be given of the nature of the papers requi red. He said if the President is to be sum. moned. it must be oh the ground thst be is in postaii-n of i he letter, if it is s private let ter it ought not rd be produced ; if public his filed iathe Orp trt ment of State, and itlsi.ot in the PrMdckH' poneasloh. It is not stig irested that Ihe President hasanv Personal c- yidence to give I it therefore is not necesSart In direct the kubpebnato him, bilt rather (even iftKe doctrine they contended for is torttii) to the Secret arv'lif Slate. ... , t '. ' Mr. M'Rae remarked thai the cobneii fo (be proerutioh would consent that a copjf certified from that dedartment should be read if the emlrt shriuld be of opinion that the ori final letter is anmisitble ascvldence It had barn said that Gen. Wilkinson might object to a copy bbt the cause Was udder -his con trol if he objected, it would be frivolous, for in a few days the original could be produ ced, which would prove the correctness of I the copy. , f , .; Mr. Martm begged leave to rh'ske a single observation omitted before ; that it was a fa miliar practice to get copies of ihe ordera of government i particularly in tnsls of vessels lor violaun the ndn-lntercourha laws t that in such casea where Instruction given by offi cers of government were produced, the only question wss whether orders violating tht law could Justify those. acting under them; not whether such orders were admissible as evi dehre; - Mr Bviti next spoke, and Wat followed by Mr. Wirt on Wednesday, by Messrs. Hay and KndoIph on Thursday, and by Mr. Mar tin apjin on Fridav. Sketches of the aub. stance oflhetr "apeectt will be giren la due 'me ' ' vanced I Jhat a pervm accused was not entitled . II 'tiaen whose life wss irt danprri that, if he , to.suopwnas lor nil wnncisci. uiuunr.m ' , thbt the United States had had subpanas for witnesses on their bchslft that the tight to 'the tame process attached to Col.' Burr at the ; fnament when alier havlnsf been aeiaed by ' lawlestans arbitrary forcet he waa brought t beforf the Ch'ef.ir"l',: f" examination";' that ia the nial of Smith and Ogdcn at N. j'.Tvrk. wbkh reistmWcd this, tubf etnu ware f Issued ia their fnr to summon Mr. Mdi ,. son sod General Dearborn, who failed toat " tend, Ui consequcneeof whUh so auathment ws tnoved fur against tbrm tbat In the er Itumeht bf that case, no person doohfed lh E jwer of the clerk to issue tha tbbpaiisi but t court divided Oa the qqciUoO touccr&lof did wituhoTd iheni, ahdColorttlBuir should be condemned, he would be a swreVrrr and to recorded in the register above.' " He insisted that the clrremVince that Wilkinson's letter to the President wat con fidential could not prevent it be lag disclosed as evidence in a Criminal prosecution. He' cited the Dutvhrsa of Kingston's rai, and M Ns'ly on evidrr.ee, fw 939, In rapport of thVe doctrine and laid It down at a gt6eral ru!r that no secrets but those roenmumckred rirofessioaalTy to an attorney rild be ft4CU y Vept oa an occasion ol this nature.' if there bad been a verbal communication t ifte Prtiiu'tm, fif eouU bate btt n en pU4 lo mtti U la jWing la L1T UtUacny ft irtLMtNGTOtf. TUESDATt JUNU II, lior. . On Monday the I Jib Inst. Cenertl Wilkin ton made his appearance before the Federal Court, at Richmond, and gracefully bowing to the bench and surrounding spectators, took bis stand behind Col. Burr's counsel. Col. Burr's countenance Is said to have been Marked bf a hsu . Kty contempt l that of Cen, WV was catndignlfied, and Commanding After tsking the oath, kc. Gen. W. attend. cd tha Marthal to ihe jury room.' A devul-! lory conversation then ensued, at to tha tcs. ' timony proper to be sent to the grand lurv. ! .w ir..i.i n .!.., . . "I too muni'i tor .ui. iurr in.iiunjr ma, no ta. I pcrs pnouia oe rcceivca oy ids grand jury, ; but through the medium of the court. .The i Chief Justice then delivered the opinion of tne court, wnicn was, taat tht prand iur thould iitt as ffrt anl hoi wrt netesso. ritt eonnett tht norrotht of tht witnei. jfe, Wjllie the reputed Secretary if Burr) waa then Ufled. !na tourt, and interrogated with itshett is a cyohcrtd letter la the hand cf the couBttl for tht proMcmips U$ rtfuitd I obmon tht txbrttston tlitt tne United Motes t . . ' . ' .. . . ... ; . . vnhei Mr. Hurt to bt toniitlpa that he b&a , done this tb prevent its being misunderstood ' , for hfs meaning waa not that Uiejr w ished bins : lo be convicted whether guilty or not ;. buc . that, at the counsel believed him guilty, they rnbslitecfcssarwy Wish him, tb be convicted OdTbesday.rlJlUy.ba the 'annexed letter' from the President of the U. States respecting the Attorney's application to bms ' for ceitain letters and paprr supposed to be material to the defence of Col. Burr s , ' , . . . 'f Washington, June UiAj 1807. " .V;:VK.;.;;:;V JTOUR letter bf the 9ih ia this moment received. Referring the necessary fight bf , the President bf the United Statea, to decidei , independent tJf all other authority, what pa -pers, tohling to him at President, the ptiblig ' interests permit to be communicated, and to whom I assure you of my readinesi, under thatreatrictina. voluntarily to furnish on all -occasions whatever the purposes of Justice j may Require. . But the letter of Gen. Wil- kinsoniof CxU 1 1st, requested for the de- , fenee of Col. Burr, with every paper relating, to the cbutgtt against him, which were irr , toy possession when the attorney general Kent ' to Kicnmona in iviarcn, i tnen aciivereo to., hiini slid 1 have alwaya lakeh for grahted ho ' left the Whole with you. . If he did, and the bundle retains the order itl which 1 hag ar-. ranged It, you Will readily find the letter de- ' aired, tinder the date of its receipt, which wat Nov. 25; but lest the attorney gen", should - not have left thm papers with yon, I will this ' day Write td him to firward thtt rhe by post - . , .1 - i . - ... ... ' An uncenaiuty wnemer ne is at rniiucipnif ' Wilmington or Newcastle nly produce delsf ' in hit receiving my letter, of. which it ia prcw : per you should be apprised. ButaeltiotMif recoltett ihe whole contents bf that letter,:! must beg lease to devolve on Jrou thetteftUb of that discretion, wh'u h it would be - toy right aiid duty to exercise, by withholding the cbmmtihicaUori of any parts of the let ter, which are not directly material tot the purposes of justice, f - , "", - '. ' . With this application1, which Is specific, a prompt compliance it practicable ; but when the request goes la coplea of the ordera in sued In relation to Cob Burr, td the officers at Orleans, Hatchet and by the tecretariee , or the war and navy departments,' it aeertt to toVer a correipbndence of many months -with tuch a variety of officers civil and mili-; tary all over tbe United Stales at would a mount to the laying open the whole execu tive bocks. I bavfc desired the secretary of. wsrlo examine bis official etnmup'ci'ioni. I and on a view of these we may be '0j, to judge j what esn and ought to be oe towardt t ! . t - - laft. iL. . . . compliance wnn iu ixoti. if tha. OtUt dant alledgea that ibn Wis any pafrtcvlar order which, tt a. MUie, product tnT t9tm tlculsr act bP it p,rt, tb'.fl . WttU know what the order was, en specify It, and at prompt ftaswer can bo given. if the objeet hr beett spSci6ed,-we must then bave bad some guide lor our conjectures at to what part of the executive records might be stfwt to him. But, with a perfect willingness to do what Is fight, we are without the indies, tlont which may enable us to Jo iu .' If tha researchet or th Secretary of War thould -produce any tlilftg proper lor communication and pertinent to any wlnt we can eoncelvr in tbe defence before the crn. It ahall b forwarded toyo 1 salute you with esteem a&d rctpctu . ' . f - tt Tlli JEFFERSON. ' Ctorrt Hoy, ttq, , . . After reading tbe Tresldcnt's letter, tome bscrvttiona were made mpeciiiig the lenl. taeny of Dr. Eollmta and Mr. WjlUe tolrp .- .1 1 . t 1 -v. 1!

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