Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1806-07-30
FROM THE AmERrcAN CITIZEN.

suant to adjournment present iuag-
es Patterson and Ealmadge. Judge Pat
terson having delivered an excellent
charge to the grand jury, the court pro-
ceeded to the trial ofthe defendant.
counsel for the Prosecution.
Mr.. Sanford, district attorney.
Mr.. Pierpont Edwards.
For tie defendant,
Mr.. Harrison.
Mr.. Hoffman.
Mr.. Emmett.
Mr.. Golden.
MIR. ". Morton.
Alter the jurors were called, but before
they were sworn in to Try the defendant,
list OF the witnesses was read, on which
were the names of James Madison, secre.
tary of state, II. Dearborn, secretary Of
war, u. Granger, post master ge-
neral, Jacob Wagner, chief clerk in The
department OF stale, William Thornton,
an officer in one of the departments of
government, George Clinton Jun. mem.
Der of the House of Representatives. and
d X. Bradley, of the Senate of the Uni.
ted States. All these witnesses were
absent.
The distri6 attorney, Mr.. Sanford.
moved the court TO proceed 10 the trial
of the: defendant.
MIR. Golden for the defendant, rose
and stated that the absen, Witnesses ma
med, had been regularly subpened, that
an officer had in person subponed Mr..
Madison, and rendered him a reasona-
Die compensation. to wit. 90 dollars, and
that on Mr.. Madison's intimaiing that il
would be Inconvenience TO attend the court
at New.York in person, the officer en-.
CURED whether he obiected TO The qua
iity or quantity of the sum rendered, on
which Mr.. Madison remarked that it was
unnecessary to add any thing on the sub.
ject.
MIR. Golden, applied 10 the court for
compulsory process against Mr.. Madison,
who according to the Defendants atfiia.
VT on the file of the court, was, ne said,
material witness; and in support Of his
application, he read sriiel. eight Of the a.
mendments TO the constitution, and the
several sections OF The aSts Of congress
III relation TO is. The attachment. was
| This day asked for, against Mr.. Madison
only, Mr.. Coides dispensing in bis argu-
| 'NNhb."hh VIC Ck Gl ltlS OsHEf
hbse0i Witnesses but Mr.. G.. Clinton, Jun
* Mr.. Bradley, who he said were expected
The following day.
The district attorney, and Mr.. Pierpont
Edwards, replied th;. The motion to bring
on the trial was first in order, and that
alter that was disposed Of they would
| meet the motion for an attachment. II
the object of the counsel for the defen-
dant was 20 put off the trial, they should
ayow it; the questions were distinct and
should not be mixed. If Mr., Madison
had been guilty of a comemht, for on that
alone could an attachment be granted, the
attachment might be issued, and the trial
go on.
Judge Patterson observed that he had
received letter from Mr.. Madison, Mr..
Dearborn, and Mr.. Smith, which he read
& of which the following is IN cxaGi copy.
50 To tic honorable Mejssdgss offhe circuit
court for me district Of .Ne7v York
| (" We have been summoned to appear,
on the l4lh day of this month, before a
special circuit court OF the United States
for The district of New York, TO testify on
the part of William ). Smith, aud Ssmu-
ell G.. Ogden, seyeraily, in certain issues
of traverse between the u .,ited S ates
and the said William S. Smith, and Sa.
muel G.. charlottesville Of all the at,
tention due TO the writs of subpoena issu.
ed in these cases, it is with regtet we
jhnyc To state TO The court that the Pre-.
sident Of the United States taking into
view the state of our public affairs, has
especially signiied to US that our official
duties cannot, consistently herewith, be
at this iuncture dispensed with. The
court, we trust, will be pleased to accept
this as satisfactory explanation of our
faiiute to give the personal attendance
required. And as it must be uncertain
whether, at any subsequent period, the
absence Of heads of departments, at such
q distance from the scene OF their ohici.
al duties, may not equally happen TO in.
,erGerc with them, we respectfully submit
y whether the object ofthe parties in this
case may not be reconcIled with public
considerations by commission issued
with The conseot Of their counsel and tha
of the district attorney Of the Unitec
States, for the purpose Of taking in tha
mode our respective testimonies.
a. 4.