The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-07-25
MIR. Hoffman,
MIR. Emmett,
Mr.. Golden,
Mr. w A1nrkhr

IN our report or TINS extraordinary cafe, we
NUT content ourleives with Laying before the
reader, IN iubfance, 4 fatemeut of the PROCEED
ings, and this will perhaps be as acceptable as
the ncceilary long and tedious details, which
in another form may hereafter be given* we
were IN Court from the opening to the drtermi-
nation OF the Quc!tion TO which we mult nov,
confne ourfelves, and if in our Ratement we
have no other merit, we may claim that OF faith
fulnefs.
After the Jurors were called, but before they
were t"orn IN to try the defendant, lift of the
witnef'es was read. which were the names
OF James Madifon, Secretary of State, II. Dear.
born, Secretary at War, r. Smith Secretary of
the Navy, G. Graiuger, Pot Mater-General,
Jacob Wagner, Chief-Clerk in the Department
OF state, William Thornton, an officer in one
ot the Departments of Government. George
Clinton, Junr. member OF the Heufe of Re-
prefentatives, and Sir S. r. Bradley of the Sc
nate of the United States. All thefe witneiies
were ahfent-
The Diifriet Attorney. Mr.. Sanford. NOV
ed the Court to proceed to the trial Of the de-
PENDANT.
MIR. Golden, for the defendant, rore and tat
ed, that the abfent witnefIes named had been
regularly fubpnned, that an officer had in per-
Ion iubp1ned Mr.. Madfon, and rendered him
z reaionah'e compensation, to wit, 90 dollars,
and that on Mr.. Madifon's in,imating that it
would be iDconvenient TO attend the Court at
New-YOri, in perfon, the officer enuuired whe-
ther he Objected to the &c quality or quantity"
OF the FUN rendered, on which Mr.. Madifon re-
marked that it was unneccifary to add any
thing on the fubjett.
Having made this ftatemcnt, which may be
termed the lumber of the law, Mr.. Golden ap.
piled To the court for compulfory projects a.
gaintt Madiion, who according to the defen-
dant's affidavit on the file of the court, was, he
iaid, material wtnefs; and in iupport of his
application he read article s of the amendments
tothc contribution, and the feveral feGtinns of
the acts ut Congreis in relation to it. The at
tachment was this day afiled for againf MIR. RIA
diion only, MIR. Golden difpenf:ug in his argu-
ment with the attendance of all the other alient
witneiIes but MI. G. Clinton, i'm. and Brad
icy, who he iaid were expected the following
day.
The D'trd Attorney and Mr. Pierpont Ed
wards replied, that the motion to bring on the
trial was err. ia order, and that after that was
dhpofed Of, they would meet the motion for
an attachment. 1.-THE object of the connfel for
the defendant was TO put off the trial, they
ihoud avow It; the queitons were difintf ones
and mould not ba mixed. IF Mr.. Madiion had
been guilty OF contempt, for OH that alone
conid an attachment be granted, the attach
tnent might be iiiued to purge him of the con-
tempt, and the tra! go on.
| Judge Patterfon obferced that ne hal received
letter from MIR. Madifon, Mr. Dearborn and
Mr. Smith, which he read, and of which the fol-
lowing is an exact copy:
To The Honorable tbs 9tnyges of the Cire,gt
| COart for the DiRrifF of Ne4v. 1ork.
| we have been fummoued to appear, on
Z" the / 18th day of this month, before S,ecial
&C Circuit Court Of the u. s. for the D;ttria of
New York, to tefify on the part of William
5. Smith, and Samuel G. Ogden, ftveraliv.
I" in certain ihues of traverfe between the IJn;f
"ed States and the Eaid William S. Smith, and
Samuel G. Ogden. Sensble of al the alter
ton due to the writs of iubpoena ifTued in
"t hele cafes, it is with regret we have to fate
"tn the Court, that the President of the II.
States, taking into view the Rate of our pub
" lie affairs, has fpecially ignifcd 10 us that our
Official duties cannot, coEfilfently Herewith,
" be at this iancture dfpenfed with. The
court, we truit, will be pleafsd TO accept this
as A satisfactory explanation of orr failure to
p" give the rerlonal attendance required And
asst mutt be uncertain whether, at any fub
g fequent period, the ahfence of heads of de-
Partments, at fJch a difancs from the r.cne
or their official duties, may not equally hap
pen to interiors with them, we refpettfuIiy
inhmit, whether the object of the parties in
this cafe may rot bc reconcilei with public
coniderations by commiifion ilIued, with
= me content OF their COUnfsl and that of the
Ditritt Attorney ofthe United States. for the
purpos of taking, in that mode, our reflective
" teGimonies.
" We have the honor TO he,
With the createf refpe6t,
Your rot OPT fcrvants,
" JAMES MADISON,
q" n. DEARBORN,
"R. SMITH.
" Ci.1 efk5gnington, stbJfaly, 1906"
Having read this letter, couchcd in the mon
feipeGtfo' terms, and in which the gentlemen
Ianter their tettimouy by commi1iun, Judge
Pattcrion faid, with an energy that I've had not
expected in his debiiitated Fate, that from the
a':d'Vit of the defendant on the files Of the
court, it did not appear to him that the teitino
ny ri afr. Mid(on was material. The crime
o. the defendant fAid the Judge, ifhc be guilty
Ut crime, was, committed in the city of New
York, wien Mr.. Maiif,n was ut Wilmington.
Wien IpSeiH matter is prefentcd, we will conf; :
der H. The Jurors were discharged until to-
morrow.
a deiuitory converf1tion enf1ed as to the by,-
rcAtrlee OF TIE two motions for the morrow
Judge Pattcrion fsid b. would not fetter the
council by forms. Adjourned to TueCday
morning at 10.
Ills Waterford tina, rIr Lloyd, the Stenogro