Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-09-09

dnces tecum is only to bring the paper Into
court. Whetherycu have right to with
hold any part of il from the jury, is a ques-
ton which viii occur hereafter.
Mr. Hay insisted that the following
should be received rs his return in writ
ing; which was agreed to.
hereby acknowledge service of the a.
bove subpoena, and herewith return corr
rect and true copy ofthe letter mentioned
in the same, dated 10Th Nov 1866, excep-
ting such parts thereof as are, in my Opt
Mon, not material for the purposes OF JUS
uce, i0r the defence of the accused, or per-
tinent to- the issue now about to be joined
the parts excepted being confdcntially
communicated to the President, and he
having dcvolved on tne the exercise of that
discretion which constitutio;;Aly belongs TO
himself. The accuracy of this opinion attn
W ling to refer II the Judgment of the
Court by submit INC the original letter to
is inspection. l further ccrti!y, in order
~ shew, more clearly, the irrelevancy Of
thc par:s excepted, 10 any defence which
can be set up IN the present case, that those
parts contain a communication OF the Opt
mon or the writer concerning certain per-
sens; about which opinion, on the fact OF
his having communicated it, the writer,
ii 4 witness before the court, cou,d not lc-
gtlly, Is conceive, he interrogated, and
about which no evidence could legally be
received from other persons.
GEORGE HAY.
He then offered to read such parts of the
letter AS were proper for public view; in
order to shew the total irreIevancy to the
defence of aaron Barr, even OF those
parts.
The counsel on the other side would NOT
Permit them 20 be read.
Mir Bolts said it would be painful for
them to move for an attachment against
Mr. Hay. Another alternative was to
make motion, that the cause should stand
continued until the whole letter should be
produced.
On this motion an able and animated dis
cnssion ensued; conducted by Messrs.
8otts 6 WTckhanl on one side, and Messrs
-Ih'Rae and Wirt on the other.
On the part of Col. Barr, II was contend
cd that the Attorney for the u S. had no
discretion to withhold the paper; and that
the court had no right to Judge in secret
ulon it.--Ihe Attorney for the u. 5 ought
MT TO have that discretion ; because from
the nature OF his office, he was inclined IL
gainst the accused, and wished TO have him
convicted. The President could not dele
gate this power TO him, even ifhe possessed
the power OF examining tie paper * iudg-
ins whether it should be produced because
the counsel for the prisoner woulG n DC
possessed of the means of arguing OH the
opinion to be formed by the court which
they had a right to Do.
1t asurged that Co. Barr 6eiieUed that
tire parts OF the letter winch were ,tttemDt-
ed to be withheld were lmpnrtant to his de-
fence but that the parts which mr.. Hay
was willing 10 shew were unimpOrtaLt that
III a guveVnm, Mt like Ours, 0{reSHonsib.ftft s,
moth ng of a domestic nature ought to oe
concealed; and that Justice ousht not to
yield 20 aefc0,
The counsel fCr, he u s insisted that the
affidavit OF the acct cd Chat the letter may
be materiaD was TOO vague and uncertain
20 FURNISH reason for compelling its pro-
duction; that Mr.. HG9's return (Which
was TO be considered as benz; on oath shew-
ed that the letter ought not no7O to be con-
sidertd as material since his solemn and
positive declarations ought 10 outweigh the
doubtful suggestions or surmises OF Col.
Burr 4; that the arguments Or the other side
only tended to shcw what the counsel Tor The
u. >. admitted, that the paper ought not to
be Withheld, II 1t was necessary ormater.al
TO the defence OK the prisoner; but, since il
related altogether TO other persons, and
could not be useful for his dc fence, they con-
tend he had no right to demand il that
the letter having been confidentially writ
ten 20 the President of the u. S. the Presi-
dent had a right to withhold !, under the
circumstances of this case, and IN de-
legate the power Of acting in his stead 10
MI. Hay, which lie hal done that as the
court could not perceive the irreIcvancy of
the letter to the case OF col. Burr, and OF
course, the improperly of its being ero-
duCed on his motion--it became necessary
fHr the court to read and judge Of it, before
il could he shcwn to hun and his counsel
which (if an Inconvenience was unayoIda-
bic.
lnthe course thisdebste Mr. UIckh4ar
said that the high trust which the people
reposed IN the virtues, intelligence and ha-
triofiSm of the President OF the U 6. could
not be transferred to Mr. Eay He meant
no djsrespect to that gentleman by saving
SO; but the President, by virtue OF his Office /,
was presumed to be superior in talents &
every other great qualification to the At
torucy for the Virginia District.
Mr. mr., in his reply, observed, that
the immense inferiority Of Mr. Tan (thc
counsel who here represented TIE Pre- ST.
dent OF Jue y. Statcs) to that exalted cha
raCter, WIS readily acknowledged and,
in like manner, NJ 7rOuid nj Eretcnd 10
say Waftbrrc 7DGS any eomhari8gn 6et.yccn
Me great .4Tron BHrr, ard HtS reii5., Seafu-
tire, fIr. Uickhom, in z .niuS, IN acicHce,
ga integrity. amt in furs fair2o0sn
Il few ~ nute5 before 5 u'C eek the