Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-07-02

the politics &c chose times. Il is sufhc;.
ent nnsrslv ID re pear, thar Cooper was sued
for s LIBEL; that he put IN two pleas; lst,
!. no, gusIsy:@ "a. justification and tina. ia
order TO support his plea OF JUSTIFICATION.
4 he applied toihe court for subpGaa onthe
presiden, of The u. S. to cbiaiD certain pub.
1 lie documents. And what did the judge
decide?
Omitted for zpant "a ro0m.
But. sirx slreng as that declaration is in
& our favor,an though i completely goes
10 deprive The prisoner OF the prI.llegs
which he claims and tho i Is 70 oeseossI.
t.drred as law 10 The courts Of the Y YET,
/ sir, abhorripg anything !hst looks Ike per-
/ eecusion, we should have disdalprdio smell.
Iier Ourselves under This abosninablr pre-.
fccden..s We desire hat the prisoner may
] possess allihr Information which is neces.
{ sary 70 his defence. Il is my sincere wish,
| ia this as well as in every other point, TO
/ give him all The assistance which evidence
4 can afford. From eur souls, do we abhor5
every, the slightest thing which wears tho
| appe araace Of persecution sir have on.
9ly read this authority to show, that we might
easily have refused This demand, under one
sof he psecsdsnts established by court Of
The U. S.
/ Igr. Martin has said, ,ha, no secrets
fought TO be withheld from a court of Jus.
]stice. except those whi1h have been corfs
dcn.raIly entrusted 70 legal COUNSEL that
/ This is tie only exception TO the general
Hdoc,rire of evidence; and that in all 0.
! ihrr eases, The witness Eaay Be compelled
to give information. The esesp.isu recug-
.nissd by Mr.. Martin, certainly does ex.
| ISL; but Mr. NJ. has takea g-cn1d too mar.
rev, nor is Thar the cnIy rase where the
witness is permitted,s,o kerp his irfogms. q
| ton to himself. Sir, il a confidential
| communication has heea rsade 10 Thomas
Jsfsrson, he is nc, reepansibis tea cour, Ct
| justice for It's contents. Ispeas, cir, with
due submission to the cogit; but gre pnd
my opinion principally on decision o. The
supreme csurt Of thsy. S. Ny position is,
that IT a communication is conadensia!ly
made TO Thomas Jefferson, he is not
Bound 10 appear before This or any other
ceu.t, 10 disclose ii. It is unnecessary. TO
coiiec, arguments TO demonstrate the SQUAD.
ness of the policy on which shis principle
is constructed That would be an easy
task. But, sir, instead OF wasting my
| time and the time Of the conT, upon the
policy Of the measure, ! will refer yep at
once to a precedent. In the case of Mar.
bury vs.. Madison iD ihs supisaes couFs Ct
the u. S. Mr.. Lincoln. the attorney ger. /
OF The. US wa called into coest, and it
was yshemen:ly cou,endcd ,ha. he might
be compelled TO give infofmaiioo, IKE
apeher citizen. Mr.. Lincoln stated bis b
objections in he following terms:
lC1utttafsr zvant. @, ram
In the same book p 1s6. the case of the
secretary Of state is also stated:
/. follows from ,hsss, opinions, that tic i
court should always receive special ipfot-
haa,ioa abou, :he papers, which parry H
vishesto obiain, before they authorize him f
10 demand them: They cugh, to ascer.
tain whether these papers contain conhden. y
tial commnnicalions 10 the head Of the 60.
vernment. But, sir, if the papers which 0
are called for BY the sfhdavi. of A. Burr be b
OF public nature why should the cours @
issue subpoena 6uccs tecum to demand e
them The opposite counsel may rest
assured, and the attorney for the United b
States has actually pledged himself solemn. 81
" to this court. that he would spare no eS. h
eriious to obtain a copy Of them, the CO. b
py would be sufficient, or the originals il E'
copies will not avail. But, SIR. if this lei. k
ter be Of confidential nature, il is not the So
duty Of the president Of the United States @
,oproduce itin this court nor any where
else. @
End where is the proprie,y Of directing sA
this subpoena IN any event, 70 the president; 81
LII, be public letter, i: is rndoubtedA Va