The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-23

.na' 'nsy want the P5eiident's psffon. An that
they pretend ia require are certain paprrs H.
ms po'itfhGp aud ttsie are evidently to be OBJ
tanned. withou, HE utc,flity of drsq eine, b;,,,
from Wafhingtento ribs ci,v. B.r, 6, ;f,b.S.
p7pers are not of public ,aturs If ,hev
mould prove 10 he confidential, conrmunica.i.
ons addrefed TO the p. ofthe u. S. ta-.,tv m.
reafoning which have here tofore emn' oycd :,
Us not necefiary and il is not proper to inbr.-
ma Thomas Jefftr!on.
| One remark more, and have done, TIL.
gentlemen inhlt upon the neceffty of pStdu-
Ing IN th's court The original :e,ter from q.
W'ik'nion to the PRECEDENT of the u. States
] VIII fuggef an expedient, yvhie h NAV oby;,,.
(every .potiibie Inconvenience. IF your re-
"ouis lay, that copy of this letter NAV he
read IN evidence like copies of all o,hrr ao,n-
'nents IN the department sof government theo
/ aito VIII the attorney for The u. S. conr,nt
thas TINS copy may be read and have the vrry
iaIhe ei,ect as the original But gentlemen NAV
contend that Gen. Wikufon would oh;ra =,
this copy: Sir, Gen. Wlkiniou wonl3 No.
no right 70 urge fuch an objection and nm,
!efs, when he mould underitand thar this va,,,
copy is expressly introduced into the corr. ~,
tue pr'ncipie OF pohrling the fame validity 40
the original iiieIf. But, Sir, if Gen. Wiik;1f,'T,
ihonfd dare to raife this objection if he fbon,d
pretend to celcaTe that this ,vasnot hisletter or
that 1t was not an authentic and corrrSf COM
4 TIatr nj
would certainly be produced.
| MIR. McRae concluded with repeating his r;a-
cere with, that every proper teRimony necetia.>
iry To the priioner's defence fhould he nro-
anceo; but With expecting his hopes that no
,uch Her as uas ut that trae recommended
oy the oppnhte council would be faaGicned
! by the court.
Mr.. Bots. Ina government oflsws, where
maJety and prerogative are proic ribrd. and
where the authorities of all the public flnaion-
ares are to be .cxercifed for the beHeHt of the
people, there are but few inhapc-s in ,sb;cs
tue poiicy OF tate iccrecy can prevail In sfte
nat'onai intercourfe with foreign Gates, where
tue relations pretent iuhietts fit for privacy. the
rare DUTY OF concearlent may occur. Some
'''iie ago. when the hue and cry of trcafon was
rung through the country, there m;oht H..
been an excufe for the claim Of fec,,rin. e..
the eye of the fnfpeded, particular aas of tie
CABINET Atthis momrnl it wilinot be r,rr,s,d d
ca, mat the public good can REQUIRE ,hat
Sei burr fhonld not have the means from ,h.
departments required for his inaiGcation.
Ian any innocent purpoie, faid Mr.. Bott,.
| DC luoicrVed by the Preldent's Withholding the
documents demanded? And will the council
| ne act OF Congreis provides fees for comics
rom the iriniterisl Offices Under the centroI of
INC frehdent, and every individual has rphc
10 demand them en- paying the fatptory charp-
60, !! inoividua's in common have this rieht-
why has It been denied to Col Bl,rrwboG- fa,s
may depend in fone degree on them? One os
cue copies was Promiied, but the promife was
I."'so'.eh State policy in England has done
great deal of mifchief sit has often fhsItrr-
ca wicked and corrupt minifters from ,b- MN.
l''i,neht Que to their crimes: vet even there
("hers the principles of liberty are nor npa.r'
1000 10 well AS in this country.) in Sir Home
Popham,s trial, Lord Melville, PRECEDENT of ths
board OF Admiralty, was compelled. a few
li'oI!hS ago, to appear and give evidence con-
S,n.ng 'ne initruetions he had given to that
IL : 20 not now complain of the illibe-
RAJ caution OF the gentlemen in KEEPING bi6d,r
their written evidence, which. If known =,
tine, we might refute but fuch teaimony No
'n'''& material IN our defence, we arc, at any
ra'e ehtitied to, without favor from then
Out inc gentlemen have made a concefion of
great iiosratty They fay they are wiII;nr
,hat me Freiident may Be fummoned to attend
". "o' 10 give evidence when be does attend :
go; U. oligIoi- any thing but what he may
n'nien conde!cend 10 make known. Tb. PIE.
hcent may De, and no doubt is, a yerv yrest
anu soou man but while his policy ia relation
,ne aecnied IS 10 completely enycIoped in
tnytery, the couRfs for the profrcutiop m.ff
paioo" US u we comet content TO pin our
ialth on MS ileeve, and if we choofe rather ta
oee LAX ouiie'es to our legal rights
.-;.,ae p''''0" gwen ey Judge Chafe ON the
ne ." "a Sooper, was rfprobated by the politics
St thoie gentlemen who profecute for the U,
States; and yet they now win to avail them.
ie'Ves OF that authority. ] congratulate them
upon their derelIction of the old democratic
Opinions which prevailed at the time of Chaf.ss
'ri@i' and which thou. ht would have gone
WITH my friends totheir graves.
Mar. 1ucRae obterved, that Mr.. Botts had milf.
repreiented the Object for which he had INTRO.
dnced the opiu'on of Judge Chafe that b
mad not pretended to uie il asauthorify bur.
on the Contrary, had expressly decIa.ed that he
icoFned to avail himfelf Of it.
Mr.. Tirkbam faid that Judge Chafes' opini.
on pronounced in the cafe of Cooper was nor.
correctly underftood. 1t was Rct that the Pre-.
hdent conld rot be fummoned as witnsfs, bu..
that he ought rot TO be fuamoaed 10 1--WE evil,
dence againA iimieif,
Mr.: Bof'5 proceeded TO fay, that even thai
quaiItct opinion of Judge Chsfe had been re-
Prooated by the gentlemen; but now thew
iheiter themielves under il in efTccf becanfs
tney uIe Il as authority sgsint the fuccels OF
the preient motion.
The genuemeb contend that the executive
mutt judges wnc. her TIE documents require fr-
crecy or not. But how can this judgment be
exerciisd until they are called npan ? And
how can the government he legally called on
but by procets of fubpcoua DUES Tceag -
When this iS feryed the Preldent may make -
bis return.