The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-17

eAa'snation when was row commenced but thar
he had no OBJ ehons to the courts Tending UP by
word or by writing iueh ntrstions to them on this
iubj"ef, asthe COURT n,gkt Think proper
Mr. BofS coniefed, that this expedition fr-prized
him; OH former day h= had unlertopd that no pa
rers We're to 20 before the c. Jury, but ,hofe which
had been INFECTED by the court.
Efr "Y Tequeted leave TO explain He had
promilsd betar- che arrival of Gen. w. TO iend up
no papers without the inp-Ston of the court; that
he had a, that time fevera authenticated papers fe-
Vera atidavts and that he had an imprelion (tho'
not very decided one) that they ought not to BE-
Unlimited TO the G. ]. At that time gentlemen
ieenied TO think that certain papers and cyphere ed
letters were to fent up whou, any previous motion
ne would fill pledge hmieif to avoid this courfe.
But 1t might hapPsh thar Gen. w. had varou, pa
pers to connect the narrative OF his conduct 1t is pro-
bsble that he has ,hofe very papers in his pocket &
would reiort TO them. IL Gen. w has brought ,hefe
with him from N. Orleans, and produces them be-
tore the Grand Jury, Mr.. II. hoped, that gentlemen
would not, therefore, acute him OF breach of
faith:
Mr.. Bot, believed, tina, the A. for the u S. was
incapable OF any thing like breach of rrome but
while be was willing to admit his intelligence and
honor; he would fay without fleming to eaft re-
rroaoh upon character whole head and heart were
interior to none, that gentleman felt nrony bias
which ought 70 be vgantly watched. He was flill
iurprized as the gentlen,ans proceedings bccaufe
the very principle which he (uppors as to the papers
themielvss, would go TO prevent the introduction of
witneies before rhe G. J. Papers he admits are no,
proper to 80 before the Jury; and therefore, if wit
neies are to carry them, they themieves ought not
to go.--f MIR. Hay called before the Iury, he
would produce no papers, but what had pat through
the court. But Mr.. Hay isnot the only prolecutor
III this buiinrfs. There is another equally active
Mr.. Hay admits that this jealous profecutor may
produce his papers before the Jury. IF he merely
,lrIrps For st,a e N
memory, any inaru6on which may &c from the
court, will be perfectly innocent in his effects; But
IL Is polbe that fuch inGruaion May. be neceffl-
ny TO repreis the introduction Of very improper pa
pers which he might hope to convey TO the multi
tude abroad, through the channel of the G. T. There
was a particular reaion to recommend this vigilance
1t was underood that pecies Of plumber of papers
had been permitted; that the Pof- Offices had been
robbed. Should iuch papers which came in this u,an-
ner into the Poiieon of the U. S. be permitted to
be laid before the c. J. without 'previouly pafinp
through the ordeal of the court! Mr.. Bolts here
cited as an authority from 9Th Vol of American Mu-
irum, Judge Grips charge to the C. J.
CT. No afidavits ought to be fent UP ; and no
papers containing diitina fublantive teitmony a.
gainft the accufed Mr.. Hay. am willing to adj
here fubitantially and literally to my ,promife.
know not what papers Gen. Wikinion may choofe
to eHploy. I was with him yeHerday, and faw a
whole Volume OF papers; but it was impohible for
me to know which of them he intended to produce
| 1t gentlemen with to know the objeG of nv Wifi /
will tell them. Mr.. Martin. 1t is urnecenary.-
Nh, Hay. have lad in this court that it was not,
my bufnefs defend Gen. Wikinlon, but the refu,
OF my conversation veerday is, that it is my duty to
defend him and my impreion is, that fail defend
/ an honeh man and patriot. All the fu(piciens
winch had in'bibed from the Mysterious circum-
ttances OF the times, have completely van;ihed and
am now fully imprefed with the convieiisn Of his
| ,f,,ll,. N n
uniued integrity. hall advance up his defence
with the moi perfect fncerity --DSr Martin. I
have no doubt that the gentleman has takena very
good way TO remove his uniavorabe imprsfIons; If
that can be called good one which conias in hear
ing hut one Tide of a caule If he would bur hear
Col. Eurrs tory III the fame way, perhaps his i'm
Prefiions againit him might alto be removed Mr..
sHJ. ibaVe heard his hory from his council, but
they have more hrongy confirmed my opinions.
| Mr. Writ faid that he had looked over rhe All
hority quoted hZ NIr. Botts, and was fats6ed tha,
the papers Referred TO by Judge Grip, were only
pottion0 that it was in fome cafes neceiIary to re-
Tort TO written papers, as tbs very beR testimony /:
tor example; faPPoie that Cen W. faouId care
| that on fush day he received a letter from A.
Burr by the hands of Bollman or Swartwout, might
| he not fay TO the jury Here is the letter I am
ready to read it," Would it not be competent for
a Grand or even = Petit Jury TO hear il Such let
4
and before 4 Petir, end of courie before Grand
Jury they are much proper to be produced
| than any itatenent of their own contents. Again :
iuppoie Gen, w. was to mention the cyphered let
ter: would il not be competent for the Jury or for
the gentlemen on the other fde 20 fay /" Produce
It: we ihal receive its contents :" This remark
evidently ihews that if the objection now fupgened
to papers, extends all, It's perfectly fallacious
and that iomctimes they not Only evidence, but
! the very belt evidence in theulelyes
| Mr. WIekbsm exPatiated at fome length upon this
point. He reminded the court Of the cafe whch han
pened before the highe tribunal in this country, the
Senate OF U. S. where witnefs (Mr Hay,) was for
bid the ule of his papers, even to refreh his memo
| ry.
| M. Hay replied that he knew no, and cared moi,
what they decided; but fthey had decided at all, he
would alert that the very perfons who did TO- knew
that they were deciding contrary TO law.
Mr.. Bots faid, that the Senate had 70 deci-
ded and it was competed ofthe aheft lawyers
from all parts of the union.--lnr. Hay CONTEXT
ed the TACT of decifon.
Mr.. Martin contended, that the court was 10
Judge what evidence was to 20 before the G..
Jury. He cited Danby's cafe where witnefs
gave depoflion under the hstute of w. and
Mary; he prevaricated before the Grand Jury
and they fent for his depofiton. The court
decided they Ihould not have it; becaufe not
proper for them.
Tbr Grief .Jnfiee here delivered the opinion
ut the court; which he reduced TO writing
for the purpofe of laying it before the G.. Jury.
1t went to inftru6t the G.. J. not to inipe6t any
I,.t