Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-06-13

I'OoiliOu NhiN WI. lay OChlCo tllslt |
the President could be summoned as
4 witness in any case; but the Chiei |
Justice having informed him that Mr..
Hay did not contend for such q doc
trine, but only that he could not be
summoned to produce the papers re
quested; he acknowledged he had
misunderstood that gentleman and
proceeded to argue that those papers
ought to be produced.
With respect to Wilkinson's letter
to the President, he said it was wan
ted to confront him in case he should
be introduced as witness, and to
shew that he had given contradictory
statements 1t different times concern
ing Col. Burr's transactions THAT the
affidavit fled by Col. Burr in support
OF his motion was sufficient together
With the opinion of his counsel, that
the letter was material to authorize
him to demand its production. AS
to the orders which the President had
issued he admitted that they might
have applied fer copies Of those OIL
cial copies, and THAI every citizen had
a right to demand them without APP
plying for writ Of subpoena duces
tecum; but that the Secretary of the
Navy Che presumed by the Presi,
dents direclions,) had refused those
for which he had been applied to, and
the other Secretaries would probably
act In the same manner. The pro-
cess desired was therefore necessary
to obtain them. The object for which
they were wanting he candidly stated
10 be to shcw thar those orders we're iHegGl,
unconstitutional, crt;!rary ard ot:1src88ive !;
fhas c.. Burr had ign. 10 resist then, :;
odd thaf tie drmed GssembiGge of men I'M.
| de- ms commGna, (D such an dsSena6lacc
eyer eT'Sfed zvas oaiy for huho8cs Of
seB dcftnce ana resistance 70 ottreSSion
dfr. Karin farther stated that the
opposition of the counsel for the u.
States to this motion would leave an
impression on the public mind that
the President would be sorry if Col.
burr should prove to be innocent, be-
cause he had in his address to Con-
grcss preiudged and declared him
guilty; that he had denounced him
as traitor, had let loose against him
the bloodhounds of persecution, and
hunted him into the tolls; that the
! President had himself occasioned all
the clamor against him, and ought
not to be permitted to withhold any
papers which might vindicate a citi.
zen whose life was in danger; that,
ii ne did withhold them, and Colonel
Burr should be condemned, he would
be a murderer, and so recorded in the
register above.
He insisted that the circumstance
that Wiikinson's letter to the Presi-
dent was confidential could not pre-
vent Its being disclosed as evidence
IN criminal prosecution. He cited
the Duchess of Kingston's case, and
M'Nally on evidence, p. 239, in sup
port Of this doctrine and laid it down
as general rule that no secrets but
those communicated professionally to
an attorney could DE lawfully kept on
an occasion OF this nature. If there
mad been verbal communication to
the President, he could have been
compelled to reveal it in giving in his
testimony as a witness if so, why
should he not produce this letter?
He said that he doubted whether
the testimony of General Wilkinson
would be correct; that he had alrea-
dy violated his oath to support the
constitution, and was Interested to es-
tabish the guilt of Burr TO excuse
himself. 1t was therefore peculiarly
necessary to confront him with his
letter.
Mr.. Martin also observed that any
inconvenience which might attend the
production of these papers ought to
be disregarded because the law gave
Col. Burr right to demand them.
But, in fact, there would be no incon-
venieuce. They did not want the
personal attendance of the President:
he might comply with the subpoena
by sending the original letter, and the
copies required.
MFR. MRde in answer to Mr.. Mar.
tin, regretted that he had used such
Incorporate language, and wandered
so much from the subject; observing
Il