Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-06-17

United States, continued.
TiiE. commencement OF Mr.. Bots !
speech IN answer TO that of Nh. ~ Rae |
was not heard BY the reporters.
10 shew that the papers in question
ovsht not TO DC withheld, he mentioned
that fees are allowed by act of Congress to
certain officers in each OF tSe public de-
rartments for copies OF official papers.
He contended that the doctrines of hte-
secrecy aid policy, did not apply to this
case; that there could be no immunities OF
state which could authorize the President
OF the United States TO refuse 70 furnish d.
ny evidence in his possession which might
be necessary for the defence of an indivi-
dual whose life was in danger.
Can any innocent purpose, SAID Mr..
B0.tS, be subNervel by the Presidents
Withholding the documents demanded
And will the counsel malign him by i'm
pu ing TO him n gully one ? If secrecy
was once requisite; at time when the
supposed conspiracy was progressing that
necessity has now ceased : and, as to state
policy, 1t cannot be known to exist unless
It be proved. State-po!icy III England has
done great deal of mischief; It has often
sheltered wicked and corrupt ministers
from the punishment due TO their crimes:
yet even there (where the principles of IL
berty are not understood so well as In tins
country in Sir Home PoDham's trial, Lord
Ne ,viiiC, Pre- sident o. the Roard OF Admi-
rally, was compelled TO appear and give evil
dcnce concerning the instructions he had
given him.
do not dispute the hoHcy Of the gen.
tlemcn in keeping hidden evidence which
Ut known III ume) we might refutc but
such testimony as we think material in our
defence, we are, at any rate, entitled tc.
but the gentlemen have made conces-
sion of great libcrality They say they are
willing t.!at the President may be sum-
moLel to attend but not to give evil
dence when he does attend not to disclose
any thing but what he himself condescend
TO make known. The President may be,
and no doubt, is very great man; but
while his policy is so completely hidden
from Ia, the counsel for the prosecution
must pardon us il we cannot consent to
pin cur faith on lis sleeve, and choose ra-
ther to bctakc ourselves to our legal rights.
The opinion given by Judge Chase on
the trial OF Cooper was reprobated by the
principles Of those gentlemen who now pro-
secute for The United States; and vet
they now wish to avail themselves Of that
authority. congratulate them upon their
derclicton of the old popular opinions
which prevailed at the time of Chase's
trial.
Mr.. lNRae observed that Mr.. Bolts had
misrepresented the object for which he
had introduced the opinion of Judge Chase
that he had not pretended to use it rs au-
thority; but, or the contrary, had express
ly declared that he scorned to avail him
self OF it.
Mr.. Wfckham said that Judge Chase's
opinion pronounced in the case of Cooper
rHHsa L. 4. 1 T..
that the President could not be summoned
as "A witness, but that he ought not to be
summoned to give evidence against him
self.
Mr.. Bolts proceeded to say that even
that qualified opinion of Judge Chase had
been rcprobated by the gentlemen but
now, they shelter themselves under it in
effect.
As to the argument that copy of Gen.
Wilkinson's letter will be sufficient: sup
pose, said MIR. Bolts, Gen. Wilkinson should
swear to one thing and the copy Of his
letter should say another, would you
condemned him upon the Presidents Ger
tihcate merely that the paper produced
contained true copy of letter from
him?
lie concluded with Observing, elf q time
shall ever arrive when person shall stand
accused OF a crime of the highest nature
of crime by which his life is endangered
If part OF the testimony shall be conceal
ed 10y those who administer the govern.
ment, and no policy of state requires it
and yet the court does not compel it to be
produced to screen the devoted victim
lt VIII be disastrous time for our coun-
try
M. Ufrt in opposition to the motion de-
hyered very eloquent speech, of which
It's with greatregret that we furnish only
an aoridgement at present.
lie declared the counsel for the prose-
cution did not deny that a subpoena AT fes-
ffccH7Hm may be issued 70 summon the
President Of the United States 10 pive evil
dcnce, as wen as to summon any other CT
tizen but writ Of subpoena duces tcrH1i
to compel him to produce certain pa
ptrs Is different thing. The former is
matter OF right, and may be demanded Of
the clerk without an order Of court the
latter IS granted only by the court and ac-
GoFojhg TO principles Of sound discretion.
liz should IN the FIRST place undertake 10
demonstrate The Correctness of this uositi- (
on, and secondly, that the materialitv If
inc papers demanded ought TO appear IN
mlWce the court TO grant the WTit--TTc
VS. proceeding to support the first pojnt.
VIZ that 'his vase question addressed
discretion oithe court and nota ouesficn or
nights when MIR. Wickham said that III