Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-09-12
return, which We give ia this days pa.

return, which We give ia this days pa.
per.
On this return an animated debate en-.
sued. Mr.. Bolts and Mr.. Wickham spoke
on the side Of col. Burr /; MI. MsRea aud
Mr.. Writ on the side Of the prosecution.
Col. Burr also addressed afew observations
to the court.
The COUNSEL for col. Burr commended
that it belonged TO the accused and his
counsel exclusively to judge whether the
zsMole letter would be necessary for the dc.
fence or not; that neither the counsel for
the u. S. nor the judge himself could in
secret, without arguments, or a knowledge
of the points on which they mean, to place
the defence Of their client, say whether
shose parts which were deemed con6den
hal, would or would pot have an important
bearing on the cause ; tha. if certain cha
Iacters had been calumniated, the authors
of that calumny Ought be exposed; tina.
If the denunciaiions OF general Wilkinson
were Just ADD meriled, it was an act OF
justice TO give TO him the laurels which he
deserved; that however necessary state
secrecy might be in diplomatic affairs, YET
in domestic maslersit was detestable, be-
cause it might furnish pretex,s 10 men ia
power to work The destruction of any per.
son obnoxious to them. without giving
them an opportunity of justifyiDg ,hsm-
selves. They believed these parts OF the
letter which related to the characters Of
individuals of the utmost importance TO
their client; and that the other parts were
really u%uiraportant.
The counsel fof the u. S. referred to
the form Of the /. Gdasis filed by col, Burr,
in which he states. that the letter may be
of importance TO him as a matter OF evi.
dence /; that no particular ground was stat.
ed why the lesser would be material. and i,
was impossible in such a case 10 detect
the person making the affidavit. because
there was no point to which it was direct
ed; lhatif a person might capriciously by
a vague affidavit Of this KIDD, exsors evi.
dence, no mans private papers would be
sacred ; tina. the most confidential papers
IN his possession might be extracted from
his desk, under a pre,ext that they ntght6e
.e-ssen,ia. for lac purposes of justice; that
even admitting the passages proposed tobe
withheld from public view, were really i'm.
portant as it respected the pe:3ons alluded
20, yet they were Of 60 importance 70 col.
Burr, nor could they form any part of his,
d~efenee ; thai the president having cop6d.
ed to the attorney tor the y. S. al exer
else OF his discretion as 10 those parts OF
the letter which were of a confidential ma
ture, and which ought not to be disclosed /;
the attorney ought, IS to this subjecs. to be
regarded as the president; TIA, whether
the public good requires the Withholding of
any communications made to the presi.
dent, il was for him alone 10 decide that
this was not a mere question ct delicacy,
but Of sound policy which may affect the
whole country /; and that a decision of this
question which goesIo the length contend.
ed for, TIA. the president may be compel.
ed to disclose all communications made to
him Of reasonable machinations carrying.
on against the government, would tend,o
suppress Information which the governments,
had a right TO expect, and on which its ve-t
~ existence might depend. The case OF
Marbury Us. Madison was referred 70, in
which the supreme cour, had decided tina.
the presiden. was not bound to disclose
communications made to him in his of6ci..
al character.
u the course OF the argument col. Burr
rose. he said, TO correct an error which
seemed to have peryaded the counsel on
both sides. II had not been adverted to
as it surely ought. that the president of tbs.
u. S. by being president was not dives5ed.
Of the, charaet ter Of an Individual. AS pre-.
siGent there were certain official channels
through which all communications wereto
be made TO him ; these were his ministers.
Any letter addressed TO the president, not
,krovph those channels. was not official.