Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-06-20

4
the President, the public good forbade to
be disclosed. But he denied that the let
ter was public paper merely because adj
dressed TO the President ofthe United States.
1t had been observed that the President had
made 1t SO by referring to it in his message,
to Congress. II this argument is correct,
only SO much is public as is referreI
to. (Eiere Mr.. Hay read a part of the pre-
| sident's communication To CongressN re
contended that there might have been a
great deal more in that letter than what
related to the discovery of Burr's plans.
that there might have been information of
a private nature, accounts of the tiispositi-
on OF the people in the Western Country
towards the government, and (irn N.iIkjn.
! sons thoughts OH many important Subjects.
| Will the court say that all these tbinpe
shall be made known? If copy was re-
ceived, such parts only could he extracted
as ought to be made: bnt If the original
should be granted, the whole would be seen
ana inspected by the court, bv the. counsel
on both sides, III by the public. Re said
that the court ought also to be satisfied that
the President has the custody of this letter.
he subpoena ought to be addressed TO the
person who has 1t in his custody. 1t is said
to be public document: if so, it is in the
once OF the Secretary ofState (see L. u. S.
N IS ABSURD tnen as well as indecorous
t"sunmon the President ofthc United States
10 orihg paper which he has not. The
same observations applied to the copies of
orders The original orders were LODGED
with the Secretary of State, and comics
were sent by him TO the Secretaries of
war, and of the Navy. To the Secretary
oil state, therefore, the subpoena ought TO
be issued, if at all
ne court ought also to be satisfied that
the rarity could not obtain without a mott
on, the copies of the orders now required.
l he accused ought therefore to shew that
ne has demanded copies: but he has mot
done So He asked indeed, a CODY from
inc secretary OF the Navy; and because
ne refused, process is to be issued against
the President of the United States, though
he was never applied to-
| me chief JuSt.c e asked Mr. Hav what
was the legal way of getting the paper
Miiich the secretary ofthe Navy refused?
ne answered, "by application to the Sc
cretary of State fer copies"
Mr.. Hay made many other observations
which the limits of this sketch Will not Der-
init us to insert In opposition to the arr
gument that Gen. Wilkinson TAight deny
any recollection of his letter if copy only
/ was produced, he said it was mere pre-
sumption and preposternus supposition
mat 1t would be immaterial whether he
aenIed 1t or not, since the copy is evidence
! by the act of Congress Ee indicated Gen.
Wilkinson from the attacks which were
Wantoniy made upon him, saying it was
the pohcy OF Col Burr and his counsel to
endeaVor to tear down his character be-
1ore ne arrived, and that every principle
OF propriety was violated by such conduct.
lie asked if it was right that a man high in
the confidence Of government and of his
country, should be thus attacked and de-
ciared he should be sorry for the charac-
! ter OF ms fellow citizcns ifthe abuse lavish
ed on him by the accused should have the
slightest effect on the event OF the trial
Mr.. Af'Rae said it was plainly to be in
ferred from the Presidents MESSAGE 70
Congress, that the letter in question was
confidential. 1t appears that the Presi-
sident furnished extracts of some of the
letters he received relative to Col. Burr.
HIS not furnishing Congress with a copy of
ms or OF any part of it is presumptivc
! evidence that 1t ought not &c be made public.
Mr.. Randoph,-Mav it please vo,,,.
honors-To the observations Shall make.
( nave no preface or apology. ! beg leave
( 10 appropriate to argument tile time
winch falls TO my lot in the discussion of
the present motion. / did not believe
sir, that to day there would have been
a resurrection of the discussion which
! tcok place Yesterday; but since the at
torney on the part of the prosecution has
/ thought proper to introduce il, shall not
shrink from it but meet it. Imake moan
peal to the multitude, it is not nv desire
TO excite the sympathy or rouse irnproper-
( ~ the feelings of the bv-standcrs. ! shall
simply state the proposition. WHY is Col.
burr not entitled TO ask the court 70 issue
a subpoena for the production of those pa
pers is Col Burr not now before the
court Is he not here upon his recopni-
zance Has lie not been here a conside-
Iable time on the tinter hook of expectati-
on, that when General Wilkinson, that
! great accomplished of all things arrives.
that an Indictment will be preferred q,
gainst him But has he ON that account
resigned the rights Of defence ? Is he to
be tongue tied and hands tied without the
privilege of defending himself? lie cam
not be properly defended without the pro-
duction OF these papers, and on that ac.
count he now demands the nterposition If
the court but say the counsel for the pro-
/ Secutlon, he is not entitled 20 this privilege
! until the grand jury find true bin and an
Indictment is preferred. WHY did we net
! near this objection when the grand inv
. aHarH IL.