The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-13


October, 1906, as mentioned in the Prefdent's Mef.
fage OF the 22nd January, 1907, to both Houies
OF Congress, together with the document, accom-
panyins the fame letter. and cosy Of the anfwcr of
laid Thomas Jenerfon, or of any one by his authority
to the fad letter, ay be atera in his defence in the
proieeution asanft hin-and further, that he hath
reaon to believe the military and naval orders given
BY the Preiident of the United States, through the
departments OF war and Of the navy, to the officers
OF the army and navy, at or near the New Orleans
ttation, touching concerning the fad Burr or his
property, will alto be material in his defence
+. AARON BURR.
Ssusyn to in seer Court q
+ TIE lofb June, 1907. .
w. MARsEALL, ca.
This affidavit being read,
Mr.. Hay begged leave To notice ia the court
and the oppofte council, that in conformity to
the intimation which he had yeferday given,
ne had addreiied letter TO the Prelident; men.
tioning the motion which was to be made
thia day, and fuggeRing the propriety Ct fend-
ing on the papers required, but referring to
himiclf the right of keeping thefe papefs by
him, until the court fhould fee and determine
THEN materiality. He hoped that in days at
ieatfhe papers would be in his poffeffian he
fhoud however ohjeGt to the affidavit produced,
and even to the right of Col. Burr TO make any
iuch motions at the prefent time. That this
was preliminary queaion, which he would
with to be hrtt determined whether any man
fanding in Col. BIS iitution had right to
make fuch motioI.-The fact was, If thefe
papers fhould ever come to hand, they would
never go out of the hands of the court ; for he
was iaiisHed that they could not be material in
tbs prefent cafe, from the fubftance of one of
iNeie very papers, which was already in his
poiieihon.. He wuhed not to waite the time of
the court there were however fevcraI preiin,i.
I nary points which he fhodfd DE Obliged to fub-
nit to their confederation and before this diff
euinon could be ended, the papers would be
! hers. He confelied that he was extremely nm.
wiling TO enter into any dfcufiion on thefe
papers. Gentlemen might take it for granted,
lif tRey pleafed, that he felt diiinclination to
furnfh them with thefe papers; there was none
tuch: Theie gentlemen ought themfelyes to
/, have applied for them : for he was fatisfied
from the character ofthe government, that every
ineceilary paper would have been cbeerfully
tuppled be had no doubt the court and even
the oppoiite c5unfcI, would individually ac
quieice in the fame opinion. He trufted that
the prefent motion was not made to lhow the
talents of gentlemen; he affured them, that if
gen. w. thould come, they would enjoy fuch
fPlendid opportunity to their hearts con-
tent he intended to caft no reflections upon
the council perfonalIy but requefted them
once more TO deliberate upon his proportions.
| Mr.. Martin would allure the gentleman that
there was no need for further deliberation. 1t
is ltraDge that this gentleman fhould 70 much
complain of the confumpton of time, at the
very moment when he fpealls of the long period
which he fhould require for this difcuff!oa, and
the great many preliminary points which he
mould have TO fettle. The gentleman faid
Mr. M. has warmly fPoken too of certain i'm
preiiions and even of our own: But | truf
that he will leave it to ourfelves TO declare our
own inaprefhons: 1t isimpolible for that gen
tleman to fearch our hearts and fure i am
that nothing has ever yet fallen from us to iuf-
try the elevated enlogies upon the government,
winch he has been KIND enough to attribute to
US.
MIR. WiekSam obferved, that Mr. Hay had
promiied the appearance of thefe papers; and
TOR what is this fubpGna Daees Teeunzre CURED.
not to bring the Preiident here; he is not
wanting but to obtain certain papers, which
he has in his pofriiion. What then is the ef-
feet of this procefs, hut to produce the very
reiult whieh Mr.. Hay pfomifes AS to the OBJ
lection that part of thefe papers is coBsden--
tial, would it not be eafy to make an endorfe-
ment on fuch, as the Prefident would not with
to go out of the court Mr.. HIS promifes,
however, may be unavaiiing at Warrington
they may entertain views very different from
his own.--As to the opportunity of Displaying
talents, nothing would be better calculated to
defeat that Object, than for the attorney for
the U. States to give his content, that proceis
fllould ifIue.
Mr.. Hay obferved, that he had rot diftins1Iy
heard the gentleman He thought, however,
that he had heard the word So content :" but
be would allure that gentleman that he had not
confented, and never would content to fuch. a
ProPolition. ~
Mr.. Martin then rofe to open the motion j
when fome defultory dilcnf1ion enfued upon
the order of proceeding. Mr.. Hay contended
that this queftion was premature that the
preliminary queftion ought frft to be fstted,
whether COL Burr did ftand in fuch fftua-
alton, as to enttle him to make this motion
Ifthe court pleafed, he would Fate the grounds
on which he himfslf denied the exiaence of
iuch right.
TIE Cbigf Ja)Riee decided that Mr.. fIsy
might Rate bis objections. Mr.. II. then pro-
ceeded.
The motion now made by Mr.. Burr, as far
as he could underRaDd it, was TO obtain fub-
pesoa from tbecourt Tor rather from the Judges
lifting there) to the Prefident Of the u. States
to attend THIS court With an original letter from
General w. to the Pre6dent of the o.. States.
aud Afterwards referred to by HMM his COM
municatiou to Gongrefs of January 9th. He
coutende1 that this motion was premature.
Col 3. was not authorized by any legal pre-.
cedents or BY the tatutcs Of this or any other
country, to demand legal procefs for obtaining
wltneiiss, whiIa he remained in his prefent |
iituatioo. What was that fituation He had
been committed for a misdemeanor, and recoe-
nizsd 10 appear before this court; Aad IN