Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-09-09

PSCleo TX ever would be wanted for the
purpose tor which it is now demanded.
Elr Dnnean, Counsellor Of law from ".
Ofieai's) was then sworn as a witness; *
eePSSed that both the copies appeared &c he
IN the hand writing of Mr. Waftcj. Ru7-
ing, who acted as aid-de-calnp ard secra.
tary to Gen FikkYnSca during his expvd;-
tion to the Sabine and tina, he was well
acquainted with that gentleman hand wri<
ing. In addition to this Mr. R0y WAS will
ing to swear, Of require d. that tie origi-
nal letter OF the S1s, of Oct. WAS not i'm his
possession. The President in his return to-
the subpoena duces tecum had declared
that he had desired Mr. Rod,;e:, 70 sei,C. mat
letter to Mr. Hay. Mr. Rodney in his sem
municaton to the latter had said he had
sent all me letters. A large packet Of pa
pers had been sent !; but tlAs (of the 2lst Of
| Oct.) was not found among them.
| The counsel for Col. Burr renncs,cd
time, until the next day, to compare the
copy in question with the pubiic ducu-
menis; to see whether the copy would ans
wer their purpose without requiring the
! original. Time was accordingly granted
/ The Chief Justice asked Mr. pny if
there was any objection TO trying the mis-
! demeanor against Gen. Dayton (? Mr. Eau
said he wished to SO on with the trial now
before the court. Until that trial should
be gone through, he ccu!d not tell whether
| suihcient evidence could he obtained a.
gainst Gen. Dayton, or not /; since he had
never seen the evidence eXh to the
! Grand Jury, and had only taken, from some
OF the witnesses, general notes OF the points
to which their testimony related. He had
no evidence, within his knowledge at pre-
SENT bearing on Gen. Dayton, but his Lett
ter to Gen. Wilkinson.
| The ChicF Justice observed that the
Court would not compel the attorney for
the y. D. To bring on the trial; but he
fought tn consider whether there was anv
Chance ofsuccess in the prosecution; and,
n nc was Coz fident there was no chance,
ought to dismiss it. He mentioned that
Gen. Dayton was admitted to have been in
.VeSc-Jersey; and that no act was done by
him i'll tn state Of Virginia
Mr. Fay said the opinion of counsel
would be regulated by the opinion of the
lccurt as 10 iaqv. If the court were OF opi-
mon that 1t was necessary to prove some
l"ct to have been done by Gen, Dauton
wi'hin the limits of Virginia, he would adj
NIT there was no chance Of convicting him
Ou', IT evidence come citing him with the
persons who performed criminal acts in
this state was admissible, there mi Int be
very probable chance.
he Chtef Justice declared he meant TO
give no opinion on this point; and Should
moi give any in the present stage of the bu-
siness.
The question, about the letter of the 18th
LOT November again rtCurred.
Mr.. Bofss argued that the whole ofeeD.
UtlklnSon'S letter ought to he made public.
1t II contained attacks on public Charac-
lters; and those attacks were supported by
truth; they ought to be made known for
the general good. If, OH the contrary, they
were false and malicious and respectable
Characters had been unjustly injured in the
PRESIDENTS estimation by the denuucistions
Iot gen. HiIkinSon it would be horrible in
justice to shield the accuser, and condemn.
without hearing, thuse who had been att
tacked He commended that sfgfe-Secrfcy
ought not TO be set up, 20 prevent man,
whose liberty is in danger, from having
full means OF defence.
Col. Burr. Ifa man avows that he has
made secret denunciatlcns. he acknow-
lodges his own bascness.
Mr. hay. The objection does not come
from Gen. Wilkinson, but from myself-
aaron Eur hasa right to 50 much OF the
letter as is necessary for his defence and
no more. Ii mas been shewn to your honor
IN private; and you Will perceive that a
! great part Of has no relation TO the de-
isnCe OF the n cused, and cannot, by any
Ii''SS'Dli'tb3 OC II an service To Is
the object only 10 publish TIC letter. to era
ny the malicious desire # occ asioni,g dis
cord between gen H.ik'n8on and other
gentlemen know not that he accused
wishes 1t Ter that purpose but will rot
put t in his power. His Conduct and hat
1f his counsel at present is the same as on
IN tormer occasion. Tney objected vehe-
Hrently To the evidence of J0co6 .4L6rigtf.
| AZ edged variance te,wten his sta.e-
ments the7, and those contained in his sffi-
davjt which had been HreUiouslu I. ken.
and demanded the production OF that afFf.
oavit, Tor the pretended purpose of rrov.
ing MS Inconsistency. " hen ] produced.
anC gave t to them, they rnade no use Of
Iit" believe they would act in the same
manner with respect u this letter; Tor
there is nothing in it that has the most dis
tant bearing on the cause. Two passages.
particularly, have no more connexion with
It than the first chapter of Genesis. He
concluded with positively declaring thar he
would not produce tie whole letter, unless
It should be extortcd by the court 4; and.
ia tic court ruled him to produce if. he
would even 80 10 prison.
Col BHrr said he should not wish IL IN
lcome TO tlit issue.
Mr. HfCkiam observed that. in the
lDut~Ee5s OF hiHgsfon's case, niary delicate
and q, ret traHs ctions were ctfi.-,eIlcd tn
be deVeIoped. Hc insisted that thr Prrsi-
dent OF he Z. s. himself cannot corcen. e.