Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-07-03

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P nterson being for it; and judge Tai.
madge against It.
We are however asked sir, for what
purpose do We wish to procure this evi.
dence 1t is at their opinion 70 say whe.
Their bills shall be laid before the grand
jury or not. Granted sir. 1t is in the
power of the attorney for the United
States to send up his bills or not. But
should these bills be found true and the
trial come on, may We not be ruled to
trial instanter End without the aid of
our Witnesses But what was done
the other day may be hereafter repeated.
Witnesses were introduced on the part
Of the United States and others perhaps
would have been on the motion for a
commitment. This motion is for the
present only suspended. Buff that be
the case, may not the testimony now
required be relevant to our defence :
The attorney for the United States rri>
umPhantly declares, that we must do a.
he Pleases and that we do not know
what he intends to do. That il true
sir, but may MOTIVE too do something !
May not col. b. move for his discharge!
As he is to remain here until the court
pleases to discharge him. May he not
move for his recognizance to be dis.
charged : Have we no right also to all
the means, which are necessary to the
fair administration Of justice ~-
-" Ne time Is stipulated for the return
ofthe sibpGnas" This is great difieul.
ty indeed! Il will be admitted, then,
that the court has right to issue a sub.
pena; and yet because there happens to
be no particular provision about the day,
this right must be necessarily null. But,
sir, is this objection really justified By
practice Has not the court q right to
FIX day for the return of processes of
this sort /; according to their own CON.
venience or the convenience of par.
ties
But why have we not applied for these
documents sooner Yes, sir, it is ask.
ed Ut US, why we have not made this an.
Pi'eation sooner ; aud yet even now does
the gentle man wish to delay it. He de.
ctared that we have made it too soon
and yet he now declares that we have
made too tate. Now; it cannot sd
both: lift be too late, it certainly canno,
be too soon.
we have heard some remarks upon
col burr's privileges and among others.
upon the four counsrllors who ae. to de.
lend hum. But what kind of an arru.
ment IS this! If we turn to the laws of
congress-, we shall find there is one at.
torney tor the U. appropriated to each
district and yet there are. no less than
three counsellors employed on the pre-.
sent occasion. No doubt there is law
providing for the payment of the two
others out OF the treasury but with
what proPriety can these gentle me n com.
plain OF my client making such arrange.
ments, as may suit his convenience or
MS Interest! But what are all these re-
marks to the subpoena duces tecum : Sir.
t IS useless to multiply arguments on
his subject. Its a settled rule, since
he antiens time of king John, since the
ormariOn Of magma harta itself, that
he accused has right to Subpoena wit.
'esses and not only to any other form.
but to subpoena dEess teeaias, under such
as the court may please to
prescribe. - = =. -
Mr.. Martin read an extract from III.
: p: OF Smith and Ogden in New.York, |
bout the issuing Of an attachment.
Mr.. Hay asserted that this extract did
.ot prove the position eontended thar
here was no case ola subpuna's having |
'een issued, before the Rndinr of an |
that if the clerk had ever !
ssned them, Il was 4 mere erasuitous |
'ee and that he challenged the euper;. |
:need gentleman from: Maryland 70 |
lite a single instance Of an application to |
court tor subPenas, before the finding |
# the bills. s
Mr.. Martin replied, that if there were |
70 preeedsnts on this very point, Il was |
.eeaose the objection was never made he. |
ore and he hoped never would he mad. |