The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-23

reh,, anil the pr;i,n.r rngh, have demanded it roin
the clerk wi,hopt the Intervention, of The court bu,
here is n,otiun Tor 'abro-ua ssf tcsrss, to eops.
the P,sti.rt prad, ssrran papers OF Rate, the
,,,atvriAlity Of whichis nor hewn.
fall contend 6rG, Fir, that the f15taaI &rees
.us is rot procsis Of right tnat the motion for
il, is motion aadreifed to the diferetion OF the
court; and that the court may award or withhold
it they fee ft. @
IN the next Mace fall contend that this difere-
ton of the court houd be oOntrouled and deternii-
ed only by the relevancy and nateralty of the pa
pers required.
Aud, thirdly, tina, in the prefent inhanee, the re-
Ievancy and materially of the papers required, is 10
far from being fhewn, that from, every thing which
appears they both imma,erial, and entirely ire
levant.
fhail proceed to fhsw in the fri place that the
Eteaa duSes feenas is proeeis of right; but that
the application for it, is addreied merely the ti
cretion OF the court. s.
Mr.. Wiskbam That is admitted, fir: we admit
that application the found diicretion OF the
court.
Mr.. HTrf. Z thank you for the adrniflion, Fir,
you have relieved me from the vnpeerilary trouble
OF 70 much of my argument. IL being conceded
then that this is application to the diieretion OF
che court the quettion naturally preftn,s fef, by
what circumstances fhould that di.cretion be con-
troules and determined Shouldit be by the mere
with OF the prifoner! If 70, it is in vain that the
court pofIeGcs any difereson on the fubjea: the
only dcretcn exercfed about it, IS, the dhere'ion
os the priioner, he has bur ak and have and by
lis mere with he changes this from aproceis flowing
from the dilcretion of the court, into proeeis of
abfoute right-Coniide this ide and bold doctrine
OH the ground OF exp-diency :--would you iummou
any private individual from the remoteh part oil
the United States, 20 produce paper on the mere
with Of the priionei without Lis defining the paper
and Chewing how i,bore upon his defence II you
would, you put the puripts and lhepeace 9f every
in6ividuaiin the United States the mercy otthe
priioners caprices and refentmsnts. This argument
from Inconvenience nilunes attitude OF the mon
awfn! and alarming importance, when you extend IT
90 cafe like this before the court priioner fe-
d,ri has any cordial amty for the government By
which he is ecu,ed for crime. The truth that
he feels huife!f in Il Rate of war with that covers
ment; aud the defperate hisca!e, the more ar
dent will he his fprit of revenge. Would you expo!s
the Offices of Gate be ravaged at the pleaiurf
OF pyifuner7 Who, if he feels that ne muit fall,
wouli pant fer nothing ANTIQUITY than &c to
grace his fall and make his ruin glorious" by drap-
cling down with him, the bright and Splendid ed-
flee of the government Sir, If Aaron Burr has the
right at his mere with, 90 call paper from the
government, he has the fame right call any other
and TO, after another, might divuige and pro-
Claim to the world, every document and iecret Of
fate however delicate our foreign relations might
be, and however runous the difcio'ure the honor
and PROPERTY of the country 'fheip, fir, are to-
pics offered to the dcreton Of the Il IS
,ainy much 30 be wifhed that rule could be devf-
ed, which while hou.d protea the rights of the pr-
foner, fhnuld alto protect the public Offices from
being wantonly and unnsseDa~Hy violated. think
there is iuch rule it is thistle is by requiring
,fas the prifoner who calls for paper fhould thew
that the paper applies TO his cafe and is reque for
his defence. When he Glal have dore this hold
.hat he Will be entitled call for any paper .--lt
will then ref with the Preident of the U. S. the
eTicer appointed by the people, 20 watch over the
national iafety FAY whether that fafety will be
endangered BY dvuigug the paper. Surely, fir, iuf
rice to the prloier requires more than that he
hould poilefs fIch papers material for his de
fence; and viii the require that he fhoud
fhev that matrriaiity before they give way his
call if they doi, If they fay thar it is enough for
the prifoner q win paper, to have 1t they put
fiemfelves well as the CHIEF nagittrate of the u
MON in danger of becoming the mniaers of the
prifoners whim, or malice and refentment. By "a
dopting the rule which have proPofed, they avoid
tllefe cenfeeuencvs and do all rhat uitioe requires
for the prifoner.
When this fubles was srh mentioned, il was fad
by one OF ycur honors that it is uuai TO award the
}ukraa SaeeI the mere motion OF the party
unfuppor,ed by any affidavit to the purpofe for
which the PAPER required This is true fir /;
fuch an affidavit Is generally required; hut why
is It becaule the relevancy and nssteriality Of
the paper admitted by the adverle council,
papable from the nature 81 the itue and OF the paper
required. The docket, for example, prefen,s the
cafe of writ Of right action of ejectment: the
NJ the action, news thar the title of land is
queh of the parties for jv6bara dpers
directed the clerk of another court, and re-
GuriGg him 20 bring up deed a will which form,
link 10 the chain OF his title. The adverfe counfe
II he ne prefeu admits by his flence the proprietv
Of the morton if his flsuee has ret that effect
the nature Of the iGue aud Of the paper required
5aews the relevancy and materially of the
latter. Hence it has happened, tha, thefe motions
are musliy unupPortsd by affidavit Bus is this the
Gale here the relevancy and naterialy of the pa
Ters called for, adn,itte by us--are tfatre
1evaney and n,aerality paipable from rho nature of
t'ie i'oDts in ifus and the papers required Let us
Sc il theyb be- The two charges againh The rriion-
or fri Of High 'rreaion and iecoHdly, r1iide.
Tcanor, in ettieg or foot expedition egaipff the
territories OF nation with yhon we are az peace :;
for tie psrpoie Of his defence lie fays he wants let
Ter from General Wilinlon the PreGdent; which
letter contains declaration of his guilt and alto GER
Iain orders from the department. of war, which he
tays directed the burning AID dcAru,;on Of hinielf
lis beabLe and his properly Now, fir, what poible
tendency either of tlefe paper have to aceu;t
the ;riIouer of the treafon the mifdeneanor As
40 The orders which have been dcni ed as being 90
fauguinsry and daro'ic. affirm With tie power Of
proef TO frpport ME, thar fuch orders never were
Eivsn: Though if it be true, tIat Aaron Burr lad
placed hiuafelf in la'e of with his country
ainiing blow the vals of oar government *