Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-06-20
De6Gte on fhe motion for gvrit Of sub.
FoeUG duceS tecEm continued.
THURSDAY, June II, 1907.

Mr.. HAY began with addressing the
court as follows
AM happy the court has recommend
ed to the counsel on both sides to adhere
more strictly to the subjects in debate.
Their edmonton will be followed by me,
and 1 wish they would cause it be followed
by others. | regret indeed that it was not
made somewhat sooner. Perhaps, if it had
been, we might have been spared the pain
OF hearing many remarks as unauthorized
in point Of principle and fact as they are ir-
relevant; remarks which, as public pro-
secutor, as friend OF my country, and a
supporter OF its constitution, government
and laws, heard with surprize and re-
greet, and with sentiment which viii
not name. / viii not initiate this example
OF my opponents, but endeavur To Confine
my observations exclusively TO the questi-
on now in discussion. l am really doubt
ful however, whether should not be de-
parting in some degree from this declara-
ton IN noticing one argument Used by the
gentleman who last spoke, (Mr Wick
ham.) Language SO strange, a charge so
unjust, hope, however, | may be permit
ted to repel
The gentleman with tone of voice call
culated to excite irritation, and intended
for the multitude, charged us with conccd-
ing point after point Re insinuates that
we have been catching at every thing to
bear down the accused that we inconsi-
derately contend Tor any doctrine however
absurd which might have the effect of in
juring him, and afterwards are Obliged to
abandon the ground we have too precipi-
lately taken. ] will ask if any occurrence
has shewn that we are actuated bv this
spirit No, sir. The gentleman knows the
charge is unjust. But even if it had been
true that we had made concessions, it ought
TO have been considered as pHouf of our
candor and liberality, in giving up ground
as soon as we tho't it untenable, * not as a
matter ofreproach. But, sir, 1t is not cor
rect. We have conceded no point that we
ever maintained We admitted that the
/ President might be subpoenaed as wit
ness because we always thought so. We
never clothed him with those attributes of
divinity which gentlemen have accused us
OF ascribing to him. We know the Presi-
dent IS but man, though among the first
OF men he is but citizen, though the first
OF ciuSens. The President too knows that
IKE the great Cato he ought TO pay obedi-
encc to the laws of his country and obey
the commands of its courts of Justice Al
TINS we have uniformly admitted, but have
denied, and deny now that subhoena fu-
ceS tecHni ought to be issued to the Presi-
dent
Mr.. Hay moreover Observed that the oh
lection made the day be ere to the prisous,.'s
right to make the motion in the presentstaqe
the prosecution was not waved and that
III opposing the motion, he was influenced
soiely by desire to keep the accused and
ms counsel within legal limits because he
mad cndeavOred to procure for tt,en, o. q.
very evidence they requestcd-TIe procee-
ded to argue the question upon it's merits.
1t having been admitted that this was
motion addressed only to the discretion Of
the court, it followed that IL ought 70 he
granted only when substantial Justice re-
quiredit; that it is to be granted to a per.
son accused because his defence when pro-
perly conducted requires it. But the ac-
cused himself in this case does not saw
these papers are material in his defence
His affidavit IS drawn with great caution
lie only says that the papers D7av BIZ ma.
terial. This is nothing more than tie
mere expression Of an opinion which NAV
be correct or Incorrect Mr.. Han asked
the counsel for Col. Burr, and more espe-
cially Mr.. Martin, If in the course of their
long experience they had ever known
such an affidavit? Its language is unDre-
cedented, designedly vague, andIeouivocal.
The letter may be material This NAV
depend upon the use intended to be made
OF it. The object Of demanding il may he
TO give his counsel an opportunity tosDeak
as they have done before to charge the
government with illegal and barbarous
persecution, and with cndeavoring tn crush
and oyerwhelm the accused All this NAV