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

points which he should have to settle
The gentle man said Mr.. M. has warm
~ spoken too Of certain Impressions and
even Of our own: but trust that he will
leave it to ourselves to declare our own
impressions it is impossible for tina.
gentleman to search our hearts; and
sure l am that nothing has ever yet fallen
from Us to justify the elevated eulogies
upon the government, which he has been
kind enough to attribute to us.
Mr.. Wfckhdm observed, that Mr.. Hay
had promised the appearance OF these
papers and for what is this subpoena
d"ces tecum required: Not to bring the
president here he is not wanting but
to obtain certain papers, which he has in
his possession. What then is the effect
of this process, but to produce the very
result which Mr.. Hay promises j! As to
the objection that apart of these papers
is confidential, would it not be easy to
make an endorsement on such, as the
president would not wish to go out OF
the eourts Mr.. H's promises, however,
may be unavailing at Washington they
may entertain views very different from
his own. As to the opportunity Of dis
playing talents, nothing would be better
calculated to defeat that object, than for
the attorney for the United States to
give his consent, that process should is 2
sue. 4
Mr.. Hay observed, that he had not
distinctly heard the gentleman; he
thought, however, that he had heard
the word =" consent ;" but hewould as
sure that gentleman that he had not con-
seAted, and never would consent to such
aproposition. =
Mr.. Martin then rose to open the mo-
ton; when some /desultory discussion
ensued upon the ordsr of proceeding.
Mr.. Hay copsended that this question
was premature that the preliminary
question ought frst 70 be settled. whe-
ther colonel burr did stand in such ST.
tnation, as to entitle HIM to make this
motion: II the court pleased, he would
state the grounds on which he himself
denied the exis,ance of such right.
The Chief Justice decided that Mr..
Hay might state his objections. Mr.. H.
then proceeded.
The motion now made by Mr.. Burr,as
Far as he could understand it, was to OBJ
tain subpoena from the court for rather
from the judges sitting there To the pre-
sident of the U. S. to attend this court
with an original letter from general Viii.
kinson to the president of the y. S. and
afterwards referred to by him in his
communication to congress OF January
27th. He contended that this motion
was premature. Colonel Burr was not
authorised by any legal precedents or by
the statutes Of this or any other country,
to demand legal process for obtaining
Witnesses, whilst he remained in his
present situation? He had been commit
ted for misdemeanor, and recognized
to appear before this court: And in: con-
sequence Of this recognizance he is now
present. - The court would recollect
that no bill had been found, that no bill
had been sent up to the grand jury. And
all that can be said is that colonel BUR- is
present from a previous recognizance for
a misdemeanor in this situation col. b.
applies to the court for compulsory pro-
cess or rather q subpoena Duces ,Tscun
to the president of the United States
commanding him to attend with certain
papers that ifhe does not attend, orthe
papers are not produced, the court may
then issue an attachment against him.
Now l contend said Mr.. II. that no 10.
diyidualsharged with crime has any
right 70 legal process until the grand ju-
ry have found bill, and the prosecutor
hal announced his intention to proceed.
Gentlemen will please to point out in the
constitution, in the laws Of congress or
in the common law, the smallest right
for making this motion---They within
vain search for precedent in the vari-
Gus and complicated materials of the
common law. The acts Of congress sup.
ply them withno authority, and there is
nothing in the constitution, which in the
la>st relates to this snhieef exrent the