Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-06-17

Sic for that gentleman 10 search CIR hearts;
and sure am that. nothing has ever yet
fallen from US TO justify the elevated sulo'
gies spap the government, which ne mas
been kind enough 70 attribuit g Us.
Mr.. W;ckham observed, that Mr.. Hay
had promised the appearance OF these pa.
pers; and for what's this subpsoa dltces
tscz1ns required? Motto bring the presidea,
here: he is not wsnspe = but 10 obtain
certain papers. which he has 10 his posses
sion. What then is The effect Of this pro.
cess, bur 20 produce The very result which
Mr.. Hay promises? As.o the objection
that part Of these papers is confidential,
would it not be easy TO make al Endorsement
on such, as the president would not wish
TO go out Of the conr. Mr.. HIS. promis.
es, however, may be unayailing at Wash
irgton they may entertain views very dif.
frrcnt from his own. As TO the opportu.
nifty of displaying talents, nothing would
be better calculated to defeat thas object,
than for the attorney for the United States
togiye his consent, that process should is.
sue.
Mr-,Hoy observed, that he had not dis.
timely heard the gentleman /; he thought,
however, that he had heard the word
consent;" but he would assure that gen.
tlemao shathe had no. consented, and ne.
YER wosld consent TO such . proposition.
Mr.. 1Nerfin then rose to opcn the mo.
ton; when some desnltory discussion en-.
sued upon the order OF proceeding. MIR.
Hay commended that this question was pre-.
masuse thar the preliminary question ought
frat to be settled. whether colonel Burr did
stand in such situation, as TO entitle him
to make this motion: If the court pleased,
he would s,ase the grounds on which h:
himself denied the existence OF ssch
xighs.
The Chief Justice decided thu. Mr.. Hay
might state his objections. Mr.. H. thea
proceeded.
The motion now made by Mr.. Burr, as
far as he coald understand Il, was to ob;ain
a subpoena from the court Tor her from
the judges sitting ,here) TO the president of
the u S. TO atscnd This couY, with an orig.
nsl Letter from general Wilkinson 60 toe
president af tbs United Sta.es, and ST
forwards referred 20 by him in his com
munication 20 congress Of January 27,h.--
He commended that this motion was pre-.
mature, Colonel Burr mas not az hovis
ed by any legal presidents ar by the s,a.
tu'es Of this or any other country, 10 de,
inand lega! psocess for Obtaining Witnesses.
whilst he remained in his present stuatlon.
What was lhat si:uatlor? He had beec
committed for misdemeanor, aud ,eeog.
nizedso appear fore this court: And Ia !
consequence of this fecognizapce he Is
now present. The court would recolleo;
tina, no oil had been foand, shatno bill
had been sent up TO she grand iary. And
all that can be said is that eclouel Burr
is presen, from previous recegnizance Ter
mlsdemeanar; in this situasion col Is. sc.
plies TO the Court for compulsory process
or raikera subpoena Duces I,scum to the 1
presidsn, OK shs Uni,ed S;asss command.
ing him 10 attend with sefsaia papers /;
that Ifke does au. attend, or The papers are
notproduced, the eoer, may then ISSUE an
attachment, egainss him. Now / coa,enu 1
said Mr.. II thar no Individual charged
swiiha crime has any right.o legal process
until the grand jury have fsued a bill.
aud 'hx prosecutor has announced his 10
tcutlon TO proceed. Gentemea will please
to point out in the constitution, in ths
laws OF congress or in he common law, the
smallest right for making this mosen-
They will in vain search fora precedeu, il
the various and complicated materials OF
the common law. The acts Of congress
supply than with no authority, and there
is nothiRg in theconsiiiusioa, which in the
least relates to this subject; excep. thu
8sh amendment which most sbvisusly re.
fcrs TO very different stage OF The prose. 1