Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-06-18
Dsba.e on tie notion or a Su5pGna
Laces Iecttm.
Wednesday, Tane 10.
lCoNTLNUED.I

Their 1t was the obiecr OF the gentlemen
TO save or 10 obtain time, though probably
the last; a gentleman seemed very solicit.
GUS to send on a messrnger TO Washington
TO obtain inssroctions directing them hozO
5 10 s.acl but if ,ae saving of time was an
obiso, VIII the court, the course which he
Recommended WAS best calculated to obtain
: H.. Il was shs shortest way 10 resort at
oaee no hat ex2edicns, which must be at
last employed, if the expectations of the
sitorney to. Tie u. S. should turn out TO
be iallacious, and his application al Wash.
Aingtor should prove TO be unavaiing The
clerk himself, if called upon for subpuaas,
must ISSUE them absolutely Il was the
practice and il was the law but instead
Of applying to the clerk. they deemed il
necessary 10 case of such importance, to
make shsir application directly to the court.
They were more wiling 100 TO prefer this
course !; as they did not wish the presence
of the president; but only of certain pa
PETS; and il was not therefore their wish to
obtain commoa subpoena for his person,
but subpoena dtlces fecnm for thosc pa
Pers.
This is the frs, time have heard, since
the declaration Of American independence,
that AZ accused maa is not TO obtain wit.
nesses IN his behalf. What has the gcntie.
man himself done? Are there not witness.
es present, whom he has SUM menrd IN.
der tie an hsfiry Of this court and at bis
own SPECIAL instance? And will he at last
admit, that there is to be no kind Of equa.
li.y between the accused and the proseCu.
iion and ,nat we are TO remale here per.
fec,ly mste and bound hand aud foot, to
wait .h= decision Of his own Witnesses?
But Al what time are we TO be entitled 20
these privileges! At the period of col. BIS.
transporta,ion! That is most unwarrant.
able proceeding there is no such case re
cogaizsd by the constitution and there
fore there could be nothing in that consti.
tu,ien to give US the right of founding any
iudicial proceeding on such step. Blu,
sir, such al illegal transaction entities US 10
sill. more. it enfi.les TO the protection OF
every cisszen in theccuutry as we'll as OF
this cenrr. Suppose that colonel Burr was
now put On his examination would be not
have a RICH, 10 examine any Witnesses. who
were beyond The bar and Of course TO
subpoena every man who would be brought
before you during the term of exawina-
too? This pracsice Is every day pursued
by magistrates. Why 20, ia the present
case?
I,has been said, that there Is nothing in
tbs county 10 justify such al application
that there are no preCedents. Bur | will
quote, sir, another uial, which was similar
in its proceedings, and similar, l,rust, ID
Us resul.s. refer te the cases of Smith
and Ogdrp before the ciscuis cour, of New
York. Subponas were actually taken out
before the trial, for Messrs. Madison and
Dearhoso ADD even the expenses of their
travelling were rendered to them. But the
proceedings did cot even stop here. For
motionfor an attachment was made before
the court, founded upon tha proof of serv.
irg these subreuas; and the proof of of
irred compensation. The argument a,
length closed on this motion fer attachment
But no man doubted the RICH, of the cour,
TO issue subeenas. Theonly question was
whether at that Time an attachment eugh,
TO issue. The court was unanimous abou,
the right of subponas; but on the attach,
meos, they were divided: judge Patterson
being Tor II; and jadge Talmadge against
it.
We are however asked sir, for what pur.
pose do We wish 10 procure this evidence
Ii Is at their option to say whether bill.
shall be laid before the grand jury or not
Granted sir. Il IS in the power of the at
torney tor the United States TO .snd up
his bills or not But should these bills Be
found true and the trial come on, may we
not be ruled TO trial instantfr; aud withou,
the aid OF our Witnesses! But what was