Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-06-17

IL only remained for MIN 70 .hew that the
papers for which the writ is to be issued J
ought to appear TO he material, and that
Col. Burr's affidavit, did not sufficiently
state the materiality OF those demanded by
him.
grant said Mr. HTr:, that it is not the usu-
al practice 20 demand affidavit from the Uer-
son who makes a morton FOR writ Of subpoena
duces tecum bu: the reason IS. that the ma,c,i |
ATTY OF the papers TO procure which il 10 reqrel-
tel IL generally evident; tor example, when an |
.5ina' deed, which is necessary 10 trace IT,
tic 10 lands in action in which lha, tile is |
brought IN question, origiGa. bond en- which |
All action is founded, is to be Obtained fror, the
records of court. In such cases, the utility OF
snch documents TO the party moving Cor them is !
apparent without the necessity OF ia affidavit !
bur where such utiiiy does not cIherwise appear |
The affidavit OF the party rs requisite. and crght
to set II forth in satisfactory rnar~er not equi-
voc3ly. or by conjecture me, CIV. Tie public o.
fees would nc put completely in ihe power of
every individual. II coaicctura affidavit would
be suthcicn' They wpnd te Liable to be RAM
sacked, and the reCorrs continually der7nped Ivy
any person whose whim, caprice. hatred r. ma
lice. nigh; rr0mp; him 10 demand asy Of them
q be p:"'Hc'c. IN using thee words, sp x
IN y oI abstract PRINCIPLES, grifbcnt any Gl'usioa
10 IBIS pa ticaidr case
dislike state s cye,s as much as The gentle
man wAo has preceded me abominue the
mysteries OF monarchy a,,a the ,.Ys,cy:ous con-
Gaei of those wi, love monarchy and sincerely
wish thu, every thing could be Conducted fairly
ana above hoard. Ii he documents which Mr.
Burr wishes TO ob ain, are really apu icabe 20
the case, l wish ihe subaocna to issas but, TO
cnab'r tie or, = juigs of that the sails 2ucs
| ot those do unenis ought 70 be specified. II
| the case OF the United States aEsins, Smith in
tue Circuit court at New York, al houph The de-
/ ( nee might be unmarked, Judge Paterson de-
! handed particular aud no. = general affidavit
II is no objection, Therefore, that mere special
affidavit than that which Mir Burr has furnish
ed might unr'asl his del. nee Bur, 70 mn,as-
king the defence. the gentleman from Baltimore
has shown the grounds upon whi.h part Ct the
papers are wan.ed. He seerned 10 be ccrscicu,
ct = deficiency in the ifidavIt and the .c:or= N
his argu neat, undertook state what csgiit 20
have been oppressed herein. lie has said ,i.at
tire purp05e 20. which the orders Of the Presi-
dent 70 :hG naval and military officers &C ,he u
ri;ec Sta'es are 20 be used 10 10 sfew h2t those
iawiess Orders had put MIR Burr IN ehe att ude
.of Se'S defence, and hat ne was jus,iiiael- in
resisting them IA Strange and cX,raorSirerv
argument indeed The Pres:den; is sworn 70
MAINTAIN the laws, and issues orders TO arrest
the PROCESS Of a combination 10 violate then,
the gn.l'v persons concerned refusl t. disperse
IN q p2aecaG!e manner. but ,ciis Wi L. an armed
|
and thiG IS called by com 81 learned in the law
exercising 'he r'gnt of elf def,rc Permit
me TO ask - court would this defence BE- adr,,s
bic en- ,he .Ei2l OF Mr.. Burr before the pet;t
IjcTy : ! nc gent eman'S argument proves that
he act said 20 DC self dcfc1cc was treason, since
It was an ac' # estF'ance TO she constituted au
thor ties, AMI OF levyiug war aga;n,t the LJn;.ed
S;a'es! IL lie = c ident was impeached for is
SUING tho-e order it would then be proper to
| int - .ir,t
his Collateral way. Il appears, ;hcrc lore, evi
dent Iha' nc good 'eSson Is assigned f,r Issuing
the writ o! subpoena succs teeurl Tor those or
ders. Mr Burr affidavit expresses none. and
THAI urged by his counsel demonstrates th,f hey
are intended 10 be applied to an improper pun.
pose.
rs to The letter Of General wilkinson. ay,ee
ihat any letter NOT comFromi;ting NE sate.y Of
the state ought TO be produced: ba; the letter
must be mar,Ial
Al any r2te, the original letter is not necessa.
Y fo5 having bsen w,itiei on q subject of a
pdbic nature II IS. no doubt. pre- served la the de
paT,menl OF state AID. ii So . certified csi.y is
declared by an act of Congress (see laws OF u =.
vol. p ii! } 10 be of equal dignity as evidence
with the original If, Therefore, a copy was pro.
dnced' General Wi!klason could not question or
deny its antheniicityi bus would be compelled TO
acknowledge 1t IN the same manner as the oil.
gnal.
but there i5 no proof OF the maieriality of the
letter IS evidence m defence of MIR. Burr: nor
even 30 much mir. Martin stateti concerning
the purpose To be ansv red by introducing the
orders. ii u Is important at all il can only tend
to convict The prisoner. This is evident. because
on thar very letter the President of the Uni,ed
States founded his opinion of the pisoner's g,,i,t
Although l do not Trs;ead TO make use of
the Presiden's communication to Congress. 10
prove any thing against Mr. Burr, yet, as no evi
dence IS adducsd to sheW in whaI rnanne, the
letter alluded to IN thar communication, can one
rate ~ ms iaVofi may observe that The ci,cur,
stance oil the Presidents having declared himself
convinced Of his guilt in consequence OF the in.
| formation received from that letter, IS ptims
| facie evidence that it could only make aga;,st
him 1t produced. This is an additional and a
stronger reason, for his being compelled toprovs
us materially, than applies ia ordinary cases of
motions of this sort.
| But another question ought 10 he considered
Is the letter Legally alniissible as evidence q. am
Could we use II 10 prove the guilt of Bar? We
certainly could not. Then could he use i, IN bis
! defence IL is rule that a document which is
! leSai evidence cGSht 70 be such as can have a
reciprocal operation so thar, if it could be used
IN favor OF one party, the other might equally a.
vail himtelF OF Il, IL il contained any thing i l;s
tsvo-. IL follows, that since the United States
can ny no means introduce Gen, Wrkinson's
letter as testimony against MIR Burr he cannot
use II IN his vindcation. If we were TO offer
tho letter they might exclude it by reouirirg
US to produce Wilkinson himself IL would