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

fence" Will gentlemen contend tina,
this clause relates to any of the prelimi.
nary steps, Of the prosecution, before
the prosecution ia itself commenced by
the finding of bill This clause was
never intended for any of the preliminary
steps: Tor the arrest, the transportation,
o, the examination Of the accused, -.
Its object was to secure to every man
TIC benefit ola" fair and impartial tri-
a: not on the examination before the
neutrality-suspicious.. but on the trial /;
and the trial itself is always held before
the petit jury. When the trial common
ces it il then that the accused is to be
confrouted with the witnesses against
him Ais then that he is entitled TO com.
pulsory process for obtaining witnesses
IN his IA or, it is then that he Is to have
counsel Ar his defence. Il is true sir
that in the first stage, (tnis incipient stage
as tits. calkd in fashionable phrase, it is
true Akron 3urr has already not only
one Gov nsel but four lind not only
counsY in this /distric., but celebrated
counsa from other states--It is true
that ttf clerk Of this court has already
lssuedsnbPraas but these subpenas
were 8atuitous and had they been re-
fused here would have been no law to
eompd him 10 grant them: but what do all
these circumstances prove !-That A.B.
has any authority at this stage of the bu.
siness 70 make his present application to
the CO. rt! And even let US suppose that
they hive obtained what they require.
Let us suppose that this subpoena h1.
been is Eued q; that the president. himself
is here that he is to be called before
this CD art from Washington, where ma
tlonal concerns ofsuch deep weight and
importn are intrusted to his gui-
dance.
MrIIVickhan. begged leave to inter.
rupt the gentleman. This. was not in
/ fact a subpoena for the president himself,
but only for certain papers.
III. Hqy. Even that supposition
does not cnove the prematurity of the
present motion. Twas about to ask, str,
whit is to DC done with these papers, if
the president himself should be here
with these papers IN his pocket. l will
say nothing of the manifest and many
. incuuveniencies which would attend his
absence from the seat OF government.
, What would be done with these papers
The gentleman cannot answer this ques-
y ton. only am competent to answerit.
Andwhv Because no kind of use can
be made ofthis evidence, until the grand
. Jury have found their indictment until
1 have laid my bills before them. Will
! gentlemen however, 60 on upon such
calculations that the bills sUiA be sent
up; and that they will certainly be found
true bills If gen. w. comes, and
that he will entertain no doubt from the
Intelligence which 1 have heard this
!. morning, the prosecution win certainly
progress |; and in that case only, can
: these papers be wanted. -.
There is another little difficulty in
this case. Whcp this process to be
! made returnabTe I Some day must be
named. But can the court name any
day, when the witnesses or the papers
shall be wan.ed? DO the reeordl Of
this court indicate any particular day,
when the trial is to comnencee Sir,
such nomination would be completely
arbitrary. Let an indictment be first
found /; let . day hs FIRST set for the trial ;
| and on that day might this process be re-
surnaule. But, sir, even if a day could
be fixed on, ;sdoes no, appear, that this
testimony viii be wanted during this
term. Il depends upon the arrival of
general Wilkinson {: 1t literally depends
upon the winds and the waves. The
very language of the process confirms
this argument. How could the evidence
be heard. before the accused is put up
on his trial! Perhaps it may be said,
that this evidence may be wanted, in
case we repeat the motion for committing
A. Burr for high treason; and which
we shall certainly attempt if gen. w.
does notmake his appearance. On this
point two remarks only are necessary to
he made, The first ia. that no such