Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-10-27
Glrcult Court.
MOTION FOR COMMITMENT.
FRIDAY, October 9.
Gcn. Hfltina2n's testimonp Continued

| Gen. H'tEktnSoH'S testimony continued.
| Mr. WIckham demanded the production
of the whole letter of the 18th of Novem-
Der. General Wilkinson, did you lay it be-
fore the grand Jury? A. did.
Mr. Burr. The entire letter has been u
sed against me before the grand jury. All
Idea of state secrets is therefore at an end !;
and there can be no objection to produce
! the whole OF it in court. | shall expect
that General Wilkinson will bring the
whole of it into court to-morrow. Mr. HuY.
have nothing, SIR, to say OH this subject.
Chic Justice. The President has certi-
fed his reasons for communicating only
certain parts of that letter and he believes
that the other parts have no application to
the present prosecu.ion.-Mr .n1rtin.
; hope the court has not already decided that
point. Has not this court already dcClar-
ed that the President has no more power
here, than anv other mao If this be law,
\ FOR which gentlemen now contend, God for
bid that should remain citizen of the
United States And is Mr. Jefferson To- be
IL ;udge of the relevancy of evidence, in a
lproSecution in which he has taken 50 act
i've part against the accused Mr. Jeffcr-
son, sir, is man of no great legal know
ledge. He was of no celebrity as law
lyer before the revolution, and he has since
been SO much engaged in political pursuits,
, that he has had time enough to unlearn the
little law he ever knew MY Hay. The
only end of this conversation is to abuse Mr.
Jefferson Martin. Sir, we shall so
, use Mr. jefferson, as not To abuse him. Re-
member that the life and liberty OF Colo
mel Burr are shown to be no longer dcpeD-
! dant on Virginians: and therefore | am
freed from anv restraint, in declaring what
think. If Mr. Jefferson himself was here,
- IL 4
make him disclose upon oath, the contents
: of that letter? Suppose, sir, that in this
J letter General Wilkinson has denounced
Governor Claiborne and Cowlcs Meade
= suppose that he has represented all the
q people of New Orleans as disaffected; up
J pose that he has attempted 10 throw eve v
influential man hut himself under the sus-
lpicions of tie government, III order that he
may raise himself into favor; is this n sa-
tisflctory reason why this letter should be
} respected or withheld? Mr. Burr repea-
!, ted that this letter had been laid before
: | the grand Jury that it was therefore nc
longer state secret; and that he had Il
right to ask for any thing which General
Wilkinson had showed or said 70 the grand
Jury. Cfief JuStice. After such a certif-
) cate from the President Of the u. States
>, as has been received, | Cannot direct the
production ofthosc parts ofthe letter, with
=, out sufficient evidence of their being relc.
want to the present prosecution. | should
suppose, however, that the same ourCe
= which informed YOU OF the existence Of this
paper, might inform you of the particular
N way in which it was relevant. Mr. Burr. II
u such a case ask no mans opinion, but my
: own. ChieC Justice. ! cannot assist you
e Mr. Burr. Have not right to ask what
'e any one said before the grand jury? Nj
Wick-ham read certain parts of the c,rfrac-
tel and .turaished copy, to show that from
- the context Of those parts, the omitted pas
sages bore directly on the ,ubiect.-Fhe
President os the United States might have
!, had proper reasons on acrount of Genera
, Wilkinson, 70 withhold those parts, but
- General Wilkinson himself has no right :,
y withhold them and If he produced the
q whole letter before the grand Jury for the
II sake of eliminating Colonel Burr, he may
,s certainly be called upon to lay it before
,e this court
General UJikirSon begged leave to cor
rect the expression Of the gentleman abou
c. his motives. He did not produce this let
ter before the grand jury to crimiuate Col
% Burr, but to vindicate himself Mr. Wfck
n ham. That is the very thing which say
} WHY did he wish 20 vindicate himself, bu
IS 10 give greater cfFect 70 his elimination o
81 Colonel Burr General WTikiuSon begget
70 leave to state another consideration. Whci
he appeared before the grand Jury, he re
., collects Mr. TAYLOR of the grand Jury EN-
= quired of him, whether he introduced Ger
tain papers TO vindcate his own conduct
and that he replied in the affirmative HI
remembers also observing 10 the grand in
- ~, that certain parts of his information III
vowed such delicate personalities, that IN
should not willingly give it publicity, ont
therefore he hoped, what he said would b.
oh received in confidence, to which membe
(Mr Barbour) after some pause, replied
. ''whatever you say here. sir, is received
! in confidence" Mr. Hav. Mr. + ,zrwell !
80 here and will confirm that statement "a
., Burr. Then they did very impropc
Il thing; and hope this court will no. coun
H. tcnance such a proceeding. The gentle
liz men must be mistaken, Sir. The gran
L. Jury could not thus receive secret infor
nation. Mr. FEov Observed, that gentle
men acted very prccipitatcly in condemn
inc 'hc Grand Jury uuheard and appcale
", TO Mr. Tazewcll for what he knew Nm tn
10 subject. Mr. Burr. They have no : MT
T." introduce n witness now, when We hay on
"a under examination Mr. Wjrt suppose,
that when the Grand jury was tim, chat
ced bv the accused o" his counsel, they h
- a right 20 appear 4. vindicauon ut the
o,vn conduct. Mr. Barr. That may he
T. pleasant occupa.iOn ~ the court hfrrqTe