Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-06-13

OF Col. Burr, nave SWelled 10 muCn
greater length already, than was ex-
pecred before its commence ment. The
Gentlemen who have undertaken to
report Them, find it impossible, con-
sis;entlv with their other avocations,
to furnish those arguments at full
length to the editor of the Argus, in
time to enable him to keep pace with
the proceedings. They are unwilling
to give to the public, in an abridged
or mutilated form, the many eloquent
AID interesting speeches which have
LACEY been delivered on both sides.
hey have therefore determined, in
the progress Of the trial, for the future,
60 furnish for publication In this pa
per, OILY sketches Of the points dis
cussed, the opinions OF the court up
on those points, and statements of the
steps taken in the course of the pro-
secntiop. They hope that this me-
tboA of conveying information on the
subject Will be more acceptable than
it would be to read, at different times,
broken parts of important debates, in
which the connection must necessari-
" be lost, and the whole not clearly
understood. Hereafter, when the ri
al is finished, they will publish with
al possible expedition, in a,pam phlet,
according to the plan at first propo-
sed by them an accurate account OF
tn Nhole , at moderate price, which
VIA make it accessible to the people
al ,nost universally.
On wednesday last an uncommon
ly animated and eloquent discussion
commenced on the subject OF Col.
Burr's motion for writ of Su6boen0
dRces teCHni, to summon the President
OF the United STATES 20 produce as t.
violence the original letter Of Gen.
Wilkinson (daeed the 2lst dav OF Oc-
tob r, 1906, and referred to in lis nes-
sage to Congress in January last y to-
gether with copies of the orders which
were issued by his directions to the
naval and military officers of the Uni
ted States, commanding them to sup
press the conspiracy imputcdto Aaron
Burr.
Mr.. Hay commended that prelimi.
nary question ought to be decided /;
whctner in the situation in which Col.
Burr now stands, before any bill OF
Indictment has been found against
him, he could, as matter of right,
move Tor any subPoenas for witness
scs in his favor. He solcmniy de-
clared it was not his wish, nor that of
the gentlemen associated with him in
the pro ecutiop TO withhold from Col.
Burr any testimony requisite for his
defence that he firmly believed Chose
who administered the government
were disposed to furnish every paper
proper to be produced for the purpose
Of enabling The accused to prove his
innocence If he could. He stated
therefore that be had written to the
President, re questing him to send on
the documents which were wanted
and he doubted not they would be
furnished. But, as the gentlemen on
the other side insisted on the subpoe-
ma duces tecum as process TO which
they had right, and founded their
motion on a supPosition that the Pre-
sident would refuse those documents,
he would examine the foundation OF
the right Tor which ;hcy commended.
The court consented that the pre-
vious question should be first discus
sed.
mir. Hay then opened the debate,
and endeavored TO demonstrate that
the motion made by Col. Burr was
premature that he stood before the
court, at present, only as person !
bound in a recognizance to answer
the charge Of misdemeanor when it /
should be exhibited; that, no bill ha-
wing yet been sent to the grand Jury, |
no charge was yet exhibited against
him that as there was therefore no
trial depending, ne could not with pro-
Priety demand subpoenas Tor witness
mes, although they had been issued to
him by the courtesy of the clerk, and
1t vas the usual practice 10 do so in
similar cases. MIR. II. laid down this
broad proposition that no person ac-
cuscd has right to subpoenas until
he is on his trial, that is, until the
grand jury have found bill Of indict-
ment against him. He denied that