The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-23

<'iT. IL. NHHde!PO roie 10 proceed WIN his
motion when he was interrupted by Mir. H.y !:
g have, Sir, communication 10 make TO the
court and to yourfeives. The court will re-
collect the reply which received from tn" P.
u. 5. TO my letter respecting certain papers :;
they will recoliett that he fated in that letter
that gen. WIS letter of the 25ih of Oct was in
The hands of HE attorney general, from whom
he would attempt to obtain it. Bv the In
nights mail, Sir, / received this letter from the
P. U. S. touching the fame fubiee." MIR. H.
then read the following letter to the court:
.WaHingfou, June II, OF.
Sir,
In snfwering your letter Of the 9Th, which
dehred a communications of one 70 me from gen.
Wi!kinfon, fpeci6ed by its date, / Informed
you in nine of the 18th, that I had delivered
1t, with al' other papers refpeeing the charges
agaInft Aaron Burr, to the attorney general
when he went TO Richmond, that had fup.
pofed he had left them IN your potf; aioa, but
would imediately write 10 him, if he had not.
10 forward that particular letter without DELAY.
l wrote to him accordingly on the fame day,
but having no aniwer, know not whether he
has forwarded the letter. Rated in the fame
letter that had deiired the f.cietary ar war To
examine hs office in order to comply with
your further reqneft TO furnifil copies of the
orders which had been given refpeGfug Aaron
burr and his property; and in a fubfequent
letter or the fame day, forwarded TO you co.
pies of two letters from the fccretary at war
which appeared TO be within the defcrption
exPrcfled in your letter. The order from the
fecretary Of the navy, you fsid you were in
poHeflion of The receipt of thefe papers had
l preiume, 70 far anticipated, and Others this
day forwarded, wilLhav2 fubftantially fulfilled,
the otje6t Of 4 fuhpona from the difric court
OF Richmond, requiring hat thofe officers ard
myielt fh9ud attend the court in Richmond,
with the letter of gen. Wikinfon, the anfwer
10 that letter, and the orders of the department
OF war and the navy therein generally defcrib-
ed. No antwer To gen. Wi'kinfon's letter,
other than mere acknowledgment of its re-
oeipt in letter written for different purpofe,
was ever written ny myflf or any other. To
theie comRIunio atiousof paprrs, will add, that
If the defendant fgppoies there were any fatl
within the knowledge OF the heads of depart
mel ts, or of rnytclf, which can be ufeiul for
his defence. from 4 defirc of doing any thing
our ltuatlon VIII permit in furtherauce of iuf
tice, we fhall be ready to give him the benefit
of it. BY way of depo6tion through any pcrrons
whom the court ihali authorize to take our
teitimony at this place. I know indeed that
this cannot he done bat by content of parties.
and therefore authorize you to give content
on the part Of tbe u. S. MIR. Burr's content
we w S'-N" Va SodiiS, iuPpOjG6 the teItI-
mony ufefnl.
As TO our perfonal attendance at Richmond.
l am perfuaded the court is fenlible that para
mount duties TO the nation at large confront
the Obligation OF compliance with their inn-
mons In this cafe, as they would. fl1ould we
receive hmilar one to attend the trials of
BIennerhaffrt and others in the Nihn;nD,
Territory, thofe inhituted at ST.. LOUIS.
and other places the wetern waters.
or at any place other than the feat of govern
ment. To comply with fuch cas, would leave
the nation without an executive branch, whote
agency nevertheless is underftood to be 70 con.
family necelI'iry, that it is the lole branch
which the contribution requires to be always in
function. IT could not then that it fhould be
Withdrawn from its Ration by any CO ordinate
authority.
with retpeet TO papers, there is certainly
public and private tde to our offices. 70 the
former, belong grants of Ianda, patents for ia
ventions, certain commiflions, proclama,ions.
and other papers patent in their nature. TO
the other belong mere Executive proceedings
All nations have found II neceii4ry, thar for Tn
advantageous conduG OF their ATTIRE, fome Of
theft proceedings at Leaf, fi'ould renan known
to their Executive fnuGtionary only. lie of
courie, from the nature of the cafe, mutt be the
iole judge of which of them the public intcrefs
will permit publication. Hence under our
contribution. in reqUcHs of papers from the le-
RihauVe to the executive branch, our exception
Is carefully sxprenrd {" as to thoie which he
may deem the pubic welfare may ,cQuire not
to be diiclofed," as You will fee IN the uclofrd
RESOLUTION OF the y of Representatives, which
produceG The mehdge of Jan. %, reIpetiing
this cafe. The rsfpett mutually due between
the conhitued authorities in their official in
tercoude, as wei as hncere difpoftions to do
for every one what is jun, will always enflre
IRON the Executive, in exercifng the duty OF
determination coufided 10 him, the fame can
dor and Integrity, to which the nation has in
Ike manner tru0ed in the difpolsi Of its iudici-
airy authorities. Conidering you as the organ
tor communicating thcfe feutincuts 10 the
court, address them to you for that puipole,
and ialute you with eieem sud refpett.
TIL: JEFFERSON.
Accompanying this letter, laid Mr.. II is 2
copy ct the refciution Of The II. Of Il. contain
ing the exception to which the Z. tefers.-I
have alto received letter from Nv. Smith, Sc.
crelsry OF the navy, containing an autheGtic
copy OF the order, which was wanted, pre-
cucly corresponding with the unsuttenlica-
TED copy 10 my poHeiHDn.-iIr. TPl1kGaHl. !
pretume that thele NUT be noted by the clerk
2s the return 70 the fubPeua Durss Tceaq.--
Mr. Try. So far as they 90. WhcB we re.
cciee q. WIS letter, the return will hc corr.
plets. have aio received letter from to,
iccretarY a. wIr, which couiains all the or3s,,
OF MS department, touching Aaron BUr.-