Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-07-11

ever delicate our foreign relations miglif
be. and however rhinOns the closure 20
he honor and prosperity Of The country.
These, sir, arc topics offered 20 the dis.
cre,ion Of the court. Itis certainly much
20 be wished, thar rnle could be devised
which while itshouad. protect the rights Ct
the prisoner, should also protect the pubic
casces from being wantonly and unneceesa-
I rib violated I think there Is such a rule
lit is this 81 Il is by requiring that the
I-prisoner who calls for d paper, shoald
shew that the paper applies % his case.
and is requisite for his defence When
| he shall have done this, hold, thar he will
be entitled 10 csil for any paper y will
then rest with the precedent OF the U. =.
1.-The officer appointed blythe people 70 watch
lover the national safety; TO say whether
thar safety will be endangered BY divulg.
ling the paper. Surely, sir, justice TO the
i.prisoner requires no more than that he
should possess sach papers as are masefi.
| al For his defence; and will not the court
require that hesho1ld shew that materi-
Ialny before they give way TO his call if
i,hey do il, if they say that it is enough
for the prisoner to wish a paper TO have
Lii: they will themselves as well as the
chief magistrate of The union be in danger
of becoming the mere ministers Of the
prisoners whim, or malice and resent,
mens. BY adopting the rule which have
proposed, they avoid these consequences
and do all that justice requires tor tbs pri-
lson rr. 81
Whenihis subject was first mentioned, It
was said BY one IF your honors that il is
usual % award the subpoena duces tecum 90
the mere molten Of the party, unsupported
by any affidavit stothe purpose for which
he paper was required. Thisis true. sir;
such an afidavitis not generally required !;
but why isit not? Because the relevancy
and materially of the paper are admitted
by the adverse counsel, or are palpable
trem the nature of the issue and of The pa
per required. The docket, fer example,
presents The case of writ of RICH: or an
action of eiectmen,: the name Of the ae..
ton, shows thar the title of laod is in ques
ton one of the parties moves for a SAB
fsrG duces tecun dirtcted to the clerk Of
another conrt, aud repairing him 10 b-ings
up deed or will which form link 10
tht chain Of his title. The adverse coun.
sci It he represent, admits by his silence
the preprie,y Of the motion: or if his 81.
ience has not thar effect the nature Of the
ISSUE and Of the paper requiied shews at
once the relevancy and matefiality Of the
latter. Hence it has happened, tha,these
motions are usually unsupported by athda
VII. But Is this tar csse here? 1he rtie.
vancy and matcrial,sy Of the papers called
for, are not admitted by Is (: a.e thai rele.,
vancy and usa,eriality palpable from fhe.l,,a-
ture OF the points 10 issue and the papers
required Let us sesif they be- Thetwo
charges against the prisoner arr, first Of
high treason; and secondly, misdem amor,
in-sctting on foo; an expedition against The
territories of na,ior with whom We are
at peace ; for the purpose cfhis defence, he
says he wants letter frosn gen. Wrkin-
son totke presiden; which letter contains
a declaration Of his guilt; ard also certain
orders from the department of war, which
he says directed the burning and des,ruc-
tion of himself. hispsople and HE properly.
Now, sir, what possible tendency can eli.
ther of these papers have TO aequit the pri.
soner OF the treason or the misde nae amor.
As TO the orders which have Seen depicted
as being SO saeglinary I'd despotic, af
firm, with the power Of proofao support
me, thar such orders never were given
though il il be true, that Aaron Barr had
placed himself in state OF war with his
couptry was aiming blow at the vita!s
of our government and liberty, and that
blow could be averted n no other way,
hold that his destruction would have bsen
virtue, great and glorious virtue. AT.
fairs, however, had DOT reached tina, des.