The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-23
EEGisTERED
.Oth Dec. 1906.

.Osh Dec. 1906.
SIR,
Amilitary expedition formed on the Wencru W.
tiers by Col Burr, will fonn proceed down the Mi!-
iPpi. and by the time you receive this letter, WI
probably be near N Orleans. You will By all the
means in your power, aid the army and m,a il.
fnppreGiug this enterprise. You viii with youc
Boats take the beif petition intercept and take
and if IeceirAry to deroy the Boats defending W.
der the command of Col Burr, of any perion
holding appointment urder him. There is grea1
reliance your vigilance and exert;ons.
have the honor to be Gr,
Yr mott obi.
(signed) RI. SMITH.
Capt. John Shaw, the COMP
maniirg Naval Officers at
New- Orleans
MIR. R0ndoipb. will now proceed, Sir, with
my motlon--May it peafe your HonouSoi
am now about to commit to your attention
the motion, of which gave notice fome days
patti. The general purport of it is. to award 4
rule 10 fhow cau(e why attachment fl,oud
not iiur againit @, Wikinion, for ohltru6tng
the fair administration of jufice. WAethsr we
fhall be charged with any intention Of defarn-
ing @. w by this proceeding, know not :
but can mof folennly allure the gentlemen.
that our ohjea is extremely different. We do
not proceed, Sir, upon mere general iurmife, or
we lha attempt TO remove all the prejudice
which have been excited by facts alone and our
anxious hope is to guard the public mind
againtt erroneous imprSiiions, by The exhibit
on of correct evidence dioue.--If G. We cha
racter fhould fuffer, it is not our fault. He has
SIR, to bear the weight of legal doctrines and
tee consequences of thoGe doctrines. re can
not complain. 1t is due from he U. S. 10 thG:
perions accufed, to let no obitTuaiops to the
Standardization of jutice PATS by with impupity.
We fhaIl attack c. w. Sir on fpecifc silega-
tions and by fpecifc facls. 1t ia his dirty tn
repel thefe by legal evidence, and not by the
nEnuations Of his couufcI.-i prefer this courfs.
Sir; that no more OF our time may be unne-
ceharily wanted upon his eulogy. Perhaps
the time may yet come, when he will need ali
the iuitre of his glory TO defend him againft our
attacks; and better is il. Sir, that none of his
beams ihould be difliPatcd, until We nail
come home upon him.
The ground on which we make our motion.
is this: that in this cafe between the q. S. and
Aaron Bsrr, witnefs has been fummoned agt
brought here by The abufe of military authoti-
ty; and that for this Illegal proceed;cg, il is
The duty II tbs court 10 take notice oi G.. ".
uSrne y. w. only At prelent bur The time may
arrive when it nail 6c rcceiiary TO extend this
principle 10 others. The grounds of this &C.
cuiaion are the dcpcGtioDs Of James Kcox and
Chandler Lindney, which I fhail read to lh.
court,
Mr.. Hay ohieded to the production of the!;.
aitldavits; ne underltoOd that they had been
either written or Dictated by the oppufte coun-
Tel he did not pretend to fay, that they con-
tanned any thing, which they did not believe
t" he true: bnt ne had uudctitoad, that thcs.
very Wltnciirs mad gone to the o5rofte couu.
iel to give them certain information zrd that
upon this interrogation the Council had either
written ~ dietatSd the terms Of tie at!iGavits
Nj Hay conceived, when afIidayi;s are Ia
ken by the oppoEte courfsl, however fair The.
otter means " hich had hern EN- pioyed, thai !tci,
afEdavits are Illegal. What fay the law beck,
ttat ~ no cafe viii the court Hue an attach
nent, where tie afIiJayits have been taken ty
agents aore. Ind in this very cafe tie courr
lave declared that they win admit Of no *.
captions to this obvious principe, hnweycr
hToHgiy convinced Of the ftirreis of tle groruds
On which ;hoy ave taxed hir. Il. onieae.i ~
any aiDtavlts that were written by the oppoft-
cosnirl: he cited written cate where i3e
court had fet aide an AFFIDAVIT, that had been
iworn 10 before counit, Bat the prri~ns
IS even trorger one tlian th7t; and more
in the f:Ope of that roicv, on VIII y
tins principle cf the law is foMded for ir
that cafe, the afida vi had only been fworl -
before the council; hut in this, it had bgtn
Penned by them.--mr. II. lid not hoWvv;r
mean 10 reproach gentlemen, for he touIic
which they had porfued; for te u.uld per-
hAps have done the very fame tbirg ia heir
ituhioh.
M. E4ker. Mayit pieafe The court, IGsp
not undertake to FAY, ,vhs, M. Hay w,r.s
have done in our fituliion, nor am ] r.uch
tnterelted in knowing. But foley 10 fr
the pnrpofc of correcting mi9ske, into viii Il
he has fallen. IL lays, that theie 7mdayitA
were originally written Nv Col. b Council.
as to Dir. knux'a affidavit. know and can fly
nothing. AZ to hlr. Li0dNcy's, the Ia, are
Imply theie: Mir. J., V hom had res. 6 iecfs
before called Ipo1 me with his affidavit n3Ieady
written, To know whether its form Of expreiE-
ON was correct. | oblsrved in it TOM gram
hatical errors, which I thought cugai 10 be
corrected. ! wrcte the affidavit osel again,
havinE corrected thele grammatical crrors.---
E''cr which unlimited it to Mr - 'nipeai.
on, who i1d that it was peris tty a.crratc
Mr.. Wirf. DO you know. M Btk,r, who
put MIR. l.. on that cpurle Mi. EK r. Per.
uSns yoOrirf, Sir, I never iaw Mr.I. b., fore
Mr.. Eiek5an hoped that gcmirmcn wOus
9eEVete IN The covr.,, which they had this
day bcgnu; ard irFcad e warm defamation
o. deiutory futicts, comc At orc. To- the law
aad to the au.bor.iss, 1t happens in naBg