Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-06-18

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/" accused" was employed.
Mr.. Martin then rose TO support the
piopriety Of granting this particular subpr
ma.
+ He laid down as a general principle, in
all civil or criminal cases, that every man
had right to process to establish his
rights or his innocence. McNally's evi.
dence, vol. 1, page e255. Does there ex.
list single case in the British authorities
in opposition to this doctrine Surely
these gentlemen do not intend 70 repre-.
sent the president as kind of sovereign,
or as a king OF Great Britain: He is no
more than servan, Of the people. Bur
even the British king may be called upon
to give testimony TO his people. Il It's true
he is 20, obliged to be p@oaed, and to
appear in a court of justice bu. his ,essi.
lmony ppder his sign manual is received as
an authentic evidence.
Chief Justice. The cosnsel on the OPP.
posite side admit that the president may
he summoned.
! Mr.. Martin. They have surely never
foAittCu ~ CCioiC' IlOWeVcT am uhpp}
bat it is now admitted, as il will spare me
1 part of my argument. will proceed
Hen to the others.
; The next question is, whether the pre-.
siaent can be summoned to attend with
certain papers. One of them We want is
an original letter from gen. w. Of the 21st
October, and received BY the president on
the 9Th of November. This letter Gas
appears by col BIS afidaviD is considered
by him as necessary TO his defence; and
his counsel, so far as they understand the
subject, are of the same opinion. The
other papers are copies of Official orders
by the navy and war departments. II may
be said, sir, that f application were made
to those departments cal. b had right
to the papers: for we had supposed tina.
every citizen was en,i,ied TO such copies Of
official papers as are material 20 him. Add
have never heard of bat one instance
where they were refused; ard this WAS
most certainly under presidential ioau.
ence.
Mr. Randolph here related the pariicu.
lars OF his own correspondence with Mr..
Il, Smith, secretary OF the Davy.
Mr.. Aurtin proceeded to the following ef-
tact:-I have asserted, that col Burr was en-
titled to copy of these orders. We intended
to show that these orders were contrary to the
constitution and the laws, and that they entitled
COL Burr to the. right of resistance We in
tended to show, that by this particular order
his property and his person were 10 be destroy
ed; yes, by these tyrannical orders the life
and property Of an innocent man were to be
exposed TO destruction. We did not expect
these originals themselves; because they we're
gone out. But We did apply for copies and
were refused under Presidential instance
In New-York, Oh the farsicaI trials of Ogden
and Smith, the officers of the government
screened themselves from attending, under
the sanction of the Presidents name. Per-
haps the same farce may be repeated here
ana it is Ter this reason that we apply directly
to the ? OF the y. States. Whether it would
have been best to have applied TO the secreta-
ries Of state, ofthe navy and war; / care not
All that we want is the copies of some papers
and the original of another.
This IS peculiar case sir. The president
has undertaken to PREJUDICE my client by de-
clarng that ofhis guilt their can be no doust
He has assumed to himselfthe knowlege Of the
Supreme Being himself, and pretended to
search the heart ofmy highly respected friend
He has proclaimed him traitor in the face of
that country which has rewarded him. He
has let slip the dogs of war, the hell hounds
of persecution, to ':unt down my friend. And
would this president of the United States, who
has raised all this absurd clamor, pretend to
keep back the papers which are wanted for
this trial where life itselfis at stake 1t is
sacred principle that in all such cases, the ac-
cused has right to all the evidence which is
necessary for his defence.-And whoever
Withhalds this inform atom ic s,,hStnntiallxr q