The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-05
FRIDAY, 4th Sen,

The proceedings of this day commenced with an
application on the part of Aaron BHrr for the pro-
duction OF an original letter from Cen. Wilkinfop
to the Preiident of the u S. dated the 18th of Nov
1906, which letter was in the poiTellion of Mr. Hav
the attorney for the u s. The Prelident having
confided to Mr.. Hay the difcreton of holding Cucb
OF the laid letter as were of confidential nature
ne refuied to exhibit the whole of it in evidence. A
writ OF Sp6prna Dues 1eeum was thereupon awarded
returnabe Immediately, commanding Mr. Hav 70
produce the letter. His return was in the following
words B
hereby acknowledge fervice of the above subpo-
ma, and herewith return a corre9 and true cow of
the letter mentioned in the fame dated 10Th Nov
1906 excepting iuch paris thereof as are in my o.
Pnioh, not material tor the Purpofes of iullice for
the defence OF the acculed, pertinent TO the Iue
now about to be joined the parts excepted, being
eontidentiay communicated to the Proficient and he
having devovsd on the exercife of that difcre,-
ON which conititu,ionay belongs to hinifelf The
accuracy OF this opinion am willing to refer to the
Judgment OF the court, by fubmitting the ORIGINAL
letter to its inPectou. further certify in order TO
new, more clearly, the rrelevancY of the parts
excepted, TO any defence which can be fe ND in the
preient cafe, that ,hofe parts contain communicate
on OF the opinion of the concerning certain
IONS about which opinion the fact Of his having
communicated it, the writer, if witnefs before the
court could not legally a, conceive, he in,errogat
ed and about which evidence could legally he re-
ceived from other perfons GEORGE HAY.
Col Burrs council tAeu obferved, that they had
TWO reiourees for compelling the production Of the
paper; either to move for attachment againR
MIR. tay, which their friendhip would forbid
Mr. Hay declared, that thefe papers could not be ex
torted from him, without the Intervention Of the an
thority Of the court; and even were they 70 due
their process that he fhould rather 90 to ia than
iurrender the letter or to move for rule tha,
this Proiecuon hand and be continued till that letter
De dePoited with the clerk They would accord
ugly prels the latter notion
This motion produced an animated difcufIion. A
few minutes before o'clock the CD. yg,. decided
that under the circumstances of this cafe, il was nor
IN the power OF the court to fay that the letter suld
not be produced; that the realons aligned for with
holding 1t were not lufcieu, and that ift were nor
produced, the court mutt either take neafures IN
compel compliance with It's proces or continue the
eauie With refped to fuch parts as were deemed
confidential the court would take neafures TO ore
vent their being made public, by providing tina, no
copies ihoud De taken, that ufe was to be made of
the letter except in relation to the trial that ,ou1d
nor go out of court and that thoe perfous who take
notes OF the proceedings were net to eonfder them
lelves at liberty to pubHf aJy part of that letter.
lie concluded by repeating that the production of the
letter IN Court might contribute to remove MANY Of
thos iulpieion', which its fuPPrsllon would infai-
bly, excite.
The grounds occupied by the council on both Gdes
will be detailed in orr next
Mr.. Hay obferved, that he was not dininAIv
acquainted with the wiihcs of Cen. WiltinCon
on this fubjeG, he fhould however, conftlt him 4.
and nc hoped that he would content 10 The
production of the letter under the refrAiops
mentioned by the court.