The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-10

requefed him to withhold ii from Col. Burr and
as it containedinfotmation material to him, he
had flown 1t to Col. d. Mr.. X. regretted
that he had not the letter then about him:
but the fnbitance of it was, that the order
which had been alluded to was only for the Of
ficer TO whom it had been addreiied, and was
to be feen only by him. He added, that he had
written in r-pIy to Mr.. S. that he never would
have applied to him for it hut for the two rea-
}Tns, ,hatit had already appeared in Natchez
Gazette; and that MIR. Van Nefs (thef
of Col. b had informed him of My. SIS un-
conditional promife to furniih the order if he
was properly applied to for it.
i.r. Barr obteryed, that to avoid all pofIibIe
miiconcePtion, he thought it proper to fate,
that Mr.. Van Eefs had afTured him of Mr..
Smiths poiitivc and unqualified promife to
furnih the aniwsr, if applied for through coun-
frI.
Mr.. Hay declared he knew not for what this in,
formation could be wanted to what purpofe fuch
evidence could relate, and whether it was TO be u
fed on motion for commitment or on the trial
Ala chief. :t
M, Barr, Mr.. W,iekSam, and Mr.. Martin OBJ
ferved that perhaps on both according as cir
euniitahees might require -
mr.. Hay. fuppoie this corr viii no. proceed
but UPON facts. Now letter of the 9Th of Oao-
Der ipokea of but has this letter been yet identi-
fled Idle hoped that the court ould if1ae the
Subpoena dsee, teeAm, until they fatisfed tina:
they hadthe authority to iRue it, and that the in
formation required, material in the prelent cafe
Mr.. Htsdam obftrved, that the prs(ent;w was finn
ply intended as notice OF motion to be brought
before the court which motion be dlcuffed
either o-day Tomorrow.
Mr. Hay declared that all delay wa, unneeef Iary:
but he pledged hin,fe is pofbe. TO obtain the papers
which were wanted, and only thoe, bur every pa
per. which might be fairy the calculation Of the
cafe.
cLi5 5gaiee obferyed that all delay was obviouly
improper, that if the papers were wanted, they
ought be obtained as foon as pohible and not per-
haps delay the ul.erior tages Of the proleeution.
Mr.. Hay nated, that he had already received
cotnn,ancatonfro from Mr. Wiekhann on this iubiecf !;
and intended to have informed him, that he would
wife for all the papers which wanted land he
had no doubt he -hould obtain then,l IL the court
judged them nlaterial.--The fact was that he had
already in his pofeilion MIR. Ranaolph's correfpon-
deuce with Mr. Smith, and the order from the navy
department; but in his own opinion, they no more
related TO the prefent proiscution, than the fr pa
rsgraph of the firif page of the aas of Congrsls
Cbisf Jgtiie. enquired whether the hatcher Ca
in court.
=. Mr. Burr. No, FIR; hnt 7 have already feen the
fame order in other papers; and have no doubt
that almol every Perfon has At Natchez it wa.
fnbe of urprife that fuch an order had ever found
Its way into public print.
mr.. Hay repeated, that if the gentlswen would
farnii him with lii of iuch papers they wanted,
he would attempt to obtain them if the court tbo't
them material. OF what uie were they? Were
they too to be laid before the Grand Jury TO diiraa
their attention and to preient uAder another pon,
OF view another tubJeet for their confederation He
had iuppoted that the MATS of matter to be laid be.
tore them was large enough already.
CbiJ Jgfies obi.rvsd that it was impoflibe to de-
ferniine their ufe, without hearing them. He would
much rather that the oppoi,e oopnfe.s fould make an
arrangement with each other fuitable to them both
land that the itielf was not now diipoted to
make any arrangement. But if the parties could not
COME to any agreement, he houd then with to hear
iome argument on the fubjea fatisfy him. whether
the court had the right iue fubpana IDses teuu
DIR. Burr obierved, that he had heeu told i, was
the conltant practice in this fate ue fuch Subp-
mas upon the application of party.
Cbtf JyHiee had no doubt it the cutfom to do it.
where there was no great Inconvenience the party
fummoned that 1t feldom occurred: but thar he was
Inclined TO think, where great Inconvenience would
reiut to party fummoncd that the materality of
his teltimony ihouId be fully fhown. II papers are
TO be obtained from Clerks office, fuch Subpoena
may be ihued, and though not upon afidavit, yet
wnere there has been good cauie flown
Mr. Martin faid, that there would be no ncon-
venience; as the Prefideut might jult tranfrt the
papers wanted by the mail
Ny Hay obferved, th1t Mr.. Martins remark fa-
perfected any further proceeding tvhy apply TO the
court to iiue Subpoena to the Prefdent, unels per-
maps 1t was the necenary form for obtaining the pa
psrsi
Cliff Jlfiee. The reafen is that in cafe of a refu
fa to lend the papers, the officer himfelf may be pre-
ient to flow cauie. This Subpoena is iIued only
where fears OF this fort entertained.
. AlT. Hay faid, that no application had vet been
made to the Secretary OF fate for gen. WIS
letter; nor to the department of war for is or
der.
Mr.. Martin. IF one department refuies, we
m5y prefume that the others will
Mr.. Burr. If the gentleman grants our de-
fnand, he may propofe any alteration in It's form
that he peafes.
Mr.. Rand0lbb. IF any arrangement can be
made to obtain thefe papers, we would rather
that it fhould be voluntary act on the part of
the government.
Mr.. Hay. will attempt to obtain thefc pa
Fers- -any, in fact that gentlemen may want,
II the court will but fay, they-arc materia..
Mr.. Hiekbam Col. B's council knows lit
tie o. the importance ofthefe papers but from
hItnfclf: and from that they are fully perfuad-
ed eft their graf importance The attorney
fer Che u. S. fays, that 70 far as his perfonal
e.ertions will 20, he will attempt to obtain them
~ hrnly believes that his application will be
tuccefsfui But, hr, at Wafhington they NAV
entertain very different views from himfef:
under luch circnmtanccs, it is better to en-.
counter the delay of three or four days to OH
tain the authority of this ceurt, than truf 10 an
<xpcdient which may be uaayaIng. Bot fee
no neCefity for any iuch delay AZ the order