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

3dPs WUtal0 kfAs 9 CS w sf0ta viz ssiot'cU ~
com mitment. This motion is TOR the pre-.
sent only suspended. But if that be the
case, may not the testimony now repaired
be relevant 20 our defence !? The attorney
for the United States triumphanlly de.
shares, thar we must do as he pleascs; and
that we do not know what he intends 10 do.
That is true sir, bar mayi BOT We too do
something May oct col. B. move for his
discharge? AS he is TO remain here until
the court pleasrs 10 discharge him, may he
not move for his recogniaance to be dis.
charged? Rave we no right also 10 all the
means, which are necessary 70 the fair adj
minisuatien OF justice?
No time is stipulated for the return of
ths.subpeoa." This is . great difficulty
indeed /, vii! be admitted, then, that the
court has right to issue a subpoena; AND
ye. because there happens to be no par,icu,
lar provision aboutsl7c day, this RICH, must
be necessarily null But, sir, isihis ob.
lection really Justified by practice? Has not
the court right to fix day for the retsrn
of processes of this sort; according to their
CWu GOuvCltCHSC % VIC CoufCu!SuSC Va
parties?
But Why have we not applied for these
documents sooner? Yes. sir, il is asked Of
us, why we have not made this application
sooner; and yet even nowdoes The gentle.
man wish TO delay il. He declared that
we have made i. 100 soon; aud yet he
now declares that we have made it too late
Now; it canno. be both if it be too late,
Uncertainty cannot be too soon
We have heard some remark. upon col.
Burr's privileges: and among others, upon
the fourcpuusellors who are to defend him.
b@t what kind of 40 argument is this! IF
We turo to the laws If congress, we shall
fad there is one attorney for the T.. S. ap.
propriated TO each district: aud yet there
are no less than three counseliors employ.
ed on the present occasion. No doubt
there is law providing for the payment of
the two Others cut OF the treasury bue
with what PROPHECY can these gen,lemea
complain of my client making such arrsnge.
men,s, as may suit his convenience or his
interest! Bu, what are all these remarks TO
the sabre duces tecum ? Sir, II is useless
to multiply arguments 90 this subject. 1t
is settled rule, since the an,iens t;Hes of
king John, since the formation OF magna
chatta itself, that the accused has right
TO subpoena witnesses; and aot only.o apv
other form. but to subpe,a dules tecum,
under such notifications as the cour, NAV
please 10 prescrib-.
Mr.. 12artin read an extract from the case
of Smith & Ogden in NewYork, abou, the
issuiogsof an astschmcot.
Mr. Hay asserted that this extract did
not prove tne position ccntended1; that there
was 30 case of snhpena's having been ia.
sued, before the finding Of an oGlciment
that it the clerk haS ever issued them, il
was mere gFatulsous act; and that he
challe ngsd theezp erlssced gentleman from
Maryland, TO cite single instance of an
application to a ccurs for subpnoas, before
the finding of the bills.
Mr. Martin replied, ,ha, If there we,e
no psecedents on this very poini. it was
because the ahiectioo was never made be.
fore and hs tsoped never would be made
again.
Here desuliory conversation ensysd
when MI. Hay observed, that gen Il men
affected 10 bllsve thai the presens course
pursued by the prosecution was dictated
by awIsh to suppress the evidence that
he conjursd the gentlemen to remember.
that ne had voluntarily applied for the pa
pers which they wanted; and had no doubt
OF obtaining them and that he made these
remarks to guard aoy hunan being from
the suspicion that there ZOOS any DISPOSE
ton to refuse the papers that he should
exert himself with no, less zeal to obtain
the evidence that was wanted for col Burr.
than that which might be produced against