Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-06-13

" 'NNiiNN 10 ouSh as may legally
DE admitted. He doubted not that,
when the subject was fully understood,
It would be found that the Presidents
conduct had entitled him to the praise
OF his country.
Mr.. MRde proceeded to examine
the grounds of the motion for the pro.
duction of the documents demanded.
lie objected to the affidavit of Col.
Burr that he had only sworn that
the letter may be material !; whereas
he ought to have sworn that he be-
iieved 1T to be material and more
over ought to have shewn in zvhat res
fecttt IS material. 1t was therefore
too vague and uncertain, and not suf-
hciently special to support the mo-
ton.
He commended that Mr.. Martins
raie concerning confidential commu-
nlcatlons was too narrow that GER
talnly the law would not compel MIR.
Jefferson to reveal private conGdeuti-
al communications made to him in
his Official character. 1t was unne-
cessary to argue to prove that this
doctrine is founded in the soundest
policy.
He cited Nn5ury v. Madison, 1
Cranch IA, 166, to shew that speci-
! nc information ought to be given of
the nature of the papers required. He
SAID, If the President is to be summo-
ned, 1t must be on the ground that he
is IN possession of the letter. it is
a private letter it ought not to be pro-
duced; If public, it is fled in the De-
Partment OF State, and is not in the
Presidents possession. is not sug-
gested that the president has any per-
sonal evidence to give it therefore is
not necessary to direct the subpoena
to him, but rather (even if the doc
trine they contend for is correctly to
the Secretary of State.
MIR. M'Rae remarked that.the coun-
sci Tor the prosecution would consent
that copy certified from that depart
ment, should be read if the court
should be of opinion that the original
letter is admissible as evidence. 1t
had been said that Gen. Wilkinson
might object to a copy but the cause
was not under his control. ;f he
objected, it would be frivolous, for in
few days the original could be pro-
duced, which would prove the correct
ness OF the copy.
Mr.. Martin begged leave to make
a single observation omitted before =:
that 1t was familiar practice to get
copies OF the orders of government /;
particularly in trials of vessels for vi.
/ olatlnS the non-intercourse laws that
in such cases where Instructions given
by officers of government were pro-
duced, the only question was whether
( orders violating the law could Justify
those acting under them not wheth Their
such orders were admissible as evil
! dence.
Mr. Rotts next spoke, and was fol-
lowed by Mr.. Writ on Wednesday,. bv
Messrs. Hay and Randolph on 1 hurs.
day, and by Mr.. Martin again on Fri
day. Sketches of the substance of
their speeches will be given in the
next Argus.
Fey
THE news that Gen. Wilkinson
has arrived at Hampton and may i'm
mediately be expected at this place,
which was received by an express on
Thursday evening, must be a subject
OF great joy to the Federalists and
Burrites. They are now relieved
from the Oe*ation they have so often
expressed at the prospect of his fail
ing to appear; by which failure, then
sad he would escape the pain of meet
ing the penetrating eye of Col. Burr,
and the shame of being publicly ex-
| posed as false witness. We conqra-
tulate them therefore upon the plea
sure they are about to receive from
finding their arch-enemy Wilkinson
fairly caught in the tolls at n dis
lance from New-Orleans the scene,
Gas they have called IT'D of his tyran-
mics, usurpations, and expressions
which place he has Contrary to their
e1pectations) had the temerity to for.
sake; and the audacity to come hi
Their boldly to confront his enemies!
IT they do not make a good use of