The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-09

. uOr
THO thoie channels. was not official, He would
tel the petition by another rule. The Pref.!ent is
not the keeper ct any official paper. He could nor
have the enody of papers of that delcription Thev
belong othe Offices of the REFLECTIVE heads of DEPART
ments Ii would be criminal aa in him IN with
draw them from thole Offices. Again. when the Pre-.
den r-,ircs from office, the fuceeedinr Pr Jiden,
ucceeds 10 all the official rights of his predece Tor, *
has right to nfpea all the public letters VIVA,
beeor,s OF the private iettersf Genera Wilkinion
could have made ne communications the Prerdent
aSiueh' out thro the ieeretary at individuals
may indeed communicate with the Prelident in his
individual character; and in this utance, he belle
yea ma'y ind'''dsais had. The cafe of Marbury
Madiion mad ght, caufe ,hat was an applica
ton for official document One great Cecr.t how
ever, had been developed day. that fyAem of
eipoinaage had been adopted BY the government. &
TAT individuals had been svited to end forward their
denuucia,ions
Mr. Writ, in his reply, particularly animadver,ed
on she latter part OF Col. Burr's obisrva,ions He
centralized his former conduct with his declaration,
this day made, and enquired how long it had been
that iecrecT had cealed be predominant trait in
hiseharaaer. '' ~
The Cbi5f J4fiee, though he decided in favor sf
the Production Of the whole letter las aa,.d IN
our ia'N; yet did admit the pofitiop. of Col.
Burr to the extent commended for by him. He could
readily perceive cafes he faid in shicb letter, ,b,
be addrefTed to the Pr.fident Immediately ,yb;rb
might contain fate ieeret and which might in every
reiPeet be regarded a, public LISTERS.
SATURDAY, Sept. s.
Mr.. Hay wihed to extend the terms Of the rs,ur,
which he hiade yeherday. There was one pafTage
W SEN WnSinion's letter, which he was certain tie
Ffeident hn,ielf would keep back
| MIR. 11ePas. AS the Preiident is now \, Mont;
Cello IS 1t not practicable fend an expref TO hin,
with aiuhp@na duces teoum! IL is advantageous on
every confederation TO have the trial completed a.
TINS term. Amott all the witnees are prelen, and
perhaps 1t would be impei!be TO colle6t Their, here
again. AN exprels might perhaps return in four
days from Monticello; and is it not far better to
poIpone the trial for that period, than TO the mex.
term of the court
Mr.. Hay here read the following.
Additional return
| hereby certify, that upon more minute ey,
Inination ofhe letter above mentioned have Offer
we'd other Paiiages, which entirely of public ua
tSre, and which, according to my bet ;ndren,ent
ought not TO be dfcled, and which conceive voud
not be dieloied by the Prefdent hinfelf, if the re-
turn were 70 be slade by him.
GEORGE HAY.
Mr.. Hay then obferved that ne did not conceive
himef at liberty TO put this letter into the hands of
the defendant {; but that he would immediately fend
an exPrefs to Monticello for initrusfons and tba,
the return might probably be made by Tueiday even
ing.
C. jus. Is there any objeaion then to the courts
adjourning till Tuefday
Mr. 1fa'fi1 faid that he propofed to bring the cafe
Of Israel Smith before the court on MONDAY.
Mr.. Burr obierved, that fogne agreement might
be made between his council and the proecutiop rel
Pettng the letter, and that they might go to trial on
| Monday.
| On the application of Mr.. Writ, DR.. Tazewell
(Wilamfburg) was executed from -rving on the iurv
IN account of The ndilpoGon of his friends
The CD yn5 then oblerved that the court would
meet on Monday asiome arrangement might be in
the mean time made, relpefing thu letter-xr. Rav.
can content 10 no arrangement but for me to furnif
iuch parts of the letter only | may deem material
TO the defence. C. 9uI. If there are any late ie-
ctets IN that letter, the would be extremely un
willing to call for its production
MIR. Martin. Gentlemen need not be 70 fcrupulous.
FIR, upon this iubjea; for we compel the APP
pearance of the PreGdent before hs court with thss
letter. Mr.. Hay Shall furnifh fuch parts in the
mean time as am dipoled to furrender MIR. Burr.
Yes; under the reiervaiion that luch lep does not
impair my right to demand the remainder
The CD. 1gf. then obferved, that the court would
meet again at half after 9, when he underAood that
Col Burr to give bail on the trial for midemeau-
! AT ?, the court aflenbled, when Luther Martin
and Thomas Langburne accepted as his iecuri.
! ties.
MONDAY, Sept. 7.
! Mr.. Bohf. The court will recolIe9, that when
the order moved for the continuance OF the trial
for miidemeanor deprecated the ferrous iEconve-
nienoes oil delay. IL is much to be regretted that
we ihould now be driven into the trial wthou, the
letter, which we have required but as that letter
may probably be received in the courle Of the trial
we are willing enter iuto it.
| Mr.. Hay obierved, that he ihould nor with the
trial to be gone INFO with iuch declaration on the
part of the acculed that he had lent an expre(s TO
Monticello, agreeably to his promile and that he
| expected him to return by tomorrow e o'clock
He therefore did with the jury to be fully ~ ou
TO day.
The Cbif 5gfies did not fee any neeeiIi.y for de.
lay on that account The paper would probably be
here by the time when it is wanted, as il will not be
required until the defence is opened
Mr.. Hay wilhed every preparation for the trial %
be made to day, but hoped that the tria will no, be
gone into until to morrow He expected iome conf
municatons from the Prsfdeni, which would have
Comfortable influence on him, with reipca to his
condu9. on the trial.
At moment, Herman Blannerhanett appeared
in court, when MIR Bsns oblerved, that Mr.. 81.
had attended for the purpole Of understanding his
true iituation. FIe could Obtain bail for the nlfie
meanor, and it was obvious, that under the opinion
Ofthe court, the indictment ,r treafnn could not be
Imported. Will you, MIR. Hay, enter a aoe b,elcgpi
to tn profecution for trellon!
Mr.. Hay acq isiced
MIR. Martin. Viii you not adopt the fame eourre
as to the cafe of Mr. Iirae smith
MIR. Hay acqueiced again.