Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-06-13

doiph's correspondence with Mr. Smith,
and the order from the navy department.
bu, ia his own opinlon they no more related
10 the present Eproseca ion, than the first
paragraph of the lst page Of the acts of
congress. ,
Chief Justice eBquired whether the
Natchez Gazette was in court.
Mr.. Burr. No sir bus have already
seen the same order 10 other papers and
have nc doubt bur thar alnost every per-
son has. AT Natchez il was q, subject OF
sarprise;that such an 'order had ever found
its way into public print.
Mr.. Hay repeated that Il the gentleman
would furnish him with a list Of such pa.
pers as they wanted, he would attfmps TO
obtain them, if the coor. thought them ma
.terial. Of whas use were they g. Were
theYto be laid before the grand jury, TO
distIsc. their attention; and to present
under another point Of view another subs.
7iect for their consideration /? He had sup
posed that the mass OF matter 70 De laid
before them was large eaough already.
& Chief S3ustice observed that il was impos-
si5le to determine their use, without hear
ing sh:m. He would much rather ;hatshe
opposite counscls should make an arrange
ment with each other suitable to them both
land that the court was not now disposed
to make any arrangemsnt. Bur if the par
ties could not come 10 any agreement, ne
should thea wish to hear some Arguments
on the subject TO satisfy him, whether The
court had the right to issue subpoena dr.
ces tecRm.
NJ. Eurr observed that he had been
,sld thai it was the constant practice IN.
this state TO issue such subfeaas upon The
application Of parry.
.lAieff Justice had no doub' il vas the
Gus osa 20 dol il, where there was no great
Inconvenience 20 the party sun moaed that
it seldom occurred bot that he WAS in.
eiiaed 10 think, where great Inconvenience
e. would rrsalt TO the party summoaed, that
the materially Of his testimony should be
folly shown. If papers are TO be obtained
from a clerks ofice, such subpoena may
BE- issued, and though not upon afada
eit, yet where there has beea good cause
shown.
3 Mr.. Martin said, that there would be.
no Inconvenience /; as the presIdsns might
Jus. transmit The papers wanted by the
scnail.
.Mr. Nuy observed, tia. Mr.. Martins
remark superseded any further rroeeedin /;
why sppls-to the ceass 10 issue subpoena
to The president, uoless perhaps il was the
accessory forrn fps-cb;a:ning The pspers?
L2Nef Jusficg- The reason is ,has in
case OF refusal 10 send ,kepapers, the Of.
,hcer himself may be present 10 show cause.
! his subpoena is issued only where fears.of
this sort are eptcriaiaed.
Mr., Hay said, that no applisasiophsd yes
bseu made 60 the secretary of state for gen.
-W's letter, nos TO ahe department. of WAT
ios ITS order.
MIR. Martin. If one Department; refus-
es, We may presume that the others will.
Mr.. Barr. If The gentleman grants ear
demand. he May propose any alteration in
IFS tosa thai he pleases-
Mr. Randolph. If any arrangement can
be made TO Chain these papers, We would
rather that it should be voluntary acs ca
the pare of The government.
Mr. Hay. will attemptte obtain these
pers--any, in fact, that gentlemen may
want, # he court will ba, say they are msa
,erial.
+ MIR. WickAam. Col BIS. counsel knows
litt:- Of the imporancs of these papers but
from himself !; and !fem that they are fully
per,uxded ct tsen great importance. The
a,,orn.y fer the u, S. says, that SO far as
his personal exertioas will go, be viii at.
,,np. TO obtain them. and firmly believes
that his application WILDE successful. Buss
sir, al. Washington shey may entertain very
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