Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-09-12

40 application for al oEscial doearnent.-.'
One great secret. however, had been de-
yeloped to-day, that a system Of espionage
had been adopsdby the government, and
that individuals had been invited to send
forward their denunciasions.
Mr.. Writ 10 his reply, particularly ami
madverted on the latter part of col. Bsrr's
observations. He contrasted his former
conduct with his declarations this day
made, and enquired how long it had been
SINCE secrecy had ceased to be a predomi.
SAINT trait Ia his character.
The Chief JJpstcs, though be decided
in favor of the production of the whole
letter. as stated in our last, yet did not ad.
matt the. positions of col. Burr ia the ex-
tent commended for by him. he could,
readily perceive cases, he said, in which
letters might be addressed to the presi.
dent Immediately, which might contain
state ~secrets, aud which might Ia e5eEy
respect be regarded as public letters.
SATURDAY, SEPT. S.
Mr.. Hay wished to extend the teras ofthe
return which he made yesterday. There was
one passage in Gen. Wilkinson's letter, which
he was certain the President himself would
keep back.
MI. McRae. AS the President is now at
Monticello, is it not practicable to send an
express to him with a subpoena duces tecum?
it ~ advantageous on every consideration to
have the trial completed at this term.-Al-
most all the witnesses are present; and per-
haps it would be impossible to collect them
here again. An express might perhaps re-
turn in four days from Monticello and is it
not far Setter to postpone the trial for that
period, than to the next term OF the court.
Mr.. Hay here read the following,
I" Additional return:
hereby certify, than upon a more minute
examination Of the letter above mentioned, |
have observed other passages, which are ell
tirely of a public nature, and which, ac-
cording to my best Judgment, ought not to be
disclosed, and which, I conceive, would not be
disclosed by the President himself, if the re-
turn were to be made by him.
GEORGE HAY.
Mr.. Hay then observed that he did not COLI
ceive himself at liberty to put this letter into
liz diiu " l lilC uClCIiOuilS +, ,Oul. lfGI lao "OOiN
Immediately send an express to Monticello
for instructions and that the return might
probably be made by Tuesday evening.
Chief Justice. Is there any objection then
to the courts adjourning till Tuesday
Mr.. Mertin said that he proposed to bring
the case of Israel Smith before the court on
Monday.
Mr.. Burr observed, that some agreement
might be made between his counsel and the
prosecution respecting the letter, and that
they might SO to trial on Monday.
On the application Of MI. Writ, Doctor
Tazewell williamsburg was excused from
serving on the jury on account Of the indisps-
sition of his friends.
The Chief Justice then observed that the
court would meet on Monday as some ar
rangement might be in the mean time made,
respecting the letter.
MIR. Hay. / can consent to no arrangement
but for me to furnish such parts of the letter
only as | may deem material to the defence.
chief Justice. If there any state secrets in
that letter, the court would lie extremely UNI
willing to call for it's production.
Mr.. Martin. Gentlemen need not be SO
%scrupulous, sir, upon this subject for we
can compel the appearance of the President
before this court with that letter.
Mr.. Hay. Shall l furnish such parts in the
mean time as am disposed to surrender
Mr.. Burr, Yes under the reservation,
that such a step does not impair my right to
demand the remainder.
The Oh. Justice then observed, that the court
would meet again at half after 2 when he I'M
derstood that colonel Burr was to give bail on
the trial for misdemeanor.
At 8, the court assembled, when Luther
Martin and Thomas Langburne were accepted
as his securities.
MY>.> ~-Y. NA