Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-06-17

tanning Witnesses ia his favor,itis then that
he isto have COUNSEL for his defence. Il
is true sir that nif,he FIRST stage, this ineipi.
ent stage as it IS called ia fashionable
phrase,j il Is true Aaron Bnrr has al.
ready not pniy one counsel but four $500
aud not only counsel ia this district,
bur celebrated caunsel from other states
1T is true tina. the clerk Of this
court has already issued subpcnas; but
these subpGnas were gratuitous and had
they been refused there would have been
no law to compel him 10 grant them but
what do all these circumstances prove f.
That A. Burr has any authority at this
stage OF the business TO make his present
application 10 the court? Aud even let
Us suppose .has they have obtained what
they require. LET Us suppose thar this
subrnnahas been Issued |; tina. the prosi.
Eeleut himself is here that he IS 30 be call.
ed before this court from Washing on,
where national concerns Of such deep
weight and importance are intrasted to his
guidance.
Mr.. W1ckhazn begged leave 10 interrupt the
gentleman. This was not in fact subpoena
for the president himself, but only for Certain
papers.
mr.. Hay. Even that superstition does not
remove the prematurity ofthe present motion.
was about to ask, sir, what is to be done with
these papers, ifsthe president himself should
be here with these papers in his pocket. I
will say nothing Of the manifest and many
inconyeniencies which would attend his alb
sence from the seat Of government. What
would be done with these papers? The gen
tlemen cannot answer this question. only
am competent to answer it. And why Be-
cause no kind of use can be made of this evil
dence, until the grand jury have found their
Indictment; until have laid my bills before
them. Will gentlemen however, so on upon
such calculations; that the bills zviA be sent
up and that they will certainly be found true
bills !? Ifgen. w. comes, and that he will I
entertain no doubt from the intelligence which
have heard this morning the prosecution will
certainly progress and in that case only, can
these papers be wanted.
There Is another little difficulty in this case.
Hhen is this process to be made returnabIe
Some day must DC named But can the court
name any day, when the witnesses or the pa
pers shall be wanted Do the records of this
court indicate any particular day, when the
trial is to commence Sir, such a nominal
ton would be completely arbitrary Let an
Indictment be first found let day be first
set tol tie trial; and on that day might this
process be returnable. But, Sir, even if
day could be fixed on, it does not appear, that
this testimony will be wanted during this
term. 1t depends upon the arrival of general
Wilkinson: 1t literally depends upon the
winds and the waves. The very language
OF the process confirms this argument. How
could the evidence be heard, before the ace..-
sed is put upon his trial? Perhaps it may BIZ
said, that this evidence may be wanted, in
case we repeat the motion for committing A. 4
Burr for high treason and which we shall
certainly attempt ifgen. w. does not make
lis appearance. On this point two remarks
only are necessary to be made. The first is,
that no such motion is actually before the
court and further, if any such motion was
made, the court would have TO right to issra
process, before the commencement oftbe tri-
al. he court has no more right for this pur-
pose, than an Individual magistrate would
have; and In fact it was only, few days past,
that the court did actually consider themselves
placed in this very situation. Now if such an
appllcatlen had been made to your honor cut
Of doors is there any law in America or in
any part ofthe civilized verdi, to postpone the
examination, until subpoena has been grant
ed 1t is true that evidence on both sides has
been sometimes produced; but this took place
when the evidence happened to be present;
and there exists not simple precedent in all
the annals jurisprudence, where the course
OF an examination has been suspended, by an
application tor subpeenas, and the waiting for
the witnesses. The present motion therefore
IS manltestly premature. Mr.. Hay confessed
that his object was to save time h lal "a