mmmm
1
WeremcWmh asa^ted tepfak* (to Hd. ^^^fe^d"Thtt
larr the purposes to
which he was satisfied it would be
applied. He could not see why Co).
Bun should step forward as the friend
of those who had been denounced, e-
Veii if there were such. But, m truth,
the pa sages oil he letter which he
was iinwiiiiugtoexpose, were merely
opinions ¦ !'the writer with respec
Certain persons, which opinions may
have changed'; as it related to some
of them, he knew they had changed.
There were two passages in the letter
which he could not consent should
jpe seen unless they were extorted by
the court. He did not know that be
part of his defence; that the president
having confided to the attorney of
the United States an exercise of his
discretion as to those parts of,the let-
ter winch were of a confidential na-
ture, and which ought not to he dis-
closed j the attorney ought, as to this
subject, to be regarded as the presi-
dent ; that whether the public good
requires the withholding of any com-
munication made to the president, it
was for him alone to decide; that this
was not a mere question of delicacy,
but of sound policy which may affect
the whole country ; and that a deci-
sion of i.h>s question which goes to the
length contended for, that the preai
I! inn -to ex nose, were meieiy ¦>•.,=,>,.. „»..,,¦...... ¦.,*-.., v i n
communicotions made to him ot tfea
sonable machinations canying on a-
gamst the government, would tend to
suppress information which the go-
vernment had a right to expect, and
on which its very existence might de-
pend. The case of Marbury vs. Ma-
dison was referred to, in wh.ch lliesu
w~ald v.eld underanycrcumstauces diSon ~™Z™%£££$ £™
HeVould, indeed, rather go to jad pretne^^W^oTJK
sidentwss not bound to disclose com-
to him in his of-
than expose them. <>« . -v ¦------;- ' . .
Mr. Wkkham observed, that after mun.cat.ons made
the sentiments of defiance wh ch had f«cial character
been uttered by the gentlemen on the
other side, it only remained to apply
to the court for an exertion of its an
lidl CHOI CIV- n-1 •
In the course of the argument col.
Burr rose, he said, to correct an error
which seemed to have pervaded the
n:rt mr an exeruon <>i iu 'Yi^^^^^^^^^m
thorny. Motives of delicacy, it was counsel on both sides. It had not
sett • ed, were not sufficient to suppress been adverted *o, as it surely ought,
evident e which was deemed essential that the presklentof the United States
by being president, was not divested
of his character of an individual. As
president, there were certain official
channels through which all commu-
nications were to be made to him ;
these were his ministers. Any letter
for the purposes of .just ce. He instan
cc.l the case of theButchess.it King-
ston, in which certain gentlemen
wen: compelled to give testimony of
a most delicate nature, and relative
ri. letter proposed to those channels, was no. olicial. He
be sn. .vessel may be ofthe utmost would test the position by another
uUrS^to.h' accused. If'Gen. rule. The 1'res.dent .snot the keeper
Witashll. have denounced per- fW^^J££$*r'£
sons deservedly high in the confidence have-he cus ody tfgj £***d j
of the eoverument and people, it smption. hbj,« g >
Irl^Lteriallyfe^nhiicrSluhty of X *^ »£«*££
W CjZ£ ' Th^writ of suhpvna him to withdra. them from office,..
i£e\ CmhlrZShes awarded Agam, when the president .e tires
,/a .natter of course upon die mere W^^^^J^
£^2**0° n bepro;Siy tf\S Sfffi P-bnc letters. What becomes
for he >^e fo tie production of of the private letters ? Gen. Wiilun-
&S?itPrawarded, L reserved tor ™^'™&™ &$?&
VhT writ of subpn-iia duces tecum through the secretary at war. I,,d,-
*a8 accordingly is* .ed, to which Mr. viduals may indeed cuumiumcatc with
Havmdeh; return nserted in our the president in his mdvidua clia-
K^he next day, annexed ^^tfSt SffS
of M rbury v» Mad,son had uowcight,
because that was an application for an
official document. *Oue great secret
i^st • and on ine cai "<'ji »"m>-^'j ----- ¦ ,. . , .. , i
have given in tb:S day's paper.
On this return, an animated debate
ensued. Mr. Butts and Mr. Wickham
ou the
Mr lions autl vi . »v iciuirfin v.iu> .«.....------ -
on the'side of Col. Burr ; Mr. McRae however, had been developed to day
a d M.- W.rt ou the si) wusneu lOLA^ ,
SSSS I domestic matte s it was of the return which he m d est -
detestable, because it might furnish fe . l i^^^ ;ch I^ was cer-
pretextstomenm power to work.he W kn^<^^ ^limselt wou|d 1 -p^g
same sum was also fixed for Israel
Smith.
Mr. Botts obseVved, that as Mr.
Bkmnerhasset would find some diffi-
culty in getting two securities, he ho-
ped it was not an inflexible Tule with
the court to insist upon two; when
one alou* was deemed sufficient to
cover the amount of Bail. Mr. D.
Woodbridge had offered himself to We
Mr. El's bail. Mr. Hay. I can have
ho objection, if the court deems one
security sufficient.
Mr. Woodbndge was accepted.
Some conversation then ensued
about the jury;—when it Was deter-
mined to examine but one to swear
them to day.
When Orris Payne was called, Mr.
Hay mentioned that motives of pecu-
liar delicacy induced him to wish that
Mr. P. might be excused from serv-
ing : as he was extremely intimate
with him; and was in the constant
habit of conversing with him on this
subject.—Mr. Burr. I may perhaps
get a worse man. Mr. Hay. You
cannot get a better.—Mr. Payne
was suspended for further examina.*
tion.
2. Thomas Underwood, sen.—Mr.
Burr. I challenge you, sir: I do
it because 1 understand you have ex-
pressed opinions unfavourable tome.
Mr. V. It. is true, that 1 have, s;r.—
Mr, U. was acordingly set aside.
3. Nicholas Hal/am was excused on
account of bis hid sposition.
4. James Bootwri^ht was accepted,
/i. Ohadiuh Gathwright wished to
be excused on account of the indispo-
sition of his family.—Mr. Burt. Per-
haps your family n,ay be better by to-
morrow.
(i. John Murphy.—Mr. Burr. Have
you not expressed unfavourable opini-
ons about me ? — Mr. M. I do not re-
collect any time or place, where I
have done it ; but is is more than
probable that 1 have. Mr. M. was ac-
cepted.
7* Byrd George wished to be excu-
sed on account of indisposition. He
was directed to attend to morrow if
he was better. If not, his non-atten-
dence would not he noted.
8. William Nice had expressed ve-
ry uufavouiah'e opinions of Aaron
Burr.—Set aside.
.0. When J. Mc Rae was called,
Mr. Mc Rae, (counsel for the prose-
cution) observed, that if motives of
delicacy had suggested a late appli-
cation to the court, he thought that
still stronger motives of delicacy
would apply to him on the present
occasion. After a short conversation
between Mr. Meftae and the accused,
which we did noi distinctly hear,Mr.
MecRaewas excused.
10. Francis If a/.'.-er.—Mr. Burr. I
challenge Mr. Walker.—Mr. W. I
intended to have stated my objecti-
ons to serving. 1 believe the pLnsat-
tributed to Col. Burr were such as be
had really formed : that hecontena-
platul the separation of the Western
from the Atlantic States, and that af-
ter, seizing on New-Orleans, he in-
tended to attack Mexico.
11. Benjamin J. jrVarmhad receiv-
ed and Still retained au opinion that
A. B. had been guilty of something;—
Set aside.
12. Jacob Ege had formed and ex-
pn ssed strong prepossessions'against
the accused.—Set aside.
13. Tarlton Williams was not a free-
holder.
14. Robert Adams had made decla-
rations auainst the accused.
15. Nathaniel Wilkinson. Mr. Burr.
Mr. WiikinsOn will be good enough
to declare whether he has not formed
and expressed opinions against me ?
and very strong ones ? Mr. W. \ es :
very strong ones indeed—set aside.
16. Abraham Cawley had formed
and expressed opinion* unfavourable
to the accused.*— Set aside.
17- Col. Wm. Jivntley vvasaccept-
formed an, opinion on this subject,
without intending to say, on winch
side that opinion leans. Mr Randolph
was discharged.
The Chief Justice then instructed
the deputy marshal! tosuinu.oii twelve
additional Jurymen by tomorrows
Mr. Burr. The Marshall can hand
me the list of them tins evening.
The court then adjourned* till to-
morrow 10 o'clock.
Tuesday, Sep. 8.
No measure of importance was
adopted this day.
Mr. Hay informed the court, that
his messenger had not returned from
Monticello.
Mr. Israel Smith appeared in court
and was bailed on he nidictin eut of
a charge of a misdemeanor ; fjimsi if
in the sum of 5000 dollars and his .-e-
cunties John Bi Walton and John?
Alcock in 2i00 dolls, each.
The names of the jurors who had-
been summoned were ca led ever;1
Messrs- John Richanis, L';<.uei Pr.< e,.
William M'K.ini, Robert Mayo, Ro".
bert *****, Benjamin Stetson ware
sit aside on account i f their pr vjdus*
iiiij;ie |
