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ilitmfiiitti $3 M> ltttttt'Hl * «' , yTir I }Lj| 4& i. i fivjn VOL. IV. No. 206] Three dollars per annum.) PUBLISHED BY GEO: F. RANDOLPH, NORTH BROAD-STREET. (Half in advance • TRIAL of COLONEL BURR. FEDERAL COURT. Wednesday, June 10. An uncommonly animated and elo quent discussion commenced on the subject of Col. Burr’s motion for a writ of subfuena duces tecum, to summon the President of the United States to pro duce as evidence of the original letter of Gen. Wilkinson (dated the 21st clay of October, 1806 and referred to in his message to Congress in January last;) together with copies of the orders which were issued by his directions to the naval and military officers of the Unit " ed States, commanding them to sup press the conspiracy imputed to Aaron Burr. Mi. Huy contended that a prelimi nary question ought to he decided ; whether in the, situation in which Col. Burr now stands, before any bill of in dictment ha 6 been found against him, he could, as a matter of right, move lor any subpoenas for witnesses in his favor. He stated that he had written to the President, requesting him to send on the documents which were wanted; and he doubted not they would be furnished. But as the gentlemen on the other side insisted on the sub poena duces tecum as a process to which they had a right , and founded their motion on a supposition that the President would refuse those docu ments he would, examine the founda tion of'ttoetaight for which they con tended- Tire court consented that the previ ous question should be first discussed. Mr/Jiay^o pened the debate, and en deavored to demonstrate that the mo tion made by Col. Burr was prema ture. He laid down this broad propo sition that no person accused lias a right to subpoenas until he is on his tri al, that is, Until the grancPjury have found a bill ot indictment against him. In order to show the prematurity of the motion, he asked, if the President was actually summoned and attended, what could be done with his evidence ? It could not be used unless the trial should come on ; unless the bills of in dictment should be found true bills.. Mr. Wickham on the other side, in sisted that the motion was only made through a spirit of accommodation, for the clerk was bound to issue the sub poena at the request of Col. Burr. — He declared that this was the first time he had ever known the doctrine advanced, that a person accused was not entitled to subpoenas for his witnesses. Mr. Bolts read an act of Congress which proves the right of a person ac cused as well as of a person indicted to have subpoenas. The court seemed inclined to decide the point against Mr. Hay; but desir ed it to be reserved as a part of the ar gument on the main question, in the opinion of the court on which the pre vious question would be involved; and directed Col. Burr’s counsel to com mence their argument in support of their motion for a subpoena duces te cu-Vn to the President of the United States. Mr. Martin delivered a very animat ed harangue. It consisted in a great measure of impassioned declamation on the wrongs which he alleged Col. Burr had sustained, intermingled with sarcastick insinuations against Gen. Wilkinson and the President of the United States. With respect ’td Wilkinson’s letter to the President, he said it was wanted to confront him in case he should be introduced as a witness, and to show that he had given contradictory state ments at different times concerning Burr’s transactions : that the affi davit filed !>y Col. Burr in support of his motion was sufficient together with the opinion of his counsel, that the let ter was material to authorize him to demand its production. As to the or ders which the President had issued ; he' admitted that they might have ap plied for copies of those official copies, and that every citizen had a right to demand them without applying for a writ of subpoena duces tecum; but that the Secretary of the Navy (he presum- AUGUSTA, GEORGIA. ed by the President’s directions,) had j refused those for which he had been * applied to, and the other Secretaries would probably act in the same man ner. The process desired was there fore necessary to obtain them.—The object for which they were wanting he candidly stated to be to show that those orders were illegal, unconstitutional, ar bitrary and oppressive ; that Col. Burr had a right to resist them ; and that the armed assemblage of men under his com mand, (if such an assemblage ever exist ed) was only for purposes of self defence and resistance to oppression ! Mr. Martin farther stated that the opposition of the counsel for the U. States to this motion would leave an impression on the publick mind that the President would be sorry if Col. Burr should prove to be innocent, be cause he had in his address to congress, prejudged and declared him guilty ; that he had denounced him as a traitor, and let loose against him the bloodhounds of persecution, and hunted him into the toils ; that the President had himself oc casioned all the clamour against him, and ought not to be permitted to with hold any papers which might vindicate a citizen whose life was in danger ; that, if he did withhold them, and Col. Burr should be condemned) he would be a murderer, and so recorded in the regis ter above. He sfcid that he doubted Whether the testiqMpy of Gen. Wilkinson would be cornaw; that he had already violated his oath to support the constitution, and was interested to establish the guilt of Burr to excuse himself. It was there fore peculiarly necessary to confront him with bis letter. Mr. Martin, also observed that any inconvenience which might attend the production of these papers ought to be disregarded ; because the law g.tve Col. Burr a right to demand them. But in fact, there would be no inconvenience. —They did not want the personal atten dance of the President: he might com ply with the subpoena by sending the original letter, and the copies required. Mr. Botts next spoke, and was follow ed iby Mr. Wirt on Wednesday, by Messrs, Hay and Randolph on Thurs day, and by Mr. Martin again on Fri day. MM SATURbAV, June 13th. Mr. Burr thought it proper to men tion, that his counsel had understood, that a supplemental charge had been written by the court: that it had been put into the hands of the Attorney of the United States, and that it was to be shown to his own counsel, before it was delivered. From the want of time, however, or from some other cause, it had not yet been submitted to his coun sel. The court had yesterday request ed a copy of his propositions, that they might judge of their application ; and if satisfied on that point, that they might give additional instructions to the jury. His counsel had complied with the request: and though it was not possible for the court at first to have perceived whether a supplemen tal charge was necessary, yet it had now appeared from the whole course of the argument, that each of his pro positions would come before the grand jury. If the court was satisfied on the law, they would of certainty instruct the jury on such points as seemed in evitably to come before them : But if they had any doubts on the law, they would certainly require an argument; and that he was then ready to demon strate the truth of each of the proposi tions which he had submitted. He should make no remarks on the con sumption of time, of which gentlemen made so many complaints ; he should only observe, that three weeks ago he was ready to argue these points. But he was even willing to limit the time to be employed upon the present argu ment; even to a certain number of min utes ; he was even willing to argue the points in the way of notes submitted to the court. - Chief Justice stated that he had drawn i up a supplemental charge, which he : had submitted to the attorney for the • U. S.; with a request that it should —-a-- ■ m „„ fl-, -1— — 1 j also be put into the hands of col. li's counsel; that Mr. Hay had however informed him in the conversation which he had just had with him, that he had been too much occupied himself, to in spect tlie charge with attention, and deliver it to the opposite counsel; hut another reason was that there was one point in the charge which he did not fully approve. He should not there fore deliver his charge at present; and should reserve it until Monday. In the mean time col. B’s counsel would have an opportunity of inspecting it; —and an argument might be held on the points which had produced an objecti on from the attorney for the United States. Mr. E. Randolph. Is it the wish of the court that tlie argument should he carried on orally or in writing ? C. Justice. lam willing to hear the re marks on both sides in writing. Mr. tiny objected to this method from the excessive labor which it would impose upon them either way.—The Chief Justice declared that it was per fectly indifferent to him. Mr. Alartin assured the court that it Was perfectly convenient to him to argue the point either orally or in wiling Mr. Wick ham stated, ( that the Attorney for tin- U. S. wished to ohji cl to certain pro positions which Col. B. had submitted to the court; that he was ready to go into this discussion immediately ; that the Attorney for the U. b. preferred an argument orally before the court to one in writing ; and that this was in fact, the very course which col. Burr’s counsel had first recommended. Mr. W. hoped that tins supplemental charge would be given to the jury, before the witnesses were sent up; that the coun sel for tlie prosecution preferred the contrary, hut certainly the most impro per course; The Chief Justice observed that the court would also have wished that the charge should have been delivered, be fore the witnesses Were sent up: but that it was almost indifferent to him, whether the testimony w r as submitted to the grand jury before or after the delivery of the charge; that it was of ten the custom for the petit jury itself to hear the testimony before the law was expounded; and the same practice might extend to the grand jury ; for it was extremely easy for them, after they had heard the testimony to apply the instructions of the court and distin guish those parts which were admissi ble from those that were not so. It was not for instance absolutely neces sary for them to know, previous to the delivery of tlie charge, that two witnes ses were necessary to prove the overt act even before a grand jury. When the charge had been delivered ; that principle would apply to the testimony which they had actually heard : and though it was desirablt that the charge should precede the testimony, yet it was not so essential as to interrupt the proceedings. The discussion of this question was at length waved ; when the Chief Jus tice delivered his opinion on tlie motion to issue a subpoena Duces Tecum direct ed to the P. U. S. When tlie Chief Justice had con cluded his opinion, Mr. M‘Rae addres sed the court to the following effect: I hope, sir, that I have misunderstood an expression, which has just fallen from your honor; but the opinions of those gentlemen, who are near me, complete ly confirm my own conceptions. Your honor lias declared, if 1 mistake not, that “ if tlie present prosecution termi nates as is wished, on the part of the United Slates." I hope, sir, that no thing has appeared in my conduct, no thing in the conduct of the gentlemen who are associated with me on the pre sent occasion, and nothing in the con duct of the government, to produce such a conviction in the breast of the court. Permit me, sir, to assure this court, if we feel any sentiment all, that it is one of a very different description. The impression which has been thus conveyed by the couvt, that we not on ly wished to have A. Burr accused, but that we wished to convict him, is com pleatly abhorrent to our feelings. We SATURDAY, JULY 4, 1807. **■'-*■' - n j— trust that it has rather accidentally fall en from the pen of your honor, than that it is your deliberate opinion. We wish for nothing, sir, but a fair and competent investigation of this case. It is far from our wishes, that A. Burr should be convicted but upon the most satisfactory evidence. And let me as sure this court, that nothing would more severely Wound my feelings, than if you or il any other man should sup pose it possible that 1 lyysclf or the: gentlemen with whom I am associat ed, or the government which we have the honor to represent, should at all events desire tlie conviction of the pri- I sotler. The Chief Justice rep’ied, that it was hot his intention to insinuate that the Attornies for the prosecution or that the administration, had ever wish* ' ed the conviction of col. B. w hether he was guilty or innocent; that his asser tion was this: gentlemen had so often and so uniformly asserted that Col. B. was guilty, and they had so often re pealed it before the testimony was per ceived on which that guilt could alone be substantiated, that it appeared to him probable, that they were* not indif ferent on the subject. 9 Mr. Hay asked whether he might not send tip the witnesses to the grand jury ? Mr. Burr then pressed upon the court the necessity of giving the supplemental charge ; tbi t it would be • ol considerable benefit in instructing the jury to stbe'rate jyhat was proper (hi the- tvidc-nfe from whTtvns t fit pro* 1 per: that if the charge \f is not deUvi-r --ed for several ddj's, jury might in the mean time lit r.ceirit g wry f.dse impressions l ; and that their hiind might he so completely involved in these im pressions, that it wouftf be impossible for them to sip.yte them from their decisions, even „Ryr the d livery of lire charge. He epnrcfvtcl that tf.e-’couit ought either to piVYuit the witnesses from going to the grand jury, or to de liver iis supplemental charge The Chief Justice replied that on Monday morning lie would deliver the charge, if all the necessary preliminary points could be settled. Mr. Hay then requested the clerk to swear, four of the witnesses. Thomas Truxton, Win. Raton, Benjamin Stod dei t and Stephen Decatur were accord ingly sworn and conducted to the jury- Vuottv. Mi. Burr hoped that the cnUrt would immediately take up the supplemental charge to the jury. What was the ob jection which the attorney for the U. S. has submitted to your honor, and on which you seemed to entertain some doubts ? Chief Justice. It is, whether the sta tute of Edward VI. was now in force in this country. Mr. Randolph. We are ready on that point sir. The Clerk then proceeded tt> call four other w itnesses to the Book ; but when Erick Hoffman appeared, Mr. Hay addressed the court to the follow ing effect: Before Mr. Bollmati is sworn, I must inform the court of a particular, and not immaterial circumstance. He, sir* has made a full communication to the government, of the plans, the designs, and views of A. Burr. As these com* munications might criminate Dr. Bell man before the grand jury, the Presi dent ot the U. S. has communicated t® me this pardon (holding it In his hand) which I have already offered to Dr. B. He received it in a very hesitating man ner ; and I think informed me that he knew not whether he should or should not accept it. lie took. it from me however, as he informed n e for the purpose of taking advice of counsel- He returned it in the same hesitating manner: lie would neither positively accept nor refuse it. My own opinion is that Dr. B. cannot under the’se cir cumstances possibly criminate hittiself. , This pardon will compleatly exonerat g him from all the penalties of the lav I believe his evidence to he extreme im material. In the presence of this Cot ,rt I offer this pardon to him, and if he re fuses, I shall deposit it with the Cl c rk for his use.—-Will you, sir, (addr