Newspaper Page Text
‘■Mr. Wickham wished she bu
fmefs to be finifhed. If gen.
Wilkinson was on his way,
whether by land or water, it
may be ex petted that every
port will bring us fome intelli
gence of him. He hoped that
the grand jury would (till have
patience.
Mr. Randolph observed,
that the grand jury had mani
fcfted great patience, that they
only wished to do their duty,
had never delired to be pro
rogued or difmifled, and were
still ready to do their duty.
Mr. Wickham explained—
He had no doubt of the dispo
sition of the gentlemen of the
grand jury to do every thing
which their duty required—he
was only anxious left the do
nieftic affairs of someone gen
tleman of the grand jury might
poffibiy prevent his attendance.
judge Mar/hall then pro
posed, that they should be cal
led over at 4 o’clock on Mon
day. It being recommended
by fome gentlemen that they
should not dilperle. On the
luggeltion of one of the gen
tlemen, the grand jury was ad-
until 2 o’clock on
Tuesday next.
Tuesbat, June s*.
Present the Chief Justice f
the United States,Cyrus Grif
fin, District Judge.
The Grand Jury had been ad
journed till 2 o’clock. About 3,
thrv all appeal ed,and their names
j|k.b g called ©ver,
Mr. Hay olnerved, it might
be proper to inform the court,
that he had received no further
intelligence of gen. Wilkinson,
except what was contained in the
little scrap of paper in his hand.
It was an extract from a Nor
folk paper, and he believed the
latest wnich had been published,
the gentlemen from that part ot
the country |g| *'d say whether
it was so or not:: (Mr. Hav here
read an extract from the “ Pub
lic Ledger” of the Jth instaut)
This extract only proves, con
tinued Mr. Hay, that gen. W.
had not left N. Orleans in the
earlv part of May. My infor
mation therefore was not alto
gether correct : The express
w hom Mr. Millikin met, had not
travelled with the same expedi
tion, nor arrived at New Orleans
as early as 1 had expected. Per
haps he did not reach that city
before the 9th or 10111 ot Maj.
We have evidence however to
prove that a summons had been
sent to him. This fact complete
ly shows that he was at New Or
leans. My hopes are theietorc
stronger, that he has actually re
ceived the summons and I have
not the smallest doubt that he
will soon at riv e here. I lie coui t
will well recollect, that from the
calculation which 1 hid submit
ted to them, l concluded that he
could not be he re before the I4tn
or 15th. It is my most anxious
wish, for the sake of economy,
of expedition, and what is oi
still greater consequence, the
justice due to the countiy and
the accused, that this trial should
be completed during the present
term. Almost all the witnesses
are here, I am sorry to be forced
to make so many apologies to
the grand jury, who have alrea
dy manifested so much patience,-
but I tug tuem to recollect, the
extreme importance oi tile pre
sent trial and that it will pern.ips
be the last tunc, that they are
placed m this situation.
Ihc Chief Justice presumed
•that the mail Iroin Norfolk
would not arrive here, uuul the
day alter to morrow.
Mr. Hay said thac it had ar
rived the day beloie.
Mr. Asariin. 1 have an ex
tract from another iXoifoik pa
mper one day later, than the one
quoted uy the attorney , air ■ 11.
here read an extract iroin the
“ Norfolk Herald” of the 6th
instant) :
The ship news in the same
paper states, ibat the Hannah
had left N. Orleans 27 days be
fore.
Mr. Hay. If these are differ
ent vessels —
Mr. Martin. The same vessel,
sir,
Mr. Hay. These vessels may
convev some intelligence to
Washington •respecting general
Wilkinson, which may conse
quently reach ourselves.
Mr. Burr. I hope, sir, it will
not be understood, from the ob
servations of my friend (Mr. M.)
that I mean to take any part in
this business. I shall certainly
not interfere with the Grand Ju
rv in this stage of the affair.
The proposition of ihe gentle
man has mv cordial concurrence.
The Chief Justice observed,
that if the jury were adjourned
till Thursday some passenger
might, perhaps, arrive in the
next Norfolk mail, with some in
telligence about gen. W.
Mr. Hal/ presumed, that the
Jury would not probably be
wanting before Saturday.
Mr. Burr hoped that the jury
would be adjourned lor as short
a time as possible •• at all events
not longer than lhuisday.
Chief Justice. This is Tues
day.— Ihe atiorney for the U
nited States cannot probably ex
pect gen. W before Thursday
if he comes by water.
Mr. Hay knew not how he was
to come. Ii bv water he certain
ly could not be expected betore
that time ; and if oy land he
would certainly requite one day
to recover from the fatigue ol
travelling.
The Chief Justice then ob
served to the Grand Jury that
thev were adjourned till 1 hurs
day 10 o'clock.
Mr. Burr then addressed the
court. There was a proposi
tion which he wished to submit
to them. In the president’s
communication to Congress, he
speaks of a letter and other pa
pers which he had received fro 11
Mr. Wilkinson nnder date ol
21st October. Circumstances
had now rendered it material that
the whole of this letter should be
produced in court.
And further. It has already
appeared to the court in the
course ofrffferent examinations,
that the government have at
tempted to infer certain inten
tion* on my part from certain
transactions. It becomes neces
sary therefore, that these trans
actions should be accurately stat
ed. It was, theietore, material
to show in what circumstances
1 was placed in the Mississippi
Terrnory ; and ot coarse to ob
-tain certain orders ot the army
and the navy which were issued
respecting me. 1 have seen the
order of tile navy in print ; and
one of the officers of the navy
had assured me that this tran
script was correct. liie iustruc.
tions in this older were, to de
stroy my person and my proper
ty, in descending the Mississip
pi. Now l wish if possible to
authenticate this statement ; and
it was for this purpose, when I
passed through Washington late
ly that 1 addressed myself to Mr.
Robert Smith. I hat gentleman
seemed to admit the propiiety
oi my application, but objected
to my course. Tie informed me
that if I would apply to him
through one of my counsel, there
could be no difficulty in granting
the object of my application. 1
have since applied in this man
ner to Mr. S. but without suc
cess. Hence i leel it necessary
to resort to the authority of this
court, to call upon them to issue
1 a bubpoena to the President of
the Untied btates, with a clause
requiring him to produce certain
papers ; or m other words to is
sue the -uiq cena duces tecum. —
The attorney for the U. States
will however save the time of
this court if he will consent to
ptodute the letter of the 21st
October, with the accompanying
papeis, aud aim authentic ordcis
of the navy and war depart- j
ments.
Mr. Randolph observed, that
he knew not, whether it was ne
cessary for him to support Col-
B’s motion : that he had been in
formed by him of his application
through a friend to Mr. Smith,
and of Mr. S’s refusing to grant
the application, unless it were
made through one of his counsel.’
that he had himself, therefore
addressed a letter to Mr. S. in
forming him of Col. B’s state
ment. To this he had received
a letter, which seemed like a
personal communication to him
self, but as he had not requested
him to withhold it from colonel
Hurr, and as it contained infor
mation material to him, he had
shown it to col. Burr.—Mr. K.
regretted that he had not the let
ter then about him : but the sub
stance of it was, that the order
which had been alluded to was
only lor the officer to whom it
had been addressed, and was to
be setn only by him. He added
that he had written in reply to
Mr. S. that he never would have
applied to him for it but for two
reasons, that it had already ap
peared in a Natchez Garette ;&
that Mr. Van Ness (the friend
of col. B.) had informed him of
Mr. S’s unconditional promise to
lurniah the order if he was pro
perly applied to for it.
Mr. Burr observed, that r to avoid
ah poiibld misconception, he thought it
proper to Hate, that Mr. Van Nefs had al
lured him of Mr. Smith’s poGtive and un
qualified promise to furnilh the answer if
applied for through counsel.
Mr. Hay declared he knew not for what
this information could be wanted; to
what purpose such evidence could relate,
and whether it was to be used on a motiou
tur commitment or on the trial in chief
Mr. Burr. Mr Wickham an i Mr. Mar
tin. observed that perhaps on 6oth; ac
cording as eircumftances might require.
Mr. Hay l suppose this court will not
proceed but upon fadfs. Now a letter of
the 41 ft of October is fpnken of; hut has
this letter been yet identified? —He hoped
that 1 he court would not ilTue the Subpoe
na duca tecum, until they were fatisiied
that tney lid the authority to ifiuc it, and
that the information required was material
in the present c. fe.
Mi Wickham observed, that the pre
sent was limply inteuded as a notice of a
motion to be brou ht before the court;
which motion might be difenffed either to
day or t >-moriow.
Mr Hay declared that all delay was unne
ceflary; but he pledged himfelf, if pofiiblc,
to obtain the papers which were wanted,
and yet not only those, but every paper,
which might be neceflary totheclucidation
of the case.
Chief Justice observed that all delay was
obviously improper, that if the papers
were wanted they ought to be obtained as
fooo as poflible; and not perhaps delay
the ulterior stages of the prosecution.
Mr Hay dated, that he had already re
ceived a communication from Mr. Wick
ham on this subject, and intended to have
informed him. that he would write for all
the papers which were wanted, (and he
had no doubt he should obtain them) if
the court judged them material— The fa&
was that he had already in his poffeflion
Mr. Randolph's correspondence with Mr.
Smith, and the order from the uavv de
partment; but in his own opinion, they
no more related to the present prosecu
tion, than the firft paragraph of the firft
page ol the a<£t< of Congress.
Chief Justice enquired whether the Nat
chez Gazette was in court.
Mr, Burr. No, Sir; but I have already
seen the fame order in other papers; and
have no doubt that al mod every perlon
has Ar Natchez it was a subj <st of sur
prise that such an order had ever found its
way into public print.
Mr. Hay repeated, that if the gentle
men would furmfh him with a lift of such
papers as they wanted, he wouldat'empt
tw ohtaiu them, if the court thought t hem
material. Os what use were they? Were
they too to be laid before the Grand Jury,
to diftradt their attention; and to present
under another point of view another lub
ject for their confider.it on? He had sup
posed that the raafs of matter to be laid
before them was large enough already.
Chief Justice observed, that it was im
poffiiile to determine their use, without
hearing them. He would much rather
that the opposite couofelt should make an
arrangement with each other suitable to
them both—and that the court itleif was
not now disposed to make any arrange
ment. But if the parties could not come
to any agreement, he should then with to
hear fome argument on the subject: to fa
tisfy him, whether the court had the right
to ifiue a fubpama duces tecum.
Mr. Burr obfrrvcd that he had been
told it was the constant practice in this
Rate to ilTue such fubpeenas upon the ap
plication of a party.
Chief Justice had no doubt it was the
custom to do it, where there was no great
inconvenience to the party summoned; that
it seldom occurred; but that he was inclin
ed to think where great inconveniencies
would relult to the party summoned, that
the materially of hfs testimony should be
fully lhown, If papers are to be obtained
from a Clerk’s office, such a fubpeena may
be iliued, and though not upon affidavit,
yet where there lus been good cause
shown,
Mr. Martin said that there would he
no inconvenience, as the President might just
transmit the papers wanted by mail
Mr. Hay observed, that Mr. Martin’s
remark superseded any further proceeding;
why apply to the court to ilTue a subpoena
to the President, unlefs.pcrhaps it wasthenc
ceffary form for abtaining the papers!
Chief Justice. The reason is, that in
case of a refufal to fend the papers, the
officer himfelf may be present to show
cause. This subpoena is iliued only where
fears of this fort are entertained.
Mr .Hay said, that no application had
yet been made to the secretary of State for
gen. W’s letter nor to the department of
war for its order.
Mr. Martin. If one department re.
fuses, we may presume that the others
will.
Mr. Burr. If the gentleman
grants our demand,he may pro
pose any alteration in its form
that he pieafes.
Mr. Randolph. If any ar
rangement can be made to ob
tain thele papers, we would ra
ther that it (hould be a volun
tary aft on the part of the gov
ernment.
Mr. Hay. I will attempt
to obtain these papers—any, in
faft that gentleman may want,
if the court will but fay they
are material.
Mr. Wickham. Col. B’s
counsel knows little of the im
portance of these papers but
from himfelf; and from that
they are fully persuaded of their
great importance. The attor
ney for the U. States fays, that
so far as his personal exertions
will go, he will attempt to ob
tdn them and firmly believes
that his application will be fuc
cefsful. But, fir, at Washing
ton they may entertain very
different views from himfelf:
under such circumttances, it is
better to encounter the delay
of three or four days to ob
tain the authority of this court,
than trufi to an expedient
which may be unavailing. But
I fee no neceflity for any such
delay; as the order may at
once issue by consent of parties.
\s to the order from the Navy
Department, a copy may be
fufficient: the original is alrea
dy gone out. As to Wilkin
son’s letter, we wish to fee it
felf here; and surely it may be
trusted in the hands of the At
torney for the United States.
Mr. Hay. It Teems then
that copies of papers from the
government of the U. State*
will not be received. They
are not to be trusted.—Aster
such an observation, fir, I re
traft every thing that I have
promised. Let gentlemen, fir,
take their own course. Here
fome warm, desultory convcr
lation took place at the bar,
when Mr. Wickham observed,
that as the unfortunate expres
sion fell from him ; he thought
it proper to explain. He had
intended no insinuation agairtft
the fairnefs of the government;
that the diftinftion he had
drawn between an original and
a copy simply telulted from
his anxiety to obtain the high
est pofftble degree of evidence ;
hence he preferred the original
to the copy; that if Wilkinson
was here it would be necessary
to meet him with his own letter;
perhaps in no other way.
Mr. Hay. That explanati
on removes the difficulty.
Mr. Wickham. We wish
to confront him with his own
letter. Mr. Hay. Perhaps they
may not be able to remove the
original, as it is already filed in
the department of ftatc. Mr.
Martin. We are ready to
go on with the difcuffiun.—
Mr. Wickham. The Prefi
dem’s message mentioned, that
this was a letter to hiinleif.—
Mr. Hay. I hope the court
will remember that remark.—
The letter these gentlemen hen j
want is addressed to tj. i0
Jefferfon. Have they
to demand any but public let.
ters ?—Mr. Martin. Th e p r ,
fi dents t message said, it was $
dressed to hirn as President Q
the U. States. Mr. Hay. j;
it be a public letter, it ’ j s 0 j
course deposited in the depart,
ment of ftaie. I have no ob’
jeftion, since this insinuation
has been removed to repea:
my promise to apply f or
these papers, if the court thinks
them material; and when the
business arrives at the pr o n e ,
stage, they may then be pro’
duced. I hope that no mor ,
time will be wafted in tjiefe pre,
liminary stages ; and that fuel
arrangements may be adopter
as will prevent this useless coir
fumption of time and ol bread,
Mr. Randolph had no reafoi
to believe, that there had been
more delay on his fide, than
on the other ; that if time wai
to be coufumed at all, mon
would be employed in remov
ing greater difficulties than ha
already been done; that !i:
however only hinted at hi
now. He declared with Mi
Wickham his perfeft concur
rence in this cneaiure.
Mr. Botts. Unanimoulif
so, lam sure. Sir, I canno
fit down, and hear complaint
so unnecessarily repeated aboii
the walle of time. ( Tis time
Sir, to be done with them;’ll
time that we (hould enjoj
something like the liberty
speech. Mr. I lay makes,
think, about a dozen times 1
many speeches as any otha
gentleman; and each speech
longer than those of other I
sons; and yet we cannot open
our mouths, without his found
ing loudly his complaints 1
the ears of this Hall. On tail
case of unequalled magmuiA
fit all we not be buffered to dc
clare our opinions; withou
this unnecessary complaint 2
bout the consumption of th
court’s time ? We feel the mai
nitude of our duties, and w
shall firmly discharge theny
spite of Mr. Hay, It is obv
ous to you, Sir, and to eve;
body, that the delay is not wii
us. If,Sir,you call for an argi
ment, we arc ready to , roceei
But if you are iatisfied. —•
Chief JuJlice. If theatto
ney for the United States
fatisfied that this court has
right to issue the subpoena, i
ces tecum , I—Mr. Hay i ’
not, fir,
Chief JuJlice. I am n(
prepared to give an opinion 0
this point; & therefore Imu
call for an argument.
Mr. Hay. When I w
that there had been a gt £
consumption of time, I certai
ly did not mean to mfinuai
that they only consumed it.”
I have certainly had my > u
propoition. I thought
ever that my propofiuon won
have saved fome time ; ana
am still willing to repeat n>
promise. „ .
Mr. Randolph. 1 hat
court may underlland u., *' !
read to them the form o
fubpeena which we, 1
obtain. (Here Mr. K. re | i ’
{ketch before him.) M r ; - .
We will be under the duett
of the court, whether we
proceed in the argument to
or to morrow. —Unej 3 J
Unqueltionably, t |)eic: ll
be arftargutnent, if the alto
for the U. S. disputes the
thority of the court.
Mr. Hay. Whatever -
gentlemen may think y