The Wilmington Gazette

              published every tuesday by allmand hall at three dollars a year payable in advance or four dollars if not paid within a year " chltjfjuloct obferved that all delay was obvioully improper lhat if the pa pers were wanted they ougbt to be ob tained as foon ai potlible 1 and not per haps dtlaj ihe ulterior iages of the prufe cution mr hay dated that he had already re ceived a communication from mr wick ham en this fubjed and intended to have informed hint that he would write for all th papers witch were wanted and he had no doubt le fhould obtain them if the court judge them material the fad was that he hsi already in his pofleflioji mr randolphs coirefpondence with mr smith and hg order from the navy de partment j but in bis own opinion they oo mure related to the prefem profecution than the hirt paragraph of the nrlt page of th jfl«of congrrfs chief jufiiti enquired whether the natchez uaiette was in court mr birr no fir ; but i have al ready fceu the fame order in other papers ; and have 10 doubt that alnioft every per fon has at natchet it was a fubjeti of furpnfe t'lat fuch an order had ever found i's way into a pul.lic print mr hay repeated lhat if the gentle men would furnilh him with a iii of fuch paper at they wanted he would attempt o obtain them if ihe court thought ihcn material hi what 11 le were they ! were they too to be laid before the grand jury to dillnct their attention : & to prefent un der another point of vitw another fubjsd for ilieir coitnlcraiioii ? he had fuppolrd that the miti of matter to bu laid before them wai large enough already t.hitf juflict ohferved that it was im pohibie to determine their life uiihout ifearinf them he would much rather that ihe oppofiie counfeu fhould make an arrangement with each other fuiiahle to them both—and that the court it felf was not now lif|u>(ed to make any arrange ment but if the parties could not come to any agreement he fhnuld then wifh to hear fome argument on the fubjuct to fa tisfy him whether the court luil the right to iltue a fubpaena duttt return mr btrr nblerved lhat he had been told it was the conftani practice in this i rate to iflue fuch fub ocnas upon the ap ptiewttnn (» a party i < tie jnftite had no doubt it wai the ; culli in to lio it where there was no great ! inconvenience to the patty fummoneil } • thai ii uldoin occurred : but that he was j inclined 10 think where great inconven i knee would refull to the parly fummoned i that ihe materiality of his ttitimonv i ihould be fully hown if papers are to i be obtained from a clerk's oflice fuch a j sub|icc a may be illued and though not upon affi ia»ii yet where there has been good caufc hewn mr martin faid that there would be no inconvenience \ as ihe prtftdrnt might jult tianfmit the papers wanted by the mail j mr hay obferved lhat mr martin's remark fuperfeded any further proccrd ing } why apply to the court to ilhe subpoena to the prefident unlefs perhaps it wds the neceffary form for obtaining die papers ? chief jufiiee the reafon is that in ca{e ot a refulal to fend the papers the officer himfelf may be prefent to bow caufe this subprc.ia is iflued only where fears if this lort are enteitained mr hay aid that no application lud jret been made 10 the secretary of ttate for gen w's letter ; nor to ihe depart . ment of war for its otder mr martin if one department re fnles we may ptefume that the others will mr burr if the gentleman grants our deii'.ai.d he may p'ropofe any alteration in its for ro that he pleales mr rantmph if any arrangement can be made to obtain thefe papers we would rather that it ihould be a voluntary act on the part of the government mr hay i will attempt to obtain thefe papers — any in fa lhat gentleman may want if the court will but fay they are material mr h'ickham col b's counsel knows little of the importance of thefe papers but from himfelf ; and from that they are fully perluaded of their great impor tance the attorney for ihe united states fays that fo far as his perfonal exertions will go he will attempt to obtain them and firmly believes that his application will b fuccefsful but fir at wathing ton they may entertain very different views from himfslf : under fuch circum ftancei it is better to encounter the de to ftibmit to them in the prefi.ient's communication to conjjrcfs he fpcaks of a letter and other papers he had received from mr vvilkinfon under date of 31ft october circumflances had now render ed it material that the whole of this letter ihould be produced in court and further it has already appeared to ihe court in the courfe of different ex aminations that the government have at tempted to inter certain intentions on my put from certain tranfa&ions it be comes necellary therefore that thefetranf actions ihould be accurately hated it was therefore material to how in what cir cumflancet 1 was placed in the mifliflip pi territory ; and of courfe to obtain certain orders of the army and the navy which were iflued refpr.cling tor 1 have iccn ihe order of the r.avy in print ( and one of the officers of ihe navy had allured me that this tranfeript was correct the inltructions in this order were to rleltroy my perfon and my properly in descend ing the mifliltippu now i with if pof fible to authenticate this ftatement ; and it was for this purpofe when i palled thro wellington lately that i addreited my felf 10 mr robert smith that gentle man feemed to admit the propriety ol my application but objected to my courfe he informed me that if i would apply to him through one of my counfel theie could be no difficulty in granting the object of my application i have fince applied in thik manner to mr s but without fuc cefs hence i feel it ncccllary to refort to the authority of this court to call up on idem to iltue a subpoena to the pre fident of the united states wiih a claufe requiring him to produce certain papers ; or in other words to iltue the sub|><fena jucet tenon — the attorney for the united state will however fave the lime of this court if he will confent to produce the letter of the atft october with the ac companying papeit and alfo authentic orders of the navy and war departments mr randalfh obferved that be knew not whether it was neceffary for him to fupport col b's motion : that he had been informed b him of hit application thro • friend to mr smith and of mr s's refuting to grant the application unlef it weie made through one of his counit-lt that he had himfclt therefore addreflcd a letter to mr s informing him of c<>1 b's flatement to this he had received a letter which feemed like a perfonal coin munication to himfelf but as h had not rcquefled him to wiihhold it iroin col burr and as it contained information ma terial to him he bad hown it to col burr mr k regretted that he had not the latter then about him : but the fub dance of it wu that the oider which had been alluded 10 was only for the ofii cer to whom it had been addrcfled and was to be feen only by him he added that he had written in reply to mr s that he never would have applied to him tor it but for two rcafons that it had al ready appeared in a natchrt gatette and that mr van nefs the friend of col 13 had intoitned him of mr s's uncon ditional promife to furnish the order if he was properly applied to for it mr burr obferved that to avoid all pollible mifconccpticn he thought it pro per to rate that mr van nef had aftur ed him of mr smith's pofitive and un qualified promife to furnifh the auiwer if applied for through counfel mr hay declared he knew not tor what this information could be wanted ; to what purpofe fuch evidence could relate and whether it was to be ufed on a motion for commitment or on the trial in chief mr burr mr h'ichham and mr martin obferved that perhaps on bothi according as circiimflances might require mr hay 1 fuppofe this court will hot proceed but upon facls now a letter of the 21 ft of oflober is fpoken of but has this letter been yet identi fled i he hoped that the court wiuild not iltue the subpccna duces ttcum until they were fatishej that they had the au thority 10 iflue it and that the informa tion required was material in the prefent cafe mr it'ickham obfervet that the pre fent was fimply intended as a notice of a motion to bo jro-jght before the court ; which moiio.11 might be difculled cither to-day or to-morrow mr hay declared that all delay was un necellary : but lie pledged himfelf if pos fiblc to obtain the papers which were wauled and yet not only thofe but every paper which might be neceffary to ths elucidation of the cafe trial of col aaron burr federal court tut»day june 9 p-efent the chief juftice of the united stales and cyril griffin dulriit judge the grand jury had been adjourned tilt a o'clock about 3 ihcy all ap peared and their names being called o ver mr hay obferved it might bo pro per to inform ilie court that he had re ceived no further intelligence of gen wilkinfon except what was contained ir the tittle crap of paper in his hand it was an extract from a norfolk pa per and he briicvel the lalett which had been publilhcri 1 lie gentlemen from that part of the country could fay wheth er it wn to or not mr may here read an ex rud from the " public ledger of the 5 li inltaot lr.ts exu.n't only proves continued mr hay irui gen w had not left n orleans in the early part of may my inr.-cmition therefore was not altogether cmredls the exprefi whom mr m.l likin met had not travelled with the lame expedition nor arrive at new-orleans as early as i had expected perhaps he t!il not reach that city before the 91b or lo'liof may we have evidence howe ver to prove that a fum nons had been ft.it to him this f a completely hows that he was at new orleans my hopes are therefore ftionger that he has actual ly receive the fun/nous anj i have not ihe finalleft frmbt that he will foon ar rive here tlis court will well recoiled rhat from the calculation which 1 had fub m it ted to them i concluded hat he could not be here before the 14th or 15th it is my moil anxious wilh for ihe fake of economy of expedition and what is of flail greater confrqnencc the jullice due to the country and the accufnd that this trial ihould be completed daring the pre fent term a i mult all the wimeffes art here i urn furry to be forced to make fo many apologies to the grand jury who have already snanileacd fo much patience ; but 1 net them to recoiled the extreme importance of the prefent trial and that it will pertups be the laft time that the are placed in this fituation the chief juflice prefumed that the 1 rrtatl from norfolk would not arrive here until the day after to-morrow mr hay aid that it had arrived the da before mr martin i have an extrafl from another n.>r folk paper one day later than the one j io'e.1 by the aitornry { mr m here read 411 enradt ir«m ihe •* norfolk heaid ol the 6th infunt : the ihip news in ihe fame paper dates that the hannah had left n orleans 27 dtys before mr hay if there are different ves fels-w mr martin the fame veltel fir mr hay thefc vela's may convey fomc intelligence to wafhing'on refpert ing general wilkinfbn which ma con fequentlr reach ourfelves mr burr i hope fir it will not be undarftood from ihe obfervations of my friend mr m that i mean to take any part in this bufi-ufs i itwll certainly not interfere with the grand jury in this ftage of the affair the pofition of the gen tleman lias my cordial concurrence the chief juhice obferved that if the jury were adjourned till thurfday fome paflenger might perhaps arrive in the next norfolk mail with fomc intel ligence about gep w mr hay prejumcd that the jury woull not probably be wanting before sa turday mr burr hoped that the jury would be adjourned tor as hurt a time as poffi blc ; at all events not longer than thurs j cliief juflsce this is tuefjay the attorney for the uuiie-1 states can not probably expea gen vv before thurf day if he comes by water mr hay knew not how he was to come if by water he certainly could not be expected before that time and if by land he would certainly require oft day to recover from ths fatigue of travel ling the chief jurice then obfervej to ihe grand jury that they were adjourned il thurfjrfy 10 o'clock mr burr then addreited the court there was a proportion wiiub he wifticd lay of three or four day to obtain the au ibority of this court ihin trnft to an e ; pedient which may be unavailing but i fee no necefiity for any fuchc'elay ; at iho order may at once iiiue by confent of par ties ai to the order from the navy de partment a copy may be efficient : the original ii already gone out a tovvil kinfon'i letter we wifh to fee itfclr hen ; and furely it may be trnfteri in the hand of the attorney for the u suits mr hay it seen then that copies of ' papers irom he government of the uiiited ! states will not be received they are not ' to be trusted after such an observation sir i reluct every thing that 1 have promis ed let gentlemen sir take their own course her some warm desultory con versation look place at llic bar when mr wickham observed that as the unlorunaie expression fell from him ; he thought it pro per in explain hehr.tl in'indud no insinua tion against the fairness < f ihe government ; tliuttlie distinction he had diawu between un oitginaland a c«py kimj.iy rektilted f-oni bit ui xieiy to obtain the lir-lust possible decree of evidence hence he \>.< in nil the rn^iinl to ilia copy ; thai ii \\ ilkii.snn was here it would be mcts»my to meet him win hibovm letter perhaps in do other way mr liny that tsplaiiuiiuu u incus lha difficulty mr wiclham we wish to confront him with his own letter mr llj l'erhsi s they nu.y not be ubie to rented e the origiiii i as it is already filed in the department of stale mr martin we are ready to po eti with the discussion mr hulliam the i'll tiilrnt'k mf asw^o n\cnti ned i hut ihis va a letter tn hlfhteit mr hoy i hope the court will remt"iber tffat remark 1 he lei ter these jrentlt men then wnnl is nfltlirrsed to tliomus jtfl<.-rt.on have ihey a right tq denund any but public letter ?— mr martin the president's message said it was ad dressed to him as president of the united states mr hay if it be u public letter it is of course deposited in the department of state 1 have no objection bince this in i kinuation lias been removed to repeat my promise to apply for these papers if the court think them material and when the business arrives at the proper stage they may then le produced 1 hope that no more time will bo wasted w these preliminary ttapfes ; and that such arrangement may he adopted as will prevent this useless consump tion of lime and of breath mr kandjfk had no reason to believe hat there l.hil i en more delay on his side fhan en the other that if time was to be consumed at all inom would be employed in removing greater clil firtilties than had already been don ; that he however only hinttd at this rov he d«clui ed with mr wickhum his perfect concur rence in this mrnmit mr hoiis unanimously so i am tvrt sir i cannot sit down and hear coniplaiuta bo unnecessarily repeated abwt the wuste of time tis time kir to be done wifh them | tis time that we should enjoy some thing like the liberty of tptecb mr huy makes 1 think about a dozen times as many speeches ai any other gentleman ; and each speech longer than those of other persons ; and yet we cannot optn our mouths without his sounding loudly his complaints to the earsol this hall on this case of unequal led magnitude si all we not be seffered to declare our opt.:'.on ; without this unneces sary complaint about the consumption of the court's lime we feel the magnitude of of our duties and we shall firmly discharge i them in spite of mr hay t is obvious to i you sir and to every body that the delay i is not with us if sir you call for an ar gument we are ready to proceed but if you are satisfied , chief juuit if the kttorney for f the u 1 states is satisfied ihat this court haa a right j to issue the subpoena decut ttcum i — mr hay i am not sir ; : '/ 3 # " •"• not p re p ret ••» r i an opinion on this point ; and therefore i i must call for an argument mr hay when i said that there had i been a great consun ption of time i certain ; ly did not mean to insinuate that they only consumed it i have certainly had my full proportion i thought however that my pro position would have saved some time ; and i am still willing to repeat my promise mr randolph that the court may un derstand us 1 w'h read to them the form of the subpoena which we wish to obtain here mr 11 read the sketch before him mr bolts we will lie under the direction of the court whether we shall proceed in the argument to-day or to-morrow chief jus lice unquestionably there must be an ar gument if the attorney for the united stales disputes the authority of the court mr hay whatever other gentlemen may ll.ink on this subject i hnve not the least doubt that these papers will be pro duced because mr hubert smith has vo luntarily furnished me with the onler of the navy department but ahhouirh i may pro cure those papers let it be distinctly under the wilmington gazette tnumbeh 547.t wilmington n c tuesday.liuje 30 1807 11th year