to other objects, and other inquiries. We will keep our eyes on Aaron
Burr until he satisfies our utmost scruple. I beg to know, sir, if the
course which gentlemen pursue is not disrespectful to the court itself?
Suppose there are any foreigners here accustomed to regular government
in their own country, what can they infer from hearing the federal
administration thus reviled to the federal judiciary? Hearing the
judiciary told, that the administration are ‘Bloodhounds, hunting this
man with a keen and savage thirst for blood; that they now suppose
they have hunted him into their toils and have him safe.’ Sir, no man,
foreigner or citizen, who hears this language addressed to the court,
and received with all the complacency at least which silence can imply,
can make any inferences from it very honourable to the court. It would
only be inferred, while they are thus suffered to roll and luxuriate
in these gross invectives against the administration, that they are
furnishing the joys of a Mahometan paradise to the court as well as to
their client. I hope that the court, for their own sakes, will compel
a decent respect to that government of which they themselves form a
branch. On our part, we wish only a fair trial of this case. If the man
be innocent, in the name of God let him go; but while we are on the
question of his guilt or innocence, let us not suffer our attention and
judgment to be diverted and distracted by the introduction of other
subjects foreign to the inquiry.”
The counsel for the prosecution admitted that the President of the
United States was amenable to an ordinary subpœna _ad testificandum_
as any other citizen, but that the application for a subpœna _duces
tecum_ was addressed to the discretion of the court, and did not issue
as a process of right. Besides, the papers required to be produced
by such a process must be shown to be material for the defense. They
questioned the propriety of compelling the chief magistrate to produce
in court any papers in his possession not public in its character.
They further contended that until the grand jury had found a true bill
and the prosecutor had announced his intention to proceed to a trial
thereon the prisoner had no right to legal process.
After five days of debate the Chief Justice delivered an elaborate
opinion on the motion of Colonel Burr. He decided that the subpœna
_duces tecum_ directed to the president of the United States might
issue. He held that any person charged with a crime in the courts of
the United States has a right, before, as well as after indictment, to
the process of the court to compel the attendance of his witnesses;
that in the provisions of the Constitution, and of the statutes which
give to the accused a right to the compulsory process of the court,
there is no exception whatever.
Public-domain text, read in full here on John Shaqi.
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