Mr. MARTIN Submitted to the court, whether it was not better to adjourn the jury from day to day. Any calculation on such a subject was uncertain; it was uncertain whether general Wilkinson would travel by land or by water: but if he came by land, he might certainly travel further than the gentleman had allowed-thirty miles a day; nor would he be obliged to use the same horse, as that gentleman had also supposed. As general Wilkinson was a military gentleman, he would not be confined to thirty miles a day; nor might he deny himself the convenience of frequent relays of horses. And suppose that he should arrive here to-morrow, all the other important witnesses are present, and the business might be concluded before the time should come to which the grand jury may be adjourned. He hoped, therefore, that the court would not adjourn them to a distant day. As to himself, he said, he did not wish his own situation to enter into the consideration of the grand jury, or the court; that certainly he ought to be on the Eastern Shore, on -, to attend the court; but that notwithstanding this circumstance, he was determined to stay here, so long as he could expect to do any service to the gentleman whom he had come to defend.

Mr. WICKHAM stated, that if general Wilkinson did not even arrive here in two or three days, intelligence at least might be obtained within that time, of the period of his arrival. Every post from the north or south might bring the information; every person that came by land or water might do so: under such circumstances, ought they to be adjourned for ten days, or a fortnight?

Mr. RANDOLPH, (the foreman).-It is, sir, almost indifferent to the jury, what steps may be taken; they have made no motion for their prorogation or their discharge. Their great anxiety is, to fulfil their duty.

The CHIEF JUSTICE said, that he was fully impressed with the patience which the grand jury had manifested; perhaps Monday next would be as convenient for them as any other day, to reassemble.

Mr. HAY hoped, that the grand jury would be punctual in their attendance, as he sincerely wished to have the business closed during this term; and a number of witnesses were present, who cannot all be expected here again.

Mr. WICKHAM expressed his opposition to their adjournment; for although the jury had hitherto exhibited so much patience, yet if they retired home, some one might find his domestic affairs in such a situation as to think himself excused from further attendance.

CHIEF JUSTICE. Let it then be understood, that not before Monday next, three o'clock, will the jury be called again.

A desultory conversation here ensued between the jury and the chief justice, some of the former wishing as distant a time as possible. Tuesday was then named; when Mr. Wickham observed, that if the grand jury preferred Tuesday, he should have no objection; although he himself should prefer an earlier day. CHIEF JUSTICE.-Gentlemen of the grand jury, you will attend here on Tuesday next, at two o'clock.

TUESDAY, June 9th, 1807.

The court met according to adjournment. Present, the CHIEF JUSTICE of the United States, and CYRUS GRIFFIN, the district judge.

It will be recollected, that on Wednesday last, (the 3d inst.) the grand jury were adjourned till this day, at two o'clock. At the hour of three, all the members appeared; their names having been called,

Mr. HAY observed, that it was proper for him to inform the court, that he had received no further information respecting general Wilkinson, except what was contained in a Norfolk paper, (the Public Ledger) received by the mail of this morning; a paragraph of which stated, that a vessel had arrived there in twenty-seven days from New-Orleans, and that, at the departure of the vessel from the latter place, which must have been about the 11th of last month, general Wilkinson was still in New-Orleans; and nothing was said as to his intention of leaving it. There were gentlemen on the grand jury just from Norfolk, who would be able to state whether the information might be relied on or not. He said that he had confidently expected general Wilkinson here before this time; but that he might have been led into the mistake by the information of Mr. Minnikin, as to the progress which the express had made, when he saw the messenger on his way to New-Orleans. It was possible that in the latter part of his journey, he might not have been able to move with as much rapidity as upon his first setting out; but from a knowledge of the fact that general Wilkinson was at New-Orleans at that time, his hopes were much stronger that he would certainly be here. The express would go directly to him, and he would have nothing to do but to prepare for his journey to this place: he wished the subject might be postponed for a few days. For the sake of economy, for the sake of that justice which is due to the public and to the accused, he hoped that no objection would be made to this course. Almost all the witnesses were here; that he was sorry to be forced to make so many apologies to the grand jury, who had already manifested so much patience; but

he begged them to recollect the extreme importance of the present trial, and that it would, perhaps, be the last time that they were to be placed in this situation.

The CHIEF JUSTICE presumed, that the mail from Norfolk would not arrive here until the day after to-morrow.

Mr. HAY said that it had arrived the day before.

Mr. MARTIN.-I have an extract from another Norfolk paper, one day later than the one quoted by the attorney, which conveys in substance, the same information. The ship news, in the same paper state, that the Hannah had left New-Orleans twenty-seven days before.

Mr. HAY.-These may be different vessels.

Mr. MARTIN.-The same vessel, sir.

Mr. HAY.-These vessels may convey some intelligence to Washington respecting general Wilkinson, which may consequently reach ourselves.

Mr. BURR.-I hope, sir, it will not be understood, from the observations of my friend, Mr. Martin, that I mean to take any part in this business. I shall certainly not interfere with the grand jury in this stage of the affair. The proposition of the gentleman has my 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 intelligence about general Wilkinson.

Mr. HAY presumed, that the jury would not probably be wanting before Saturday.

Mr. BURR hoped the jury would be adjourned for as short a time as possible; at all events, not longer than Thursday.

CHIEF JUSTICE.-This is Tuesday; the attorney for the United States cannot probably expect general Wilkinson before Thursday, 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 one day to recover from the fatigue of . travelling.

The CHIEF JUSTICE then observed to the grand jury, that they were adjourned till Thursday, ten o'clock.

Mr. BURR then addressed the court. There was a proposition which he wished to submit to them. In the president's communication to congress, he speaks of a letter and other papers which he had received from Mr. Wilkinson, under date of 21st of October. Circumstances had now rendered it material, that the VOL. I.

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whole of this letter should be produced in court; and further, it has already appeared to the court, in the course of different examinations, that the government have attempted to infer certain intentions on my part, from certain transactions. It becomes necessary, therefore, that these transactions should be accurately stated. It was, therefore, material to show, in what circumstances I was placed in the Mississippi Territory; and of course, to obtain certain orders of the army and the navy which were issued respecting me. I have seen the order of the navy in print; and one of the officers of the navy had assured me, that this transcript was correct. The instructions in this order were, to destroy my person and my property in descending the Mississippi. Now I wish, if possible, to authenticate this statement; and it was for this purpose, when I passed through Washington lately, that I addressed myself to Mr. Robert Smith. That gentleman seemed to admit the propriety of my application, but objected to my course. He informed me, thatif I would apply to him through one of my counsel, there could be no difficulty in granting the object of my application. I have since applied in this manner to Mr. Smith, but without success. Hence I feel it necessary to resort to the authority of this court, to call upon them to issue a subpoena to the president of the United States, with a clause, requiring him to produce certain papers; or in other words, to issue the subpoena duces tecum. The attorney for the United States will, however, save the time of this court, if he will consent to produce the letter of the 21st October, with the accompanying papers, and also authentic orders of the navy and war departments.

Mr. RANDOLPH observed, that he knew not whether it was necessary for him to support colonel Burr's motion: that he had been informed by him of his application, through a friend, to Mr. Smith, and of Mr. Smith'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. Smith informing him of colonel Burr's statement. In answer to this he had received a letter, which seemed like a personal communication to himself; but as he had not requested him to withhold it from colonel Burr, and as it contained information material to him, he had shown it to colonel Burr.

Mr. Randolph regretted that he had not the letter then about him; but the substance of it was, that the order which had been alluded to was only for the officer to whom it had been addressed, and was to be seen only by him. He added, that he had written in reply to Mr. Smith, that he never would have applied to him for it, but for the two reasons, that it had already appeared in a Natchez Gazette, and that Mr. Van Ness, the friend of colonel Burr, had informed him of Mr. Smith's unconditional promise to furnish the order, if he was properly applied to for it.

Mr. BURR observed, that to avoid all possible misconception, he thought it proper to state, that Mr. Van Ness had assured him of Mr. Smith's positive and unqualified promise to furnish the answer, if applied for through counsel.

Mr. HAY declared that 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 motion for commitment, or on the trial in chief.

Mr. BURR, Mr. WICKHAM, and Mr. MARTIN observed, that perhaps on both: according as circumstances might require.

Mr. HAY.-I suppose this court will not proceed but upon facts. Now, a letter of the 21st of October is spoken of; but has this letter been yet identified? He hoped that the court would not issue the subpoena duces tecum, until they were satisfied that they had the authority to issue it, and that the information required was material in the present case.

Mr. WICKHAM observed, that the present was simply intended as a notice of a motion to be brought before the court; which motion might be discussed either to day or to-morrow.

Mr. HAY declared, that all delay was unnecessary; but he pledged himself, if possible, to obtain the papers which were wanted; and not only those, but every paper which might be necessary to the elucidation of the case.

CHIEF JUSTICE observed, that all delay was obviously improper; that if the papers were wanted, they ought to be obtained as soon as possible, and not, perhaps, delay the ulterior stages of the prosecution.

Mr. HAY stated, that he had already received a communication from Mr. Wickham 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 fact was, that he had already in his possession Mr. Randolph's correspondence with Mr. Smith, and the order from the navy department; but in his own opinion, they no more related to the present prosecution than the first paragraph of the first page of the acts of congress.

CHIEF JUSTICE inquired whether the Natchez Gazette was not in court.

Mr. BURR.-No, sir, but I have already seen the same order in other papers; and have no doubt that almost every person has. At Natchez it was a subject of surprise, that such an order had ever found its way into a public print.