United States v. Burr
U.S. Circuit Court for the District of Virginia
[At law. Motion for a subpoena duces te-cum directed to the president of the United States.] [Tuesday, June 9, 1S07. The grand jury were adjourned to the following Thursday.] 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.
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[At law. Motion for a subpoena duces te-cum directed to the president of the United States.] [Tuesday, June 9, 1S07. The grand jury were adjourned to the following Thursday.] 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 whole of this letter should be produced in court; and further, it has already appeared to the court, in the course of…
1Opinion of the Court
MARSHALL, Chief Justice.
The object of the motion now to be decided is to obtain copies of certain orders, understood to have been issued to the land and naval officers of the United States for the apprehension of the accused, and an original letter from General Wilkinson to the president in relation to the accused, with the answer of the president to that letter, which papers are supposed to be material to the defence. As the legal mode of effecting this object, a motion is made for a subpcena duces tecum,- to be directed to the president of the United States. In opposition to this motion, a…
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