No answer to General Wilkinson's letter, other
than a mere acknowledgment of its receipt, in a letter written for a
different purpose, was ever written by myself or any other. To these
communications of papers, I will add, that if the defendant supposes
there are any facts within the knowledge of the Heads of departments, or
of myself, which can be useful for his defence, from a desire of doing
any thing our situation will permit in furtherance of justice, we shall
be ready to give him the benefit of it, by way of deposition, through
any persons whom the Court shall authorize to take our testimony at
this place. I know, indeed, that this cannot be done but by consent of
parties; and I therefore authorize you to give consent on the part of
the United States. Mr. Burr's consent will be given of course, if he
supposes the testimony useful.
As to our personal attendance at Richmond, I am persuaded the Court
is sensible, that paramount duties to the nation at large control the
obligation of compliance with their summons in this case; as they would,
should we receive a similar one, to attend the trials of Blannerhassett
and others, in the Mississippi territory, those instituted at St. Louis
and other places on the western waters, or at any place, other than the
seat of government. To comply with such calls would leave the nation
without an executive branch, whose agency, nevertheless, is understood
to be so constantly necessary, that it is the sole branch which the
constitution requires to be always in function.
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