ce, 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. It could not then
mean that it should be withdrawn from its station by any co-ordinate
authority.

With respect to papers, there is certainly a public and a private
side to our offices. To the former belong grants of land, patents for
inventions, certain commissions, proclamations, and other papers patent
in their nature. To the other belong mere executive proceedings. All
nations have found it necessary, that for the advantageous conduct of
their affairs, some of these proceedings, at least, should remain known
to their executive functionary only. He, of course, from the nature of
the case, must be the sole judge of which of them the public interests
will permit publication. Hence, under our constitution, in requests of
papers, from the legislative to the executive branch, an exception is
carefully expressed, as to those which he may deem the public welfare
may require not to be disclosed; as you will see in the enclosed
resolution of the House of Representatives, which produced the message
of January 22nd, respecting this case. The respect mutually due between
the constituted authorities, in their official intercourse, as well
as sincere dispositions to do for every one what is just, will always
insure from the executive, in exercising the duty of discrimination
confided to hi