The enquirer — Richmond, Va., 1805-03-30 00:00:00, page 1

THE ENQUIRER.
1. - ■■].■ J-LUX---.. ...— —- ___ _ — ■ __
_ 1UCliMOND’ Cl/‘r!',""-0 I-u-mshed by RITCHIE £f WORSEKY, oppos.te the Eosr-Ort icK....Ar Five Du.uiis pee a „«vn...p„yubR in advance.
Number 100.] SATURDAT MORNING, MARCH 30, 1805. ■== ==^=.===i
'f CONDITIONS. ^
S -7 S
h I. The Enquirer will appear twice a
t, week....Duringthe feflion of Congrefs ^
S and the Virginia Legiflature, either a S
£ third paper or a ftipplemeutary half
S fheet, during the week.
£ II. Terms of payment five dollars £
per annum, in advance.
S III. Advertisemfnts,from thofe who S
do not fubferibe to the paper, Ihould
S they not exceed a fquare in length, s
S lhall be inferted for feventy-five cents S
c the firft timfifty cents for each time
> during three weeks, and for every ad- S
^ ditional infertion thirty-three cents ; ^
> long ones in the fame proportion. ^
S IV. Subscribers lhall have their ad- S
vertiiements inferted for fifty cents vj
S the firft time, and thirty-three cents S
for every additional infertion. £
Shiietf nr auction,
#x Wrdnefday, the 10/A day of April next, nvill he fold,
at Public AuStion, on a credit of four months, at the
dnvelling houfe of Thomas Gilliatt:
AI.I. his HOUSE HOLD and KITCHEN FUR
NITURE, confifiing of a variety of Valuable Ar
ticles. At the fame time, and on the fame terms, nvill be
hr'd,a pair of elegant nvell broke CA R RIAG F. HORSES,
1st a SADDLE HORSE. On the fame day nvill be
rented to the highefl bidder, for one or more years, the
HOUSE and EOT non v occupied by fail (H Halt.
THOMAS TAYLOR, ts*. Co. V. M.
March 21.
Auction sales,
THOMAS TAYLOR & Co.
^ T T ILL in future fell at the fiore occupied by M. IV
• '• Hancock Xsf Co. on Wednefday s in each nveek ;
and at their office, on Tuefdays and Fridays as ufual.
Dec. i, 1804. eptf
THE CELEBRATED WARM SPRINGS
In Virginia.
ri-IF. fuhfcribers have taken a leafe of ten years, of
the highly celebrated Medicinal Springs in the
county of Bath, called the Warm Springs, fojuftly
famed for their great cures and general relief in ma
ny complaints.
are nonupreparing every n reef ary comfort and
accommodation to fait the umufements of tbofe who
have health, fand to promote the recovery of tbofe who
’tvant it.) and it is deemed necefary to mate th-je things
widely known, becanf eeornp/aints have bet etofore been made
again/! the entertainment which has hern offered.
Preparations are made for at leaf one hundred confant
lo irders, be Tides tranfirnt guefls, for th ■ iccom-ni iition ofd I
whi. a, the fubferibert wilt make all pojfible exertions ; and
they f itter thernfelves, theft tbofe who may place confidence
in this ad vert if cm cut, will not find the fmallcf caitfc for
regret or complaint.
ROBERT 15* CEORCE TURNER.
March 2£.—(ep6vv.
STORED AT THE SUBSCRIBER’S
T^*' O Cafes Mr.rLed (C.) flipped at Nnv-Tork, orr
board the Schooner Father and Sons, Henry Aberdeen
mjjler. The owner is rcquef.d to call, pay charges, and
take them away. SARAH LESTER.
WHO HAS FOR SALE,
Boards. Plank, Scantling, Cyprefs Shinnies, CeeLir Pofs,
Rhode If and and Philadelphia Lime in hhJs. and tierces•
Black and Bright Tarnijb, 'Tar, Wheat Fans,
IVeve IVire, and H'ire Sifters, tkfe.
March 2S.——(cpll’.v
TO BE SOLD.
PURSUANT to a Deed of Trufi, executed lo me by
the late Henry Randolph, p.ff r. to fecure the pay
ment of cert tin funts of money in the /aid deed, acknowledg
ed to be due from him to Lyle and AdlCr<die, merchants
e parcel of land ftuated in tit county of Chef erf eld, with
in the difance offour miles Jrum Manchefer, and efimat
td to contain about three hundred and fifteen acres. This
land, commonly known by the name of Scott's trad, or the
Camp trad, will be ft up for fate to the Li oh eft bidder, on
IVednejday thefrf of May next, between the biurs of ele
ven A. AT. and two P. jvl. at Zacbariab Brooks's Ta
vern in Manchefer, on the following terms, viz.— One
third of the pur chafe money to be paid down, one third in
ftx months,and the remaining this J in twelve months from
the day of f dr.
Bond and freurity will be required for the punduul
payment of the credit infalments, on which payment being
made, a proper conveyance will be executed by
JOHN HEVENINGHAM.
Chef erf dd, Afastir 28.—(eptds.
HATS AND SHOPS.
an assortment iusr received, and for sale
by JUDSON & BURR,
Second door above the Eagle—ALSO,
rT’’IIRFF. Bales India Cottons, I Cafe 4-4 fine Irifh
* Linens, 2 tons country refined Bur Iron.
March 28.—(e p 6t.
NOTICE.
r^HE fub bribers having put an end to their re
tail bufnrfs, requejl the debtors to this firm to
come forward, without lofs of time, to have their
accounts adjujled, and to pay what may be due.
els great indulgence has been already given, fur
ther cannot reafonabtj be exbeHcd. George Mc
Credie will attend at this place, for the purpofes
vf fettling the accounts, and recei ving payments.
Thqfe who do not pay, or give fa'itfaHory affu
rance of paying foon, mufl blame themfelves if
fails are in/lituted again// them.
I.YLE if Me CREDIE.
Manehefer, Feb. 5.-(rp\\w.)
Wm. M*KF.NZIE £5* Co.
T [AVE l'OR SALE—4000 Dollars Mi lit a
1 ry Certificates, bearing interc/l at 0 per
tn.t. and/lock oj the Bank of Virginia.
Februaty 26. eplf
NOTICE.
r ( III. elrflion for Common Council-men wit
* take place on the JirJl IVedntfday it April
next, ir the different IVards of this tity, to wit :
I’l Jcfji rfon Ward, at the Court-Houfe—In M -
di/on H ard, at the Eagle Tavern, and in Mon
roe Hard, at the houfe occupied by Mr. Junta
Ogtlvi as an acadcm,.
J. WHITE LAW.
Serjeant of the City of Richmond.
, March 12. f) slwma)
CASH
WILL be given f-r Vi or 1.4 BOYS, from
' ' 7 to 1S years eld. Enquire of the Printer*.
1 n.,. O/.J
•
FOR SALE,
My the Suffer Hers, at their PAINT (5* CUT. MA
NVFt!CTORT, IVater-Street, Norfolk :
WHITE LEAD,
Yellow OJ. re,
Venetian Red, I Ground in Oil and
Npanilh Brown, [ in ‘ZB isC 141k. kegs.
Black & Lead Colour
for painting row's, J
Blue and Green in pot* of •, 2 & 8 lbs. each,
Vermilion, P.ufTnn Bine, Pattern Yellow, Red
Lead. Lithrage, Sugar of Lead, White Vitriol, Ivory
Black. ’
-A L S 0
1200 gallons Dutch Lin feed Oil,
Spirits o; Turpentine, Copul and Turpentine,
Varnilh and Window Glafs, of all fizes.
Orders for any of the above articles, left with
Mrjprs. Proffer Moncure, Richmond, will be at
tended to immediately, by
JOHN RORKR isf CO.
Norfolk, March 1, 180.5. (eptf)
IRISH Linens and Sheetings; Superfine Cloths and
Cajjtmcres ;
India, Italian and French Silks ;
Do Mull Mull Mujlins i
Do. Jo. do. Hbdkfs.
Fancy Mujlin, Veils and Shientrld •
Colonade Mujlins ; Camhrick Dimities C5* Calii toes ,
Laced Capr and Veils ;
Do. Hhdlfs and Sha-.vls {
Do. Gloves and Mitts ;
fl'ajb Leather and Kid Gloves.
For Sale by
BARTLETT STILL.
January 18. rf
NOTICE.
I "'HAT Mr. Anthony Dibr<dl of Buckingham
I- county, is hereby fully authorised to make fale
of one TRACT of LAND, in Patrick, containing
5000 acre*, lying on Dan river—three ditto in Gray
fon county, lying on the waters of Little Reed Iflaiid
creek—two of a thnufand acres each, and one of 500
acres: the faid Dihrell will attend at next April Gray
fon court for the fale of the faid lands for and on be
halfof NATH’! ANDERSON.
Albemarle county, March 19, 1805. tds.
FOR RENT:
Large White HOUSE at Rocketts, for
merly occupied hy M . William Fenwick, and
afterwards by Mr. Braxton Craddock. For termi
apply to GALLEGO, RICHARD tf CO.
January 11. (tf
bank of Virginia]
JP'HE Shareholders are hereby notified, that the
fourthiiiflalmentwill become due on Saturday the
, April, and will be received at the Bank and at
the offices of Difcount and Depofit at Norfolk. Peterf
hurg und Fredericksburg. Certificates <»f S'ock wiU
after that day be iflued on application at the Bank.
March 8, 1805.—(eplM.)
BURR MU,I, STONES, or ALL sizes; and
PLAfS I ER Of PAR IS, of an excellent quality,
*OK S.U.M, as VtVJL, HT
WILLIAiU DAVIDSON.
near the Market.
Dee-'*- [eptf.]
BROKER’S office.
THE SuhCcrib r hat opened a Broker's Office, oppofite
tie Union Tavern, and over the Countino.boufe of
Thrm.u and Amos Ladd. All byfinefs confided to him,
trill be tranfatled uith firiSl fidelity.
THOMAS NORVEI.L.
IT He has for fate—A FEW SHARES IN THE
MANCHESTER TURNPIKE.
Atso—Old State Certificates, hearing fix per
cent intereji. March 13. tf
ADVERTISEMENT.
To be SOLD to the higheft bidder, on a credit of
twelve months,
TyiVE 1 RACTS of LAND, belonging to the eftate
I- of Thomas Anderfon, dec. viz :—One in Camp
bell county, of 100 acres, lying on both fides of the
main road, on the branches of Beaver Creek; this
tradl to be fold at next April Campbell court, being
the 8th day of the month.
One in Botetourt corny off lfiOacres, lying on Cataw
ba creek ; this tradlto be fold at next April Bote
tourt court, being the 1 Ith day of the month ; thefe
two fales to be attended by Mr. Anthony Dibrell, who
is hereby fully authorifed to adt for the executors of
the faid Thomas Anderfon.
One of 400 acres, one of 147 acres, and one of 50
acres, lying in Buckingham county, the two former
on the waters of Rojk Ifl.md creek, and the latter
one on Irving’s ferry road. Thefe three lull tradl*
to be fold at next May Buckingham court, being the
13th day of the month. Bond with approved fe
eurity will be required, to bear intereft from the
date, but if pundluaily paid the intereft (hall be remit
ted.
NATH’I ANDERSON, &
ROBERT RIVES
Ex’rs of Thos. Anuerfon, dec—
Albemarle county, March 19, 1805. tds.
CHOICE LANDS—FOR SALB.
\ DIVISION of tile famous Saura Town Lands ha
> \ ving taken place between the heirs of James
Park Farley,Efq. dic’d, and Col. Johns. Farley and
his filter Mrs. Elizabeth Morion, the lublcrihers, Ro
bert 1 aylor ol Norfolk, and Charles Duncan at Ros
lin, near Petersburg, are fully empowered by the faid
Col. Farley and Mrs. Morfdh, to difpofe of their pro
portion. containing 12,832 acres, winch arc furveyed
and laid off in eight lots, containing from .500 to 2800
acres, agreeable to plots in the pofi'. llion of the faid
Duncan. The four larged lot* are'or excellent quality,
each containing a ronliderable proportion of the rich
ed low grounds, which produce tobacco of the very
tirfl quality, as has been experienced hy one of the
fubferib, r», who fuipped it for a number of years.
Thole lands lie on Dan and Smith’s rivers, in Rock
ingham county, on the borders of North Carolina,
aboil* 170 niles from PeterAnirg and Richmottd. As
there are leldnm fucli lands for faie, they mud be an
object to thole who want to purchale fucli will pro
duce fine tobacco, hemp and Imall grain. O it third of
the price mud be paid in ready money, one third in
twelve months,and the other third in two years, the
pufchaGsr giving bond with unexceptionable fcrurity
hearing iniered from the date if not punctually paid,
i hole who wilh to purcliafe will be (hewn the lauds
by DodI<»r John C. Cox, livitig at Leekfville, near
Rockingham Court-Houfe, and the terms made
known by
Robert Taylor, or
CHARLES DUNCAN.
Petvrfourg, Nrv. 94.
IN ALL ITS VARIETY, EXECUTED
JT MtE
i OFFICE of t,,g ENEflRER.
A TRACT OF LAND.
r~5',IIh fubfcribcr offers far fale, a tract or i.axd, on
X -which be at pre/nt refdes,jiiuaied in the county of
IVeflmoreland, and bound J by the rivers Potomac and
1 tocomoco. This trad contains about feVen bundr.J acres
•fft ung lonu grounds, one half of which is thickly covered
•with very valuable pine and oak limber, and the foil well
failed to tie culture ofcorn and fmall grain; the jituation
a very healthy and bandfonte one, commanding an cxtcnftve
view up, and a boundlefs view divan the Potomac. 'The
waters to which this land is immediately attach'd afford
in abundance and with great convenience the Hr.cfl o-fters
and wild fowl in their feaf on ; and fi/b in great variety
and of thefncf kinds throughout the year. The purcha
fer may have the flock of cattle./beep and hogs, together with
the implements of hujhandry on the plantation. One half
the amount of purebafe n:ujl he pa d at the time of taking
poffffon, which may he had with the chfe of the pre/nt
year with anindifput able title; ftr the remainder, twelve1
months credit will be given on payment being fatisfaiiori'.y
fecured.
ALEXANDER PARKER.
IVefmore land, March 19. (epAw.j; ^
WILL BE SOLD,
At Public Au&ion, on Saturday the 20th day of
April next, at the Rawleigh Tavern, in the city of
Williamfburgh;
r'| ' HATvaluablePlantationcalled YARMOUTH,
i. lying in James City county, on Chickahnmony
R'ver, ten miles from Williamlburg. The improve
ments are, a two ftory bnck houfe, with two rooms
and a paflage above and below; porticoes on each fide;
a large and capacious barn, and three other out-houfes'.
The whole trad, including an Ifland, in view of the
houfe, high and low land with marfhes, contains about
2700 acres; Icarcely one third of which is cleared.
I'wo thirds of the Ifland is arable, which, with the
laud adjoining the houfe, is of fuperior qualify. Ad
jacent to the Ifland are two bold and navigable creeks
with a convenient landing to each. The range for cat
tle is very extenfive, and the marlhes and meadows will
fupply an abundance of hay. Fifli and wild fowl, in
their refpeSiye feafons, may with eafe be obtained at
your door. The orchards, confiding of the greateft
variety of all kinds of fruit, fele>Sed with care, are now
in their prime. The terms of fale are one third cafh
and one, two and three equal annual payments, for the
balance. PEYTON RANDOLPH, jr.
For ELIZA INNES.
Feb. 19. (eptds)
IMPEACHMENT OF Jl/DGE CHASE.
Monday, February ll, l80f.
( Continued.)
GEORGE HAY f-.vorn.
The greater part of the evidence f am to deliver
relates to what was faid by me as couiifel for J. T.
Callender, who wasindirted for a libel on the Prefi
dent of the United States, and what was faid by one
of the judges; for I do not recollect to have heard
the voice of Judge Griffin at any time during the tri
al. In order to make this ftatement as accurate as
poffible, as my memory is not ftrong.it is neceff.ry to
refort to a ftatement made l>y myfelf and the counfel
affiliated with me in the defence of J. T. Callender,
which I now hold in my hand, and every part of
which according to my beft recollection is cor
rc<£l.
Mr. Harper here interrupted Mr. Hay, and faid,
tin witnefs may refer to any thing done by hinifelf
at the time the occurrences happened, which he re
lates. But I fubmit it to the court how corrert it is
to refer to what was not done by himfelf, or done at
the time.
The Prefdent afked Mr. Hay whether the notes
were taken by him.
Mr. Hay. The ftatement was mad. by different
perfons. Some pans were made by myfelf, perhaps
the greater part; the reft by Mr. Nicholas and
Mr. Wirt. I believe I fhall be able to ftate from it
every material occurrence which took place at the
time. With regard to thofe parts of the ftatement
not made by me, a reference to them will call to
my recollertion the farts mentioned in fuch parts. If
I ftate any thing, which I do not diftinrtly recoliert,
upon adverting to the ftatement, 1 will explain the
artual fituation of my mind on that point.
,^fr‘ Nitbolfon. If I underftand the witnefs, it is not
lus intention to give the paper in Ins hand as evi
dence ; but merely to refer to it for the purpole of
refrefhing his memory.
Mr. Harper. I do not underftand the way in
which it is meant to ufe the paper. I apprehend
that it is a rule of evidence that nothing but notes
made at the time of the traufartions related can be re
ceived as evidence. I therefore am of opinion that a
reference to this ftatement is inadiniflible, becaufe
a part of it is made by others, and none of it made at
tnr time.
AT'. Rodney. When we advert to what has been
ftated by the witnefs, who fays he does not mean to
ftate in evidence any thing in the paper, of which he
has not independently of it, a diftinrt recollertion, I
think it is within the law to admit him to avail hi’m
felf of it. I apprehend that if I had attended the trial
of Callender ; and had taken minutes,and others had
attended and not taken notes, if by recurring to my
notes there fhmild be recalled to their recollertion
farts fo diftinrtly, that they could fwear to them be
fore a court, it would be competent to admit their re
ference to fuch notes
Mr. Campbell enquired whether the objertion
were not confined to that part of the ftatement not
made by the witnefs.
Mr. Harper laid the objertion related to the whole
OI II.
Air. Cample//believed that a witnefs might ufe any
memorandum to refreftt his memory ; and that it was
not ncceff.iry that it (hould he made at the point of time
when the events happened. It is fudicient if made at
a time when his remembrance of the fads was corred.
With regard to that part not taken by himfelf, if
he perufed it at a time fofhortly after the events re
lated as to he able to determine it to be accurate, and
now recognifes the memorandum to be the fame, it is
fudicient.
Mr. Martin fa id, he had been many years in the
pradiceof thelaw, Therulcsofevidence were probably
different in different dates. Hut he had always fup
pof.-d that a witnefs could not he permitted to ufe a
r»y memorandum not nude by himfelf, or at the time
of the events related, nr near it. He may before lie
conies into court ronftilt any memorandum for the
purpofe of refreshing his memory, but not in court.
The Prrjident. The witnefs propofes to make ufe!
of a memorandum under the rircumdances, which he \
has dated. Thequedion is, (hall the witnefs be per- j
mitred to ninke life of it ?
Air. /Uants. I am not prepared to anfsrer that
qttedion at prefent, not knowing the nature of the mi
nutes the witnefs propofes to ufe. I therefore move !
that the Senate retire before the quedion is ta- i
ken.
The queflion on retiring was taken,and, on a divi
fion, lod.
Mr. Adams fuid he wifhed to fee the paper before
he voted.
I he Preft 'rut afked Mr. Hay whether it was in
Jiisown hand writing ?
Mr. /fay replied thst it was not ; hut that if was
written by a clerk from at printed ftatement.
Prefil.nl. Have you parts made by yourfelf
Separate ?
I Mr. Hay Paid he had not.
T he Prcfuirnt then put the quertion, whether the
witnefs (hould lie permitted to ule the paper ?—and
the quertion being taken by Yeas and Nays, parted in
the negative—Yeas IG—Nays J 8.
Mr. Ranilnlfib alked the witnefs, to (late to the
court the circunillaiices which took place during the
trial of J. T Callender, and particularly what rec ed
ed the ex 'ufe and teftiniony of John Buffet.
Air Hay. I will (late as well as I can, what fell
from the judge, and which appeared to nie to he ma
terial. After fome previous obfenrations, the counfel
for rhe rraverler claimed (or their client his conftituti
onal ri^ht to he tried by an impartial jury. 1 cannot
pretend ro relate precifely either tlie courfe of pro
ceeding, or the exad words which were ufed, li.icc 1
•tn deprived of the aid of thofe notes which I know
to be correct. I (hall not, therefore, recite the prc
cile words, but I (hall give the fubrtance of them, and
the words themfelves as nearly as poffible. Accord
ing to my heft recoiled ion Judge Chafe’s declaration
on that point was, that he would fee jurtice done to
the prisoner in that refped. In order to attain the
objed w.iich the counlel for Callender bud in view,
we purfued this courfe. JMievii g that a majority of
the petit jury, i( not all of them, were men decidedly
oppofed to J. I. Callender, in political fcntimefits,
and thinking it probable from the (late of parties at
that time, that they hud made up their minds, we
wifhed to a(k every juror before he was (worn, whe
ther be had ever formed an opinion with refped to
the book called the Profped Before Us. According
to my heft recolledion, Judge Chafe interfered, and
told us it was not the proper quell ion, he faid he
would tell us what the proper quertion was. He
then went on to (late that the proper (jnelliou was
this : “ Have you ever formed and delivered an o
pmion concerning the charges in this indidment.’’
1 lough I have hut little dependence on my memory
in general, yet in this I am certain, that I not only
giveil.e fubrtance. but the identical words ufed. To
this quertion an anfvver was neceflurrty given in the ne
gative.
Mr. Key. Who anfwered ?
Mr. Hay. A juror.
Mr. Key. \ he whole, or what jurors. Was it
t e anlwer of John Barter, no other juror is mentioned
in the lecond article. The moment any attempt is
made to extend the enquiry beyond the precife objed
of tlie fecond article 1 will obj d to it.
Mr. RanJ»lj)b. We have no objed ion to that
courfe being pui fi .-J ; as we can get all we want un
der the 4th article.
Mr. Rn.tnry. We are examining a witnefs, who
may be able to give tertimony on the 2d, 3d, or 4:h
P ref dent. Will the genrlema^ read the arti
cle on which the witnefs is called.
Mr. Ranidpb. I do not know that we are boand
to do fo.
Preftdent. The Senate defire it.
Mr. Randolph. I beg pardon. I thought it was
defircd on the other fide
Mr. RU,ey then read the 3d, ftrd, *th, 5th, and |
ofh yrticli s.
Mr. Harper. Our wifti is only to confine the wit-'
nels to the matter cli irged. We only ohjed to the
opinion of the witnefs hein(j give»n.
re!'ffnt• If >s prohahie, gentlemen, that nothing |
wdi arife in what the witnefs Oates, that will occafion
difficulty. He will picafe to proceed.
Mr. Hay. What 1 was :»bout to mention was not
‘?mrUM1 a* f'*a. I was proceeding to relate
the fads which conftitute the haft, of the fecond arti
cle. \\ htn Mr Baflet was called by the marfhal, he
mar.ifefted fome repugnance for ferving on the jury.;
He fa!d, according to my bed recolledion, that lie I
was tmwilhngrofet ve.becaufe he had made up his
nund as to that book. Ido not pre-end to fay that
the wor .s ufed were precifely thofe I date. He may ,
have e-;preifed himfelf in the words afcribed to him I
•pi i • ^n°graPhical ftatement given of the trial. j
, f objed)ion, thus made hy Mr. Badet, was over-rul
ed by Judge Chafe, w ho afked him whether he had
•-•ver formed and delivered an opinion concern in- ,he I
charges m the ind.ament. He was fworn to anfwer
this queftion. Like the other jurors he anfwered in
the negative, and the judge ordered him, like rhe o
ther jurors, to be fworn on the jury : he was fworn,
and did ferve.
Mr. Harper. Was the word ufed by the judge
mtni or or ? J ® 9
Mr. Hay. Iam perfeaiy clear it was and, and
nor or.
In the date of things at that time, and feeing the
temper that was manifefted on the trial, I would not,
and did not, afk the juror a fmgle queftion without
lubmttting t to the court, and foliciting their permif
fmn to afk it. I folicited the leave of the court to afk
a queftion. The reply of the judge was this:_The
difficulty f experience at this moment in dating the
precife words, furnifhes the reafon I had for wiping to
have recourfe to the ftatement 1 had in my hand
Since I am dented that indulgence, I will not pretend
to ft ate literally what was faid, hut I will date the fub
Vi“rCe' r •I.t,>[<, JU<1?e 1 wifl,ed to afl< a queftion.
U hat, faid the judge, is the queftion you want to put ?
State it. If I think it a proper queftion,or if I chocfe
it. you may put it. Come, what is your queftion?
Notwithftanding the humiliation I felt at being ad,Iref
fed in filch a way before a crowded audience, I afked
“ . ve you formed (leaving out “ and delivered?') any
opinion concerning the hook from which the charges
in the indiament are taken,”—The reply of Tu.it
Chafe was, " no, fir, no, you fhallafk no fuch quell, ■
on. And the queftion was not afked. This is all |
recoiled? at this moment refpeding Mr. Baffet, and
the occurrences conneded with that part of th,.
trial.
It was flatcd by Callender in his affidavit that colo
nel l aylor, of Caroline, was a material witncfs_but
of this I am not certain, hecaufe I have not read the
affidavit fince the trial. In the interval that elapfed
between the day on which the firft motion was made,
and that on which the trial took place, Tuefday co
lonel Taylor was funimoned. When he came to
town I know not. I have no recolledlion of having
fren him until he came into court. I had therefore
no opportunity of ascertaining whether it would be in
his power to furniffi the accufed with the evidence he
expcdled to derive from him. After the witneff. s on
the part of the United States, had been adduced to
prove the fa& of publication, and after the attorney
of the United States had opened the cafe, and dated
the law arifing upon the evidence, colonel Taylor was
offered to the court as a witncfs. He was fworn s
and immediately after, or probably while he was
fwearmg, Mr. Chafe alk.-d the coimfcl of Callender,
what they expedled to prove bv him. If I recolledl
rightly, Mr. Nicholas, one of my alfociates, obferved
that we did not know dillindlly what could be proved
by Col. Taylor; but that we expedled fo prove what
would amount to a jollification of one of the counts in
the indidlment ; that we expcdled to prove that Mr.
Adams, the then Prefidcnt of the United States had
avowed in conversion with col. Taylor fentimenfs
hoflile to a republican government ; and that he had
voted in the .Senate of the United States again!! the
law for fequeftrring Britifh property in this country,
and again!! the law for fofpenonig commercial ino-r
courfe between the United State*, and th« kingdom
of (.rent-Britain. I do not recoiled! precifely the
word, which were uf. d by Mr. Nicholas m making
the ohfervations that accompanied this ff’atenient {'
hut I think he faid, lie hoped that it would he under
flood that he was not tie,') down to thele parti ular
pomts, faying that probably the anlwcrs given hy cul. i
Taylor, might fuggel) other queftions proper to b«
put. Nor do I life the precife words in which judge
Chafe made an objection ; but I do remember that
the obj-iSlion was made. The principle on which i t
founded hi* objection was this; that col. Taylor’s e
vuletire did not go to a juftifvaiion cfany one emits
rl srge ; and lie declared col. i at l< r’* eviden.ee to i>c
inadmiffib'e on that ground. The judge was then
aUccd hy Mr. Nicholas, whether we might not prove
part ol a charge hy one witnefs, and the other part
hy another. The judge anfwered him, that he defir
ed him to underftand the law as he had propounded
it; and the law was this; that th s c«'t*ld not be
done; that col. Taylor’s evidence related only to one
part of a charge, and that he could not prove ore part
bv one evidence, and one part hy another. 1 then
ohferved to the judge, that I thought col. Taylor’s
evid nee adniiftihle even on the principle laid down
by the court; that I thought his teftimony would go
to prove b th members of the fentence; the one af
ferted tbat Mr. Adams was an ariftoerat ; the other
t..at be had proved faithful and fcrvicealde to tbs
Brifi.1i intereft ; and that he could prove that he had
heard Mr. Adams make the rem rks already Ihud;
and that he had nroved ferviceahle to Gnut-7!ritain in
the way meant hv the author, that is. in giving the
two votes in the Senate alluded to in the work. The
judge did not fay in exprefs terms that »1 e pofitinn ta
ken at the bar w is wrong,but he laid that the evi
dence of col. To lor was iWmillihle. and that the
counfel knew it to be fo ; and. I believe it was at the
fame moment of time, he fai l that <>u- nhjt<51 was to
dec-, ve and millcid rbc pnpnlare. 1 renienth-r r! of*
expri-llions as well as if f beard them yefletduy. F:rd
ing rh it the at'e nnt I had made to render a ferv-ce,
not to the man hat to the canfe, uiftead of nff.rding
fervice to thecaufe, onlv brought on me the obloquy
of the court. I felt myfelf difgufted, and laid no niora
on the fubje<3.
I re ollcrt that we were requeued bv the
Judge to reduce to writing the quefhions that
we wifhed to propound to Col. Taylor. I
thought the meafure fo novel and unprecedented
that 1 was not di pofed to comply with this de
fl'r' oneflions were, however, dated in
writing by Mr. Nicholas, who o’ fervedthat he
hoped, we would not be confined in the examin
ation cd" t he witnefsto the qu- ftions thus ft.itt d
irt writing, fr I miflake not. before the qurfti
ons were reduced to writing, Mr. Nicholas made
fome observations ahnut the mode purfued by
the co rt in reference to the a’tomev for the
United States, and that exert ifrd towards the
counfel for the prifoner ; that the at»or*’ev for
the Un ted S'ntes had not been required in pate
in writing thequeftionshe wilbed toad:. When
this remark was made to the Judge, he f id that
t' f atfor ry for the United S'atrs hail ft.a’ed in
the opening of the cafe all that h<- .-xprfted to
pi o vc ; “but though this were done, wc were
not bound to do i{.” ivfy impn ITion is that
word Heaped the Judge feveral times.
Mr. Xlcbolfon. What word ?
Mr. Hi*. The word “ wr.”
-Oid it refer to tiie court as wi 11 as
trie attorn y r
Mr. Hay. So, Sir, I nnderftnod it.
T'le i ourth article relates to.the refnfal of the
Judge to poll-pone the trial on rbt affidavit of
Callender ; on which I can only fry that the af
fidavit was filed, hilt whether reeul-rly drawn
or r.ot [ do not know. This affidavit, accord
ing to my hrfi recol etfion, ftated the abfcnceof
material u itnefles.
The r.ext article relates to a fubietf, that it is
very unpleafant to me to make any remarks up.
on, be,-anfe I feel myfelf to he a party concern
ed. 1 he Judge is charged with
[Mr. Hay here read the r,d, 4th, and 5th clauf
cs of the fourth article.]
There were many expreflions ufed by Judge
Chafe during the trial which were uncommon,
and which I thought, and (till think to he fo.
y to the afperity with which he cen
lured me, I fl ail not
Mr. Harder interrupted the witnefs, and cle
nred i im to (late the expreflions, and let the
court judge for themfelves.
Mr. Hay. The firft expreffion, which made
a vei y flrone impreflion on my mind, was thb :
In the courl’e of the argument, urged by me in
fupport of the mo'i >n for a continuance to the
next term, I afl'umed it as a clear pofition, that
the law of the date of Virginia, which diretf*
that the jury fliall affi fs the fine, would govern
in this cafe. As foon as I got to that part of ihe
argument the Judge interrupted me, and gave
me tounderftand that I was m flaken in the law,
ami added, the afli-fl'ment of the fine hv 'he jury
may he conformable to your local and ftate laws,
hut when upr.lied to the federal courts, it i» a
“ wild notion ” In the cafe of Col. T.iylo ’s e
videncc, which I have already ftated, the Judge
faiil that we knew the evidence to be intdmifli
hle, though we nrefted it upon the court, and
then the expreffion followed which l as been al
ready mentioned, that we were endeavoring to
miflead and de rive 'he populace. At another
t me he w is pleafed to o'Tervt, gen le ti< n, yen
have all a'ong be-n in error in th;s caufe, and
vou pn fifl in nveflin-.’ votn miftakesoi the court.
On more occtfinns than one he charged the
coiinfr! with advancing doctrines they knew f(»
he wrong. J endeavored in on. part of the caufe
■n fafisfy the court tha* the b ink c died the
l ro p '1 before tit. couhl no* h given in evi«
di nee in fupport of the inrtii'rn ent, bccai'f the
ti:le of the h ok was not mentioned in the in
dictment. In fuoport of my argument, I oh.
ferved to the comt that if the indictment men
tioned the book from which the charges w re
harmed, and anv fuhfer|ii< n* profeent'on fit uld
a'ter wards be inftitulul, the traverfer would
have no'himr more to do than to produces co
py <»f the record, and plead it in bar of a fuhf •
fjiient proier.uti >n ; but that according to the
opinion of the court, the frnation of the traver*
fer would he more pier .ion* than according to
the dnflrines for which I contended, for that the
traverfer, if he diould plead a former profecuti*
on in bar. would not be able to prove the fa t
by comparing the record with the indlflment {
hilt muff r f >rt to extraneous evi lence to prove
that the fihfcnucnt profeeution « as found d on
the fame puMi tt;on that g >ve rife to the firfl .—
The Judge w >«. pleafd to o five, without
feemine to underft.rd the c!iflii»etion that l had
endeavored to d-aw, that I kn w tic- . r. f-ut.
profeeution - imM be pleaded n bar 1 c rta n
jy did know it. and was end. avoring at that m/
time to (how by my argumt nt that the b*tt. r
inode of pr .\ m; the truth of the p!c.« would he
by a copy of the record, rather t' m bv
peal to p iroli tefti nony. JiiflgiC! .if. hc . n
terrupkd me, and faid, [knew that fids- prof -
cution might be pi >ded in bar.
In the ooiirfc or this • ir '..me"t, w* 'cb I
ad Irefled *o • r ;»«■ I • ,f. r:p-rp *1 of (Iiewirg
the tr.ith ot the p. ij i ,n . w It -- | .l.f. rv
ed that arcoidi- g to th. efta'di , ,t ,!„dniu. ih*
w >r *« '* feti ryd effect,” in in b.di.hn, t f <•
a libel b*uod the p riy to tb«'liter*! rseiul oi