The Wheeling repository — Wheeling, Va. [W. Va.], 1807-11-12 00:00:00, page 6

tlrcly removed. The opinion of judge ’
Iredell in the case of 1’ries, according
to my understanding ol it whan, read at
the bar, appears to bear stronglv on this
point ; and that opinion would be con
clusive with me, at least while acting as
an examining magistrate. I have not
reviewed it particularly,because my de
cision will not depend on the propriety
of admitting this mode of proving the
intent.
It has also been made a question,whe
ther after proving a connection 1 »tween
the accused for some general object, the
conversations of one of them may he
given in evidence against any other than
himself, for the purpose ol pros ing what
that object was. On the part c>f the 1 .
States it is insisted, that such conversa
tions may be given in evidence on an i
indictment for treason in bu ying war.
By the defence it is contended, that such
evidence is onlv admissible on indict
ments for a conspiracy, or on indict
ments win rc a conspiracy may he laid
as an overt act.
1 he principle that one man shall not'
be criminated bvthe declarations oi an
other, not assented to by him, not made ■
in clue course of law, constitutes a rule
ol evidence which ought not unreflect
ingly to be invaded.
It is one ol those- principles on which
I do not think myself required to c!e- 1
t ide, because 1 am not sure that its ch
cisi >n, however intert sting *it migl
on a trial in chief, would essentially af
fect the question of commitment ; nor
am I confident that its derision as ar
gued on the part of the 1 nited S:.u s.
would introduce the testimony it%,:.s
ti signed to introduce, in the i n dish
books, generally, the position that th
declarations of a person not cm trial,in; v
1 • g"n en in evidence egainstaman prov’d
to have been connected with him, is 1 I
cl n\ n only in cases of conspi, acv, win iv
the crime is completed without anv o
ther open deed. The position is cc
t. inly not laid down will respect to stub
rases, in terms which exclude its appli
cation to others , but it is not laid down
in general terms, and is affirmed to ap
ply to these particular cases, without
h'-ing affirmed to apply to others. From
tbis g ncral observation relative to tlv
I ish boo ,1t is to be ex pt< 1*
II stales the pr position generally. Y< t ,
it mav well be doubted whether tins g< - |
•tr. ral sialcmeut was not \ itii a \ n-w to j
*i < law in that treason v.hich, in J .o . |
land, almost swallows up evety odier,
But admitting the law to hr the same
in treason by levying war, as in cases of
conspiracy, how far does it extend ?
Tiie doctrine on this subject was re
viewed in the cases ol Iiardv Tookc.
On the part of the crown, a letter from
Thelwall, containing seditious songs
composed bv himself and sung in the
society, was offered as evidence against
Hardy, who was connected with Thvl
wall. This testimony was rejected, be
cause it was not a part of flic transac
tion itself, but an account of that trans
action given by Thelwall to a person not
engaged in the conspiracy. The court
was divided, three for rejecting and two
for admitting the evidence.
A letter addressed by one conspira
tor to another, but not proved to have
been received, was then offered and ad
rr.dtcd against the opinion of the chief
justice, v.ho thought that such a letter
did not amount to an act done which
might be cvIh nee, but only to a rclati
i 11 of that act which could not be evi
dence. He was overruled because a
is-tiei \ from t.nc conspirator to another
on th conspiracy, was a complete act
in that conspirator.
i he next paper offered, was a lett 1
from a society in the eon ; imev, which
was li iiml in the posse sion ol one of the
conspi/n i , aiid thi \ as unax imousl}
aumi tted.
! ic pnncipi • vnieii apper.tr> O> he c
stahlislu d 1)} three (U cishais. "n, that a
letter from one conspir.ii r. to another
on tii-- sv’ " ct of tit c on; piraev, is evi
dence ;* rfrrt all. Inn that n letter from
, i
conspirator to a person not tomirititl
with him, staling facts 1 elativ ■ to the
c 'iispirai; , i> c alv evidence agai.isl
h. nsclf. ,n »\v far i conversation held
tviih a stranger for th ■ purpose ofhring
ing h m into die plot, m;i” he consider
ed as a transact'ori. and therefore, testi
to 1 o\v the r <- neral con pir: < \ ,
does not appear from these decisions.
This species of evidence is received
to show th geiit rai ohjt ct of the conspi
racy, hut can all (t no individual fun In r
than his assent to tint object can h • pro
ved hy s.uh testimony as is admis ihle
in ordinary cases.
I notice this point for the purpo.s • of
ohsiTi ing that I do not decide it on the
pr< sent motion.
[ i o be rintinru’i/.']
l’l MAKK.—“i.V> stati on is so iiien,
no tint; ct' r so.vnM mi h a. to <
« mpt 111 11 from Ov i V , Uackt d hy »a h
ncts, malice, or cn* >
W H E E L 1 N G\
I uuiisday, 12th November, 1807.
The present Number (27) commences
the second huf year of the Wheeling
Repository.-Subscribers -who have
received from the first No. are requested
to tube notice, that a second payment is
no7V (.’,•/(•. It is hoped that punctuality
will be observed.
lioth houses of Congress formed quo
rums on Monday the 20th ult. Gen.
\ arnum was chosen Speaker of the
Mouse oi Representatives, and Patrick
Magrudcr Clerk.
Tin- President's message to Congress
at iii opening of tiie present session,
v hich oc upics some oi our preceding
columns, ha.', been looked for h\‘the pub
lic with no common interest and solici
.uile. I. was calculated that to the as
s. r.iMed Ki-pri sentatives of the Union,
th 1' . si cl in would give a full exposi
ion ot our situation with foreign na
tioii-.. ifspecialiv i*. was supposed he
W ould state at lai ;e the subjects of our
dispute with (ir«:at-!Ji itain. After tint
■ surances he had received from the
people, that they would support him in
any measures n< ce.-.sarv to maintain the
honour and dignity of the country in a
contest v id, that nation, it w as expected
that h would speak the bold anti digni
fied language becoming the chief magis
trate oi an independent, li ce and power
'ill prop! : and that tills message would
»'smtai , not only a d v< lopement of the
matters in di ; utu between the two
rountrii s but a suggestion of: nine plan
ol defensive oi <>11 nsivc operations, cal
culat'd to protect or vindicate the in*
s dt d dignity of the nation. It was an
ticipated th.t this m.ssage would at
least liirm .h l > the people the opinion of
the cabin 1 on the probability of peace
or win. Sul j cts ol such momentous
import to this country, necessarily ex
cited more than an ordinary degree of
expectation.-How far the message
meets the ideas whi< li were formed of
its emit* nts, our re d rs, l»v jieru >ing it,
c m dc< ide for them wives.
On the 19th uh. a brigade of vofun
t rs, mu! i tin.: command of Brigudicr
f " ii ral S ricker, wur nvUwe'lat Bal
timore. foe liu.ubt;- uruj'-f arms ws*