The recorder. [volume] (Richmond, Va.) 1802-1803, 1803-01-05

ry powers. The individual who was ;nyef-
eed ~ith the qualifications mentioned in the
law was not 10 be harraiIea with sr, exarnit,a-
ton into all the circumstances of his life, nor
placed before an inquiEeorial tribunal, IN order
TO be forced into difclofuse Of his crisnes
It was iaid. thst The feit laws having oeea
a5n'iihcd, all the auctions except thar rela-
siagtto at,ainder, were totally irrelevant, and
thar, by variSus laws, ever, thole who had re-
cetvcd conuliRio1s from the king Of Great
Brit2:n were reitofed TO ciei2enfhip upon
taxing the cath of allegiance to this rate; Il d:
i was thea witely intended to aboliih the
acrimonious difftneiioas 60 which the reyo.
lution had giyer. birth, and why, it was AIRED
are thsle old sud aislott forsotisn Feiids re-
vvcd, Bur isssEas MOI hfongly and eripha
tscaiiYurged that whether the facts to which
tho queitiens relat, ID were relevant OF nor,
ycrthas no right exifed 70 ccrlrel the citizen
- anf~et them.
he canit:.9tion guarantees I'D every MAI
r'.s right OF refufi,g 20 criininate himf.lf
The Lord Chaneclloro of Great Britain, In al,
the p!entttadc Of his extraordinary powers.
cann,r coga;'sl any iiliyiinll 70 iubicst him
Eff even 20 pacaaiary penalty. Such 4 pre-
negative pevry vas rsercifcd ever in ENGLAND,
cxcept by the infamous Star Cha;nbeE, and
5]72rs ! WAS one of che i,nrsdate casf.s of
the dogsnfa!los shat olior; ri ,uaal. 3 81. AS
Nj. Gibbs was, IN this cafs, by new and
anheari-of inquiiitioa, called on to accuic
hnief Of trtgis1, TO coafets Mmielf trafter
or rstard 20 a.knowlcdgc, that be was a.
tain'sl for the hight crime that u,rn can
commit agajn't foeiety; that bis lie had bee,,
for'e'sed 70 ihc juitiSe of his Country; that
! ne was dit9pSl;asd rs Wiyneis, IS d Juror, for
any ofii2e N the 4'te, f.nm bringing an lcfion,
iraTn acquiring, ffou, holding, afC. X 14 trsnf-
! hitting his property:
Il WAS denied that the treaty of peace had
removed rhets incanaeisies bu. if shal, -
was confidently United On, thar liz ran IS
hocad to eNpofc iinlfelf even 10 faame and
rtpsoacb, ard ehat no quefioa IS legal, by
aniwefing WHICH tie citizen ray sxpole him
ieif 70 intaanv. Sty. Pr. Ras, G. *. 3Bl.
Con. 353. Daugi. s7s, SAX I5s. ST.
Esiais74J, Sc. j he helpleis ituation OF old
MIR. GIBBS; shs unpertted Outrage upon his
character and feelings: the gro(s i;naropriety
OF Mr.. Browns ailuiipu 70 his fanny fcuds,
on The day Of election, ailel'when sSting as a
oaoiic oiiicer and on the H1of important OF dIl
oeeaiionS, were offered with great cloouence
|. N cxfenAatioH o. tbs warnltb of the defee
deat, and IN publication Of his refentraent.
he rights OF futrage ought, indeed, it was
.ads to be jealoufg gurdsa; every fpecies of
iafinldaton, violence aud corruption, to be
itrTaiy, tea3ly and ieycysiY Acknowledgement
/ QUE NOT yieiiantiy ought the people to be di-
feetcd e the conduct Of the gesfs IF tbbs ei<t-
fieF. They weFc the dcpofirarics OF tha peo.
pies sights they ought to Sc. fully infarsncd
OF sile!r duties; apd saeir offences were mott
eriinentiy pcrnicious, mot extennve in their
effects, and 6eplorabe in their contequences.
Ii, then, the qae2ions were iilegal and arr
bitrafy, Mr.. Becky WAS not in the execution
OF MS dlIty when he propofed thsin, and the
defendant was not within the operation Of the
aw.
Cnthe iccoud point it was conteaded, that
III ort4g to conifitute the offence contemplated
By tha act, il was recefiary, thar the defendane
LIQUID nave defgned 10 influence unc!ufy, End
oYerawe che election: thst the whole trafac-
ton was iudden ard unprefReditatai no flch
dsiigp aPpeared,.or was carried iato exccu-
s'on; that the threat evidently related TO
fatarc Day, and tha5 it n=yer could be the in
I tention OF the legiAature 70 irnpolc iofeyere =
Punii!hnent for temporary ehatlition Of
PATTON.
The COURT were of opinion wish tbe de-
fendant on both points. Chief Jufice Ship
pen, who delivered the charge 70 the Jury, laid,
that {; was principle founded upon natural
juitice, ard firmly efabIifhed By the laws Of
the lane, that no man fhould be called or e,
cTin'inafe hisofelf. So jealouGy had to legif-
ture guarded this right, anti 70 tender were
they Of iIferingif in the Gightcis degree to.
violated, or cncroacfed on, thai they had re-
fulcd to authorize bills of difcovery even in
civil cafes The queaion pfo9oied in this
cafe, If anfgerea afFiFmativeiy, would have
created the various incapaciiies which had
been fated by the council, aud would have
crininated the defendant = Therefore. tic