Jenks' Portland gazette., 1805-01-21

think untcDable-
Bu, ~ cafe Of this kind, where the accuia-
ton embraces 10 grcst variety OF chaiess' %
principles, and OF t4tts, II IS maniieu' 'h' pre-
caring "a h an anfwer, as have right to MAKE
and as my duty to nayieif,my iAm'iiy'my TRENDS
and my country, requires az my ha""s' : 'o"-
tiderabIc time muii be necehary,
Many Of the prin,ipses invoved IN rms ~ :
peachmcn,, are ve1y inpcrtaat, NOT oniy 10 he'
bur TO the liberties of every American o'ize"'
and 10 he cauie of free government M eener-
al. lhefe principle; cusht TO Dc matureiy con-
6iered, and CLEARLY explained. They ieient
wide field of legal inveitiealion many al then.
require laborous and extenhve reieaTch, and
although toce Of them have accompanied euthe
pro!coutioD from iss commencement, ana nave
thus been for CONFEDERATION iome on the O.
ther hand, have been very recently introduced
On this delcription is the principle, whereon
the 9Th aad 9th artic es IeGt /; relative 10 the
extent in which the courts Of the United States,
are 10 be governed nor only in their dec1Fanf,
but in their preessdings by the itate laws. A
principle which was not brought into view an
Gil few weeks ago and the explanation OF
which will require careful confederation, OF
the conduct and proceedings Of she Supreme
and Circuit Courts of the United States. from
the Erit eta. .ithnent of our federal ivttem.
The fame articles involve the contraction OF
two Gate laws of Vngiaia, which am charged
with having intringsu in the trial OF Cn4eaaer,
which were not Mcntioned on the trial, or du-
ring any of the introductory proceedings, and
of which never hSard unfil sheie articles were
reported a few weeks ago Ii Is manitcit .o.t
in order 10 fix the true contribution ct theie
laws, about which proisiiionai men have diifcr-
ed in opinion, ,rccourc mat be had 10 the courts
of that Gate, as explained bv their records; or
in cafe ,hole records ihould be iient TO the re-
collection and opinion Of prcfellora men, ac-
cuitomed t preiide or attend in the cou,t
where thoie laws are enforced. Ii is manltet
that luch an inveif' gationca mot be accomplish
ed in lhort timc,
The facts on which this proiecut;on reit, ex-
cept the Iail article, are alledSed to have taken
place more than tour years ago; iome OF them
at PbiAadeIphia, iome at WHmiagtoa i'll the ttate
of Df s.,aye, and fome at Ritbmoxd, in Virginia.
lheie tatts are very numerous, and the greater
part of them are OF tuch d ma ure. as to dep9ud
for their criminalty or innacence, on minute
circumstances, Or lisht thades OF teitimony and
often on the different manner in which
the fame circamitauces may affect different
spectators, all equally diipotsd TO reprstent truly
what they obierved. l he mott marerial facts
are alledged TO have happened in Rifbmsna and
Pbtiadt Ibbia. In the former of thstc places
am an utter ftranger having never been there
but once and in the latter, know perionail,
but very few indiv uas heie circunitan,e &:
render it very difficult for me, to al ceriain tn
perions who witue1cd he various traniaction,
in queitiCn and are able after this laple ui time
TO give accurate ,eitimony concerning them
and this difficulty IS very much increaitd, b,
the difance of thofe places from that OF my rt
tidence. | allure this Honorable Court, tn
from the moment when this proiesntion afume'
ferrous apl sarancc and a dennitve f rm, a
the lait feiiion of congreis, have turned my at
tenton to the fubje6 of my defence. and m
an(wer, and have exerted myielf in tiEcing on
and procuring the rcquiite eitiinony but III
difficulties which have hated, added 70 my il
tate Of health during great part Of the lai
year ,.have prevented me from mixing iuch pro
drefs, as TO afford me the hope Of being able t
obtain the object IN very ihort time. hav
done much very much remains TO be done, {
en- in thoie parts of the proieoution where ha
iome notice by the proceedings Of la6t feiHon
In thoic very material parts which have or
sinated during the prstent icilion, every thing
fill TO be done.
1t may perhaps be thought, that althougl
thefe preparations might be neceaary for The tri
al, they are not 70 for the anfwer. And fuch al
opinion truit, would on examination be fount
erroneous.
The anlwer, in cafes Of impeachment, muf
diiclole the whole defence, and the defenc
mutt be confined to the matters fated in the an
fwer. Osherwile the proiecutors might be fur
priied at the trial, by objections, which viii
previous notice, it would be in their power t.
rcfute or explain. The acculed therefore, be
L. L