The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-02-26


charge which a,led~ed that ".l,e hands O.
I'sr. Adams, were rtcking with the blood OF
me poor, triend'eis, Connecticut faiIor." limo
| my Picktrlng was to prove, that M. Adams,
while Prcldcnt, and while Congrefs was in ftf-
J non, was many weeks in 3odeiiiou Of important
, diipatcneS, from the American rniniRsr IL
France, without communicating them to Con-
greis. This tefimony was utterly immateriai :
becauie, admitting the fact to be 10, MIR. Adam
was not bound, in any retpe6t, to communi-
cate thoie dispatches 10 Congreis, unlefs In his
dneretion, he ihouid think itnecefiary and afo,
becante the fact, if true, ha,, no relation to any
part Of the indictment. There are, indeed,
three charges, on which it might at frI Fight
'eem TO have fome Tight bearing. Theft are
me eighth, the words furniihing the matter o.
which are, " every feature in the administration
OF Mr.. Adams, forms difinel and additional
evidence, that he was determined at all events,
10 emhroIl this country with France :" the four
teenth, tie words ftated in which, alledge, that
8 ny Tending thcle ambanadors to Paris, Mr.
Adams and his Britilb faction, del;gnsd to do
nothing hui mitchell" and the eighteenth, the
matter OF which ft7tes, ''thst in the midG of
iuch icene of prc!ligacy ard uiury, the Pref
dent perEfcd as long as he dura, in making his
utmof Efforts, for provoking a French war;
o no other charge in the indictment, had The
evidence of Tim>,ly Pickering, as ftatcd in The
AFFIDAVIT, the rer oicft affinity. And furcly, ii
"lii not lie pretended by any man, who ihali
compare this evidence, with the three charges
aforementioned, that tie f76t intended to be
proved byit, furmiaeA any evidence proper TO
go to jury, in flppCrt OF either of thufe char
yes, that every feature O! his administrations
formed diitirSt and additi0Ga. evidence, of 2
determination 1T all events, tocmbroil this ccun-
try with France" that 81 in fcndiag amhs.i;i
q he ip+N
Chief that Sc in the Ridf Of fccne of profit
sacy and uiury, he periilted, as long he durlt,
IN maIug ms utnloit Efforts for provoking 4
French wlr are charges, which furely cannot
DC Imported or iuftiied by the circumstances
OF his " keeping in his pollsilion, for fcveraI
weeks, while ConGretS was in iciiion, difpatch-
cs rem The American ulnfer in FRANCE, with
out communicating them 10 Congrefs,'' which
he was not bound TO 90, and which il was his
dnty not TO do, If nc iuEPof-d that the commu-
nicailon, at an eariic' period, would be iniuri-
oas to the public mteief The tet!uonv Of
William b. Giles and Stephens Thompfon ria
ion, was TO prove, that MIR. Adams had uttered
III their hearing, certain f,ntmcrts, favorable
10 arltocratlc CT monarchical principles Of &C
vGrnmcrt.
This had no application except TO a part O.
TIE twelfth charge which has been already
!hcwn to be wholly immateral if taken fcp1-
rateiy: and wholly Incapable of a ftparate iui-
tihcation, it ccni'dercd as part Of an entire
charge. And laltly, it was 10 be proved bv
general Blackburn, that il MS anfwerto an adj
dreis, MIR. Adams avowcd," that there was
party IN Virginia, which defrrved 20 be hum
hied into duff and at.es, before the indignant
frowns of their injured, ,niulteG, and offended
country" ! here were bit zoo charges in the
indictment 10 which this fact, if true, had the
moit diilant resemblance. Thrie are the 18Th e
Sth, the words forming the matter of which, !
call Mr. Adams an Eoary-headet libeller OF
the governor OF Virginia, who with all the fury,
5nt without the propfiety or fubmity of Ho- |
fr'er's Achilles, kawed o;,e, :, arms, then, 10
arms J" and "who floating on the bladder of
popularity, threatcned to make Richmond the
centre point OF Il bonfire" Il would be an a.
bus Of the patience ofthis honorable court to
occupy any part of it's time in proving, that
The fact intended to he proved by genoa!
Blackburn, could not i'll the nisltth degree
rapport or jCtify fach charges IS thefe. This |
IS the account given Of the tsGimony Of the ab- |
ient witnei.es,by the affidavit flied as the ground
or the motion FOR a continuance. From COM
PARTON Of Il with the indictment, it viii appear,
HAT out OF twenty charges in the indictment, |
there were but eight, TO which any part of the
teit'mcny of theft witneGrs had the roR diGant
aliuiion: and that OF thc C eight charges there
ere FIVE, which the tctjmony having iome allu-
ions To ihcn, could not in the fghtelt degree
iupyoIt. Twelve charges therefore, remained
without even an attempt to julfy them and
tcVenteen we're wholly defitute OF any legal or
iuf'icieut ratification. On thefe isveuteen
charges, therefore, the ulyerfer muR have
been convicted /; even if the remaining three
had been completely iuG,fci by the teAimony
Of the ahient witueice. Inc conviction OIL
thete le'entcen charges, or even on owe Of them,
would have Pui it into t.c power Of the court 10
hne and imprlion the ;rayeaer, to the whole
extent allowed by the law. IF The truth OF
tbcie three charges, admitting il TO be eta
b.6hed, could have any etetl in mitigating the
punifhmcrt, which depended on the court
and rot on the jury, the court IN painne FEN
;cnce sht make, ard IN dis cafe, actually
did make, the fuileh abatement on that ac-
count tia! The tcfimony if adluced would war
rant.
This te0imory, therefore, was in every view
immateriai and had 1t been material, thsr-
cx3ed no ground of rcafonable expectation.
that it could be obtained a. the next jerD or -
ny future term. For fbeie reafous, and not
from th0ie criminal motives, which withcut
The leaf fhadow Of proof are sGriJed 90 h;m,
this Respondent did oyerule aod rejcl} the mo-
ton for a continuance till tfe next term al; &
was his duty TO 90, Guce he bad no d.lcr.t-
Oh in the cafe, bu. was bound by thc rules OF
law.
But in order to AFFORD every accommodation