The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-04-30
[voLunE j.

/ 81
MIR. Hay. know colonel Harve, but what
is his political character / do not know, lived
at Petersburg and he at Richmond. only knew.
that it was fad that he did not vote with the re-
publican party.
| Mr.. Randolph. Are you acquainted with Mr..
William Rldford, what are his politics:
Mr.. Hay. fIe was ranked among thoie cal
| led moderate, but / am not we'll enough ac-
quainted with him to decide upon his political
character.
Mr.. R0nd0lob. Are you acquainted with MIR.
Marks Vanderval, and what is his political char
acter?
Mr.. Hay. He is avery reCerved man, hut has
been uniformly regarded as arepubiican, though
not a jealous one.
MIR. Randolph. In criminal actions, did YOU
ever hear of a bill of exceptions being fled in
Virginia
Mr.. Hay. Never, Sir-therc can be no fuch
thing, If would anfwer no purpofe---becaufc
from criminal court there is no court which
has appellate inrifdi ction-there is none even in
| cafes of mifdemeanor.
| Mr.. Randolph. But cafes are adjourned from
the diitritt courts to the general court.
Mr.. Hay. There is particular procefs for
| that purpofe, criminal cafes are not carried up
after trial, for the deciiion in that cafe is final;
but II the ditrict court are unwilling to decide,
! it is then carried up TO the fiIp-eme court.
| MIR. HARPER. I underftood you TO fay that it
was your intention TO argue the point. What
point did you mean?
| Mr.. far. l meant to contend againh the
conitituionality Of the fecond fiction of the ie-
diton law.
| Mr.. Harper. Did you not mean TO argue It
! before the public, although you knew it would
he unavailing if addreEed TO the court. Did
you mean by that argument TO acquit the ira
-erier, or to produce a political effect ont of
doors.
! Mr.. Hay. meant to addrefs my arguments
to the court ifthey fhould work the acquttal
| OF the traverfrr, or operate any wife in his IA
vor, it was thing TO be deGred; if they ihould
affe6t alto tie public mind, tda too was def
rable Circumstance.
Nh. Harper. ak you now whether you did
not fay to the martha! that Calender could not
a continuance ofthe caufe, was to gain time, and
bring the trial nearer that period in which it was
probable that he might get pardon.
| Mr.. Hay. have no recollection of having
iaid any thing of this kind, but if Mr.. Randolph
(the marfkaD favs that I expreiIed myfelf to him
in that manner, fhall not contradict him.
| Mr.. Ha per. | underfood him to fay 70 in
his teffimony.
| MIR. Hay. / do not recolea it.
d. NJ. RANDOLPH was called in bv Mr..
| Harper, and afked whether Mr.. Hay had not
| iaid to him that Calender could not be defend
ed. and that his Purpoie TO keep off the trial
| till the next court, in order to obtain A pardon
| NJ. RaHdobo. ! do not recollett the words
which were ufed, but underftood that Caller-
der could not then be defended, and that he
would turrender himfelf at the next term.
think it proper to remark one thing further;
| there never was panne! of the Jury made out,
| or prefented to Judge Chafe, or any other per-
ION, till the morning made if out in court be-
| fore the commencement of Calendars trial ex-
cept in the cafe of the grand jury when if was
handed to the Judge on the bench to appoint
freeman. In ietting down their names on the
| hit arranged them according to my own idea
of their refpeeability
| Mr.. Nicbolon. In your conversation with
MIR. Hay, did he tell you that he wifhed to delay
the caufe, in order to bring it nearer the time in
which he might obtain Calendars pardon?
| AZ. P0ndolbb. He did not nfe the words, but
] thought he had If in his mind. / inferred it
| from the conversation.
| Nr. Randoleb wifhed to ak another qucllion
| of Mr.. HAY, who was therefore called in
Mr.. Randolbb. Did you ever fay that Cal
lender could not he defended
| Mr.. Hay. / cannot recolleGt what may have
faid on that point, but rccolleft perfectly that
| was imprened with the idea, that he could
not be defended, if the charge was either for
writing or publifi,ing the Project Before Us,
tor thief facts were roo notorious TO be called
in quefion. But did then think, and always
iince have thought that lie might be defended
on the ground of the unconfitutionality of the
fcdition law.
Mr.. R0ndolbb. Do you mean when YOU fty
that he might be defended on the ground of the
unconfitutionality of the fcclition law, that YOU
would not have defended him on any other
ground, fuch as flaw in the Indictment, or a
miltatement of the matter of the book in the iD.
di9ment
Mr.. Hay Mot certainly, Sir. 7 meant to
take advantage of any nifake or dcfecl that
might appear in the Indictment, or in the evil
dence and that may be evinced by recurring
to my objection againft the witnefTes who were
concerned with Calender in the publication,
when told one of them that he was rot bound
to give teltimony which would go to crimihste
himfelf.
Mr.. NICHOLAS called.
| Mr.. Key. Do they ever arraign perfon for
a miidemeauor in Virginia
| Mr.. Wicbolas. lido not recolIeef that they do.
| Mr.. MONTE OMERY was called in, at the
intance Of Mr.. Nichofon, who dcfired him to
explain fome parts of his teftinouy.
| Mr.. Moafgomerg When I was before this
| Lf,- 10 al E.n II n =