Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1805-01-18
WHOLE No. 1881

| consideration some on the other hand
have been very recently introduced.
| OF this description is the principle,
! whereon the 5th and 9Th articles rest =;
relative to the extent in which the courts
of the United States, are to be governed
not only in their deci1ioas, but. in their
proceedings by the state laws. A prin-
eiple which was not brought into view
until few weeks ago, and the explana-
ton of which Will require careful con-
sideraiion, Of tl conduct and proceed
ings Of the .up9me and circuit courts Of
the United Stars, from the FIRST esta-
blishmg1.; nfod federal system.
Thees&~Iss s,r'iC.ea ;aye!se ssse -rr-.
struction Of u state laws 6t5f Virginia,
which am charged with having infring-
ed in the trial Of Calender. which were
not mentioned on the trial, or during any
OF the introductory proceedings, and ct
which never heard until these articles
were reported few weeks ago. II 10
manifest that in order to FL the true COM
struCt:on OF these laws, about whirh pro-
fes.iopal men have differed in opinion,
recourse must be had to the decisions Of
the courts Of that state, As explained by
their records or in case those records
should BE- silent, to the recollection and
opinion of professional men, accustom-
ed to preside or attend in the courts
where those laws are enforced. tits
manifest that such an investigation can
not be accompishedina short time.
The facts on which this prosecution
rests, except the last article, are alledg-
ed to have taken place four years ago
some Of them at Philadelphia, some at
Wilmington, in the state Of Delaware,
and some ut. Richmond in Virginia
These facts are very numerous, and the
greater part Of them are Of such nature,
as to depend for their eEiminality OF in
nocence, on minute circumstances, or
slight shades Of testimony, and often on
the different manner in which the same
circumstances may a4ect different spec K
tators, all equally disposed to represent
truly what they observed. The most
material fact4 are alledged to have hap
Pened in Richmond and PHILADELPHIA
In the formeIof these places I am an ut.
ter stranger, having never been there bse
once and il the latter, know person:
ally but very. few individuals. These
circumstance render It very difficult for
me, to ascertain the persons who witt
messed the various transactions in ques-
ton, and are able, after this lapse Of
time, to give accurate testimony concer-
ming them md this difficulty is very
much increased, ythe distance Of those
places from that Of my residence. as
sure this HONORABLE Court, that from
the moment when this prosecution as
sumed a serious appearance and dchni-
tive form, at the last session OF coug, 5,
have turned my att ntio1 10 III SUD /
ject of nv defence, arc rlN a"sv,rr, anY.
have exerted n sell N nnGiAS o., 40
procuring the requisite leesjm.",, but
the difficulties which Ih,Nc <-4tei, al
ded to nv ii state e hea!1E uul .E.y /
great part Of The last year, have FrtEeEt-
ed me from making such progress as 70
afford me the hope Of oeine ahi' IL o:s.a':s
the object in very short time. have
done much. but much, very much re-
mains 70 be done, even in those PARIS of
the prosecution whore had some no.
tiee by the proceeding Il last sessi"h.
In those very material parts which h~.e
originated during the present sesstca,
every thiag is still to be done.
1t may perhaps be thought, dat al.
thoug n these preparations might be ne
ees.ary for the trial, they are not for the
answer. But such an opinion I trust.
would on examination be found CHROME.
Gus. -=z~=$ -.
The answer, in cases Of impeaehment.
must, disclose the whole defence, and the
defence must be confined to the matters
stated in the answer. Otherwise the
prosecutors might be surprised at the tri-
Al, by objections which with previous no.
sies, it would be in their powsr to refuts
or explain. The accused therefore, be.
> q l.