The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-02-22

toCrat, is not ~ itirit Al Oneuct, SlthSr legal /,
or moral, even If Il were charge irfce ptible cf
proof; neither was It an ofienc, either legal or
mora, FOR MIR. dams 70 be "fli,lful and fer
vicescie to the Br:ifl intereit," un,ss he there
by betrayed or endangered the intereGs Of lis
own country; which does not neceilarv CO..
low, and IS net directly a'ledgcd ~ ;he pu6iict-
ton. Theft two phrales, therefore, tsl,n e.
psrsteiy, chsrse Sir. Adams with uo offence OF
any kind and, confcCucnt'y, could net DC IN
dittabe as libe,lous: but taken together, they
convey the implication that NJ. ADAMS, Being
an "ariaocrat," that is, an enemy 20 the "
publican government of his own country, had
iubierged The Brjti4 intereit, aeain!5 thc inter
els of MS own country; which wou,d, in his
hluation, have been az o!Itno~ both moral and
legal; 20 charge him with il was, therefore, IL
bc,l0us
Admitting, therefore, thefe two phrafes r.
continue enc dii}intt charge and one entire OF
fence, this relPondcnt conGders and itates il To-
ha law, that no ratification which went 80 p7rt
only Of the offence, could be received. The
plea of publication NUT always anfiyer ne
whole charge, or it is bad Ola the demurrer:
for this plain rcaion, that the o'ieGi of the plea
isfC ihew Ore psrty's innocence; and he can
not lie innocent, il the accnidtion agaiufj him
Is Imported in part. Where the matter oe
oeF.1ce may be given in evidence, without be-
]
The defence muit be of the fame nature, an,
equally complete, ~ one csFe rs in the other.
+ Enc 0niy difference isinehe of bringing
II forward. Gvidsncc, therefore, which goes
only 10 ieitiiY the charge IN part, cannot b rc-
,cciTed. Il is uot ;R6SeSt necefiary. thai th,.
I<hoie oi this evidence fnould b> gwen BY one
"r'o-is. The publication may ccuiit of {eye-
ri 7c'sa Tome Of which may be proved by orc
E-r:1' ard Tome by another. But proof, in
: tuo'' c-;s, mnit oe offered as 70 the whole. or
II cannot b. received.
the cE'e Under couiieration, no proof was
o9efed &c 20 the whole matter contained in the
rse'Ih arrlcie. Ma N;trcfs except the above
f'casEo'ea JOHN isylor. was produced or men
,V1o@c. NGau N-rUCis is oteSeS 10 i court
rT. irIs lH- rickt and dC.y Of the court,
I Z" cqu:r- '-a,cTgnf ~ thc matters Intended
II r; 17vcd BY him. This IS the inyaria6e
tEF"- - ~ H OH courts, ard was done mott
if'',-giy uY 'I5s Celpon0cct and his colleague,
+ o" tae orcs'ioa In queitiJH. From the Rate
, 'ret' g.7rV the traVe75.r's couufel, Of WHIST
! -'eH v%p-,1ea e prove BY the (aid wtncfS, ii
? = ~ arro tsas his tg1inony cog'G have nc POI
i NH'; application 20 z1y part of Che Indictment,
except the t~ciH'. ,j7rE. aforementioned, ard
. o;, vc,N "esk and itu7eHccj application even
'o itat part. Iae co.ut, therefore. as Ii was
p ''S', grt md dulv, reCuefc6 that rhe oucti-
. ~ INTENDED -o be pu5 ~ ti> witreis, !hOuid
( =. r-Gu-ec &c lyr.tI1a. 7u% iubnltted 10 their
!'-lra7iaO: g. 2S to enable ihem tO ju6ee -ao.e
}a' -b'atc.v, how far tho{e qUefious were proper
ard 2,7'r ihle- This 51aiHs don, TIE S{utfti-
. ''s 'vere e The following tenov and cFtt}:
+! ~ t. -''3 you ever hear Mr.. Adams express
a'.y ie1',' nlents favourable % rcusrchy, or a.
{ ihocracy, and what mere shey !"
D. "0,d yoa ever hear GTr. adams while
| Vjce-FEeadeut, eSprefs his d{sppro5aliou OF
| the finding l5iteen %
! Sd. g % YOU know whether Mr. ADAMS did
/ not % the year 1879, vote ags;ait the fequeE
Ha'loN OF Birth debts, and aEo szainit the
! o'a Ior Impending ;Gtercourit wilh Great-Bri-
tam? '
/ The fccoHA quef}ion, Ii is nanifrit, had no
thing 10 dowith thr twelfth charge; far NJ.
dams 5 appreciation or difapprobation of the
! -Jr,sing iyt'e1,, could uct have the moR remote
tendency &C prove tnst he vas an arifocrat, OF
( bad proved faithful and ferviceable to the Bri-
{ h'a jnfercG. IN that part OF the publication
J "HCh iuTni.hCs tie mater Of the thirteenth
charge 90 Che indictment, If IS indeed fated that
] @'r. Adams, ''vFen but Ia iaccudary Ration,
cenurci the funding Eylien,' but theie words
f-c N lhe7teivss wholly iumatcria and no
7tsu7p' 9-s5 D2des nor any evidence offered or
( iPo"cH %, 10 prove the truth cf the other mat
5 Ter coz Ured u the thirteenth charge. II was
ffrom their couret,ion with that other mater.
fS' ,1tis WNTds cC1ld alone derive st,l- ir!,:,:
-z5lI5 sTu C7DleqUcUJIy Their truth OF fa,(e-
F.! 1000 wa, ,'rags,h-r jiuuat,r,al, while that o.
iasr matt -nai'rd improved. This quciti-
I or thsr~'or which Hen foley 70 thole i'm
/ material ords was CLEARLY insdmjfiihle The
tmTt 2Iciaon Gas, - reality, a. far 8s the fe-
cl7b from any connection with the matter in
''aa Although rs irrelevarcy ign2t oui,c 10 %.
( oaFg-' -ir Ed2vs'e having voted sssiEa the
rpr1 ricItIf~- -'lD5e6 20 il hqt r1ysfi,u * h.