Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1806-05-30

! mofiaiist vas hrst cxaHiiiSu; - siS $50 -
J. ,4.dqe aud attorney as party accused,
winch eyas,iaation having been rsdaced 20
! writing, was signed by your me NOR iSsis
| Thatsgour memofialiss was then sworn d J.
! witness; and thesfudge having informed Ssf E.
ts~yo,Ir memorisiist thar he would then Q
compelled to answer such questions Is
should tie put TO him, your meTorlallst
renonstra.ed with the jadge as 70 thS ie'
sgaiity Of obliging your memorialtss roe! 70 an
swer 10 any capacity, whether as "iths ::
or an accused party questions wn'en ia'Sa1
,.,end to- eliminate himself; that the Judge
thersupon informed your memorlasisS' .has
iheswas not bound to make answers by whicn
he would b: cfimiaaled; bet notwHnstansa.
Ing, Questions weres I'M :nsdiatsiy pas. 20
your memorialis,, the answers 70 Wh'eh
ffruss directly exculpa'e or crim1nase MIN !;
and among other questions OF tEiis cnafac G,
ter, your memofialist was asked OF W ,nf
the cargo of the ship Leander, which. haa
lately sailed from the port OF New YORK
consisted, and towhat place or port SIZE .as 8.
bound that on these questions being'Pat
f,your memorialistsai that he did not con.
ceive.b by law he was bound TO answer, aad
Enaly refused 20 answer then; whereupon
the Judge ordered your memorlas'st 70 DC
rcommitled, aud directed a warrans to be
made oct for sending him to prison that
your memorialise Being iSnoran. OF the
laws, and not being certain how tar ne was
iusii6able in refusing TO answer the CUES.
tons thar were pus 10 him, prayed that the
-exsminaiion m;gat DC postponed'for ilttle
time, that he might have an opportunity OF
considering whether he ought 20 make the
answers required Of him. ~tbus the Judge
insisted on your memorialis,'s answering.
I Immediately; that your nemoriaIist then
prayed leave to send tor COUNSEL, but ihis
prayer the judge rempsorily refusea.---
That your mcn1orialist, finding that he
should be sent TIC prison if he persisted in
his refusal, and thar if he should De so,
.hat j, would be yuinous to his mercantile
concerns and distressing 70 his family, did
answer the quests DOS that were pot 20 hin,,
not however without objecting from tinie
to time tosnch questions as yourmemo-
rails, thought were illegal, blu, which were
always insisted upon by the oistris, attor,
ney and Judge; that the testimony thus
given by your memorialist was reduced 20
writing and signed by your mennoriallst,
aud your memorialist was required again
to swear to the same, and upon his o.
jeciing do so,he was threatened With im'
+. sonmeHt, & thereby compelled to swear
second time He was then required 10
give security as principal for his appear
ance at the then negt circuit court OF the
United States for the New York district,
himsei! in ten thousand dollars, with two
suretlcs each in ten thousand dollars, and
as a witness himself in five thousand dol.
ta,s, with,wo sure.ies each In Ave Thousand
dollars, and this being done, aftera de,en-
tionof about eightaours, your memorlsllst
was set a, liberty.
Ky ,us n morialia is pcrlnaded that no com.
msnJs are nrceGary TO fet thefe proceedings in
their true point of ligbs. If they are authorized
by the laws of the United States, then indeed
has the inquifticn fcsnd fsnauafy under thcr
dominion. BIZ, your n gloriaiift Is advlicd that
thefe proceedings sga;nf him wer. as Illegal as
shoy were opprefive and tyrauical, that there is
no saw by which naghrate of the y. States
can force a citizen to be w4tnefs out OF ceurt IN
csf. Of nsifiemeanos, that the laws Of this ceon
IL y do NOT permit citizen either 5y threats of
imprilonnaent By any ether pecies Of torture to
BE compelled to ant~er in,errogasotiesbsfc any
fecre, trlbunal in TIE ahfencc of the accufed,
much -lefs inte,rogatories, the anlwcrs to uhich
mag tend 20 eliminate himtelf, when the laws
hali delegate 10 msgiltfate or TO an executive
efhc.r, holding his place at the will Of the pre-
hdens, powers in Any wife analogous tothofe ,hae
have been cxerciied agaiutt your uemoriaiil.,
there mua be an end to ,ha, liberty which is the
| hoaR and bleaing of americans and which"thc
contribution of the United Sta,es proteGes to fe
| cure; one view of the fubjeet viii be fuf7ciert
al me to hsW The ennrnifx nf The nnuter that hap