Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1806-06-03
[l2 IL Gem Singled

L.'Snt nave SanCuOEeO hostile military
! expeditions, though there had been no
| public declarations Of war. III Congress
had seen fiji to wage war with Spain, and
1t had been thought proper 10 carry on Sc
cret enterprises before the declaration
was made, the executive would have been
the organ through which such enterpri-
ses must have been executed. When.
therefore, your memorialist was certain
!has the President and Secretary of STATE
had perfect knowledge of the Intentions
OF Cen Mir aDda, and that he was max
ing preparations to carry them into exc
cotioh-when your memoralist found
that no measures were taken 10 check
those preparations by the Executive--apd
when, IN addition to all this, your memo.
siaiist found thar the bill for preventing
The expectation oFarms had been arrested
IN its progress, according to the prediGli-
on OF the secretary OF slate, your memo.
riaiIst could not but conclude that The ex.
petition of gen. Miranda, not only met
the appreciation or government, but thar
II was sanctioned by the isws--your me-
moria'ist could not have believed tina, The
executive officers of the government see
ing preparations for an Illegal enternr,se.
ana possessing power 10 arrest them in
their progress, could calmly look on Ut,
Inc mischief was complete, and then pu.
nisn The offence THAI they had thus en-
Outraged, and rnighl have prevented. IL
the Object of government was ONLY the
punishment OF crimes, such might have
been the conduct &c It's liicess; but if yo-
Vernmenis are Instiiured 10 be The nua,di.
ans OF The peace, happiness aud tianquiIi-
~ OF society, and of ali its members tben
1t Is crimira! in its officers 10 nurse aad
nourish all offence till il shall attain IT'S
maturity, that it may be fit obieGl for
giving effect 10 the SANCTIONS of ;he crlmi.
nal code.
Your memorialist further respectfully
represents, that ON the ST day of March,
last he was arrested on a warrant. issued
oy the hon. Matthias Il. TsIlmaee, esq.
Judge OF The district court of the Unite,t
',tatss tor the district Of New-York, and
Ihereupon was carried before the said
Judge, whom he found attended by the,
district attorney ofthe United States and
some other officers of the court---that your
ihemoriaiist was informed that he was
then before The court in three capacitjess
mat IN the one he was &c examined as
J person charged with The offence- men.
-ioncd IN the warrant; and In the other
as witness against Others who were par
lies In The same offence-that he Womb
Dc al liberty To answer or no., as he shnod
Inink proper, such Questions as should he
pus to him IN the first capacity; but thar
me Court would compel hirn To answer
me 'nierrogatories thae would bs PIT IN
MN as "itness--lhat your metnoriai;St
was hrst exam ned by Che sa,d Jrdee and
Attorney, a. parry accused, when eva.
nina'lon having been reduced 10 wr,,r,.
was signed by your me moLialis,--thaf
'ou' ine'Ylia!iSt was then sworn as
and the Judge having informed
your memcraiiat that he would ,hee he
competed 10 answer such ions az
should be put to bim, yrur memae;,iI,t
demonstrated with the Judge as 10 IN. L..
sai'iy OF oblIsing yOnr ms moriaIi.S To ans.
"ef 10 any capacity, whether as q witcess
Or as al accused party, Questions which
might tend 10 eliminate him,, ic--th,,,,a
Juage thercupon Informed your meme.
'ahS', thaI he was not bound 10 NIKE
answers BY which he would be crimipa.
cd out notwithstanding, questions were
mmedia'eiy put TO your memorialist. I'm.
answers TO which must directly exculnsis
Dr. crImIhale him and among otbep
questions OF this character, your memo.
'ialist was asked OF what the CARGO ne
he ship Leander, which had lately sailed
rom the port of New York, consisted and
o what place or rort she was bound ; that
IN these Questions bei~s put, your me-
norIaiIst said, that he did not Conceive
BY law he was bound TO answer, and f.
iaiy refused 10 answer them whele.rs
'n The Judge ordered your memoranda,
Dc committed, and ditccted warran, -
De made ont For sending him to pri.on.
nat your memorialist being ignorsn, ~
he laws, and not being certain how ear
&c was tlstiiable IN refusing to answer
he questions that we're put to h:o, nrsv.
"a That the examination might be post.
'oned tor little time, that he MIGHT bave
IN Opportunity of considering whether h.
'ught to make the answers required az
nm. But the Judge insisted on youa
nemopaiIsI's answering Immediately
hat your menorisiIsf then prayed leave
o send Tor counsel; bot this PRAYER The
Judge perem ptorily refused. Tbat -.