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

Dey and Jud a,e--;hai the testimony thus
given by your memorialist was reduced
to writing and signed by your memoria
hsi, and your memorabilia was required a
gain TO swear to the same; and upon his
obJ-cting to do so, he was threatened with
imprisonment, and thereby compelled to
swear second time. Hewas then rcquir-.
ed 10 give security as a principal for has APP
pearance al the next circuit Court of the u.
States FOR the y. York d.s,v;et, himself in
10000 dollars, with two sureties each in
20 COO dollars. and Is @itrass himself
n, S 900 dollars, with Two sure,ies each in
S COZ dollars; and this being done, after
"a detention Of about eight hours, your
.mem0riaiist was set at Liberty.
Your .memoriaist is persuaded that no
'commen!s are necessary 10 set these pro-
eeedings in the true poiat oil light. IF
they are authorised by the laws Of the U.
States, then indeed has The inquisition
found sanctuary under their dominion.
But your memoria!lst is advised that these
proceedings against him were as illegal
az they were oppressive and tyrannical--
that there is no Law by which a magis-
trale of the United States can force CT.
tizen to be a witness out of court, in case
OF misaemeanor-that the laws OF the
country do not permit citizen, either by
threats of imprisonment. or by any other
species ofiotiure, to be compelled TO ans.
3er heterogeneous before any secret tri
bunal in the absence ofthe accused, much
less Undergraduates, the answers to which
may lead TO eliminate himself, when the
laws shall delegate 10 a magistrate or to
an executive officer, holding his place at
the will of the Pre- nient, powers in any
wise analogous TO those that have been
exercised against your Memorabilia, there
must be an end 10 that liberty which is
ihe boast and blessings OF Americans,
and which the constitution OF the United
States processes to secure one view of
the subject will be sufficient alone to shsw
1he cnolmity of the power that has been
assumed in the case OF your memoriallst.
IT magistrate may examine an accused
person on Undergraduates, and should be
aGluated by feelings of gratitude for his
appointment, or aliured by prospects oil
future promotion he might wish, and seek
70 criminate the very man whose convlc'
ton might appear necessary TO shield his
patrons from reproach and iniamy. In
such case, magistrate so corrupt,
wonld put such interrogatorIes only as
would serve to cons,Gt the accused, but
Sould be silent as 10 such questions as
might draw forth answers tending 10 ex-
cuiPaiion Or excuse. Your memorialist
is advised, that by the law Of England,
magistrate is authorised to take the exa-
mination of felons, and the information of
those who choose to accuse them. But
that by neither the laws OF the country,
nor of any other where the life and liber-
~ ofthe citizen is not at the mercy OF the
ruler, has a magistrate power TO. extort
partial testimony by way of answer to
such interrogalories, as he may think fit
70 prepound.
Your menorialist further respectfully
represents thatthe honorable judge Patter-
son being sick and unable 10 attend at the
last circuit cour, of the y. States held for
the district of n. York, the cour, waso opened
on the first day of the present monthly the
hon. Matthias d. TaImage, GAG. who aleae
presided during The term tbaton the first
day of The sitting, your nemorialist was
surrendered by his suretles.-Whereupo
the district attorney moved the court that
your memorialist might be committed |;
UPON this the counsel Of your memorialisi
prayed that the warrant upon which your
memoriaist had been taken might be fill
ed, that they might have an opportuni-
fy of seeing with @hatcrime your memo.
riaIist was charged or by what authority
be had been held to bail; but this the
court refused 10 order, aa.. without giving
your memorialist or his counsel any OPP.
portuni,y 10 see or examine for what cause
be was 10 be comnit,ed, the court made
an order in The words following. "At a
{" stated circuit court Of the United States,
/" held for the district of New. York, at the
(" city of New-York, in the second circuit
on Tuesday tie FIRST day of April, 1906,
at II o'clock, A. M. Present, the homo
" rable Matthias 2. Taimage, esquire,
Judge Of the dislriet Of New-Yotk.-
[" The United States OF America vs.. Sa
muel G.. Ogden, Samuel Murgatroyd,
"and Samuel Gouyerneur, the sureties
(" for the defendant, TO appear and answer,
" having come into court, aud by their
counsel prayed leave to surrender the
defendant in discharge of their recog-
nizance, which being ordered by the
" eourt--.bereupon on motion of Tie at
torney Of The distriG in behalf ofthe u.