The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-06-03
Domestic 3n:eI!igcnre.
FROM THE UNITED STATES GAZETTE.

FROM THE UNITED STATES GAZETTE
To the Houowa6ie tie Senate and boue of R.sr,.
/. Jsnfati1eS offoe United States of 4msyisa, in
eonsrelj a0smbIea,
THE MEMORIAL
OfSamuel G. Ogden of tire city of New-Y
Merchant,
(Coneluded.J
Your memorable further RESPECTFULLY repre.
tents, that on the firft day of March laf ne was
arrefted on warrant, ifIued by the honaura.
bic Matthias B. Talmaae, Efq. judge Of the
d,trict court OF the u. S. for the New-York
U'.tr,ct' and theteupon was carried before the
is,d Judge, whom he found attended by the
diitriet attorney of the u. S. and fome other of.
hcers OF the court-that your memorable was
informed that he WAS then before the court in
two capacities; that in the one he was to be ex
amined as perfon charged with the offence
mentioned IN the warrant and in the other as
witnei6 againft others who were parties to the
lame ofence-that he would be at liberty TO an
fwer or not, as he Giould think proper. fuch
queitions as ihoud be put to him in the fra ca.
Pacity; but that the court would compel him
10 aniwer the interrogatories that would be pu.
to him as witnefs.-Thatyour memoralih was
hrie examined by the faid Judge and attorney as
reonced to writing, was hgned by your memo
r'aliit.-That your memorable was then fworn
as witnefs; and the judge having informed
your memorIaift that he would then be compel
ied to aniwer fuch queftions as fhould be put to
him, your memorable remontrated with the
judge asto the legality of ohleing your memo.
riahft to aniwer in any capacity, whether as a
witneis ora an accufcd party, queAions which
might tend to crminate hinfelf-that the Judge
thereuPon informed your memorabilia, that he
was not bound to make anfvcrs. bv which he
would be eliminated; but notwithstanding uuef-
tons were Immediately put to your memorial
lit, the anfwers 10 which muft directly excuI
pate or crminate him and among other ouelli
ons OF this character, your memorable was ak
ed of what the cargo of the .hip Leander, which
had lately failed from tia. port os New-York
conhited, aud to what port or phase fhe was
bound {; that on thefe queftions being put, your
memorable faid, that he did conceive that by
law ne was bound TO anfwer, and finally refufed
10 aniwer them; whereupon the Judge ordered
your memorable TO be committed, and diretq
ed warrant to De made out for Tending him to
Priioh; that your memorable being ignorant of
the laws, and not being certain how far he was
liItihaeie IN retuiing to anlwer the auctions
tnat were put to him, prayed that the examna-
ton might be pofponed for little time, that
ne m'ght have an opportunity of con(iderinr
wheiher he ought 10 make the anf,yers reouired
OF niin. But the Judge iniiited on your memo.
RANTS aniwerng Immediately that your me-
monaillt then prayed leave to fcnd for counc.l :.
D,,t this prayer the judge peremptorily refuftd
mat your memorialif finding that he fhouId
De ient to Prifon if he periited in his reful. and
thar If he fhouid be 70, that it would be ruinous
10 ms mercantile concerns and dihrefIing to his
'anily, did aniwer the queIlions that were mt
20 nun, not however without ohieeting from
tinre 20 time to fuch queitions as your memori
AHA Thought were Illegal, but which were al.
ways United upon by the dftrict attorney and
judge; that the teitimony thus given bv vour
inemoraliit was reduced to writing and fjgped
oy your memorable, and your memorialiR was
,eq'ired again To twear to the fame, and upon
hls obj.cting to do 70, he was threatened viii
imprisonment ard thereby compelled to fvear
iecond- time. He was then required TO give
iecnrity as principal for his appearance at the
tner; next circuit court ofthe u. S. for the New
OK ditrlct, himfclf in ten thourand dollars
win two irretIes each in ten thouland dollars
ana as witneis himfelf in i've thourand dollars
with two iureties each in five ,houland doll,rs
and this being done, after detention of abou;
eight hours, your memorable was fet AZ liberty
our memorable is perfuaded that no com.
ments are neceBary to fet thefe proceedings in
.heir true point OF light. If they are authorized
~ IHN :" " q vi tHC ". D. tne0 indeed has the in
quihtion found fInStuary under their c,omini-
on. But your memorable is advifed that theft
proceedings againft him were as Illegal as thev
were opPrci'iye and tyrannical, that there is M
law ny which magiftrate oft the u. s. can force
citiZen to be wltnefs out of court in csf. of
mltdemeanor, that the laws of this country do
NOT permit citizen either by threats of impri-
Torment or 10y any other fpecies of torture, to he
competed to anfwer interrogatories before anv
iecret tribunal in the abfence of the accuCed.
much Iefs Interrogai cries, the anfwers to which
may tend TO criminate himGelf, when the laws
Ihall delegate to magihrate or TO an executive
officer, holding his piece at the will of the Pre-.
iident, powers in anywife analogous To thoCa
ihat nave been exercifed aganft your memorial
iii, there mutt be an end TO that liberty which
is the boat and hlefiing of Americana, and ,;ho,,
the contribution of the U. S. profehes to fecure
one view ct the fubje6 will be fuficient alone
to thow the enormity of the power that has been
atumed in the cafe of your memorable. Ifa
magiitrate may examine an accufed perG,n ON
lnterrogatories, and fhould be aGuated BY feel
ings of gratitude for his appointment, or alur-
ed by protpects of future promotion, he might
with, and feek TO criminate the very man whole
conviction might appear necefTary to fhield his
patrons from reproach and infamy. In fuch
ale, magiifrate 70 corrupt, would put fuch
heterogeneous only az would ferve TO convie
the accufed, but would he filent as to fich
queftions as might draw forth anfvers tending