The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-17


Du. there can be no doubt, if he choofeS to
DECLINE his pardon, that he ftduis in the fame
6ruatig~ v3iGh every other ~Itn.ie, who canno,
be forc.cr to- cr,ninale themiclves.
Some, erf,i,ory corverfl,ion here eniued
when MIR. Hay ooferved that he ikouid ex-
tremrly regret the lois ot Dr.. BIS tch;inorH:
Re believed il TO be material lac t,l,ted that
he fhould obtain it, however reluttAntiy given
the court would perceive that DR.. Bo,nan
now po!.efrd {, mucbszeai, as even to eucoun-
Ter the rii,l OF Indictment for treafon.-
Whether he should appear before the Grand
Jury under the circumstance of pardon be-
lag unexcd TO his name, might hereafter be-
come the object Of a cittinet arrangement. In
the mean time, he might go up without any
iuch noti6c a,ion.-Counfeif for MIR. Burr &C
quieced. Cliff Jxjfiee. Whether he is really
parioned not, cannot at preient declare
/ NUT take time TO deliberate MIR. Hay. Ca
tesoricaliy then / ak you, MIR. Bolimau, do
YOU accept your pardou.-Mr. Bollmau. /
have already ani~ered that quefion irveral
times. fay, no and l repeat that would
have refufed it before, but that wi!hed this
opportunity of publicly declaring it.-Mr.
Hay. If the Grand Jury have any doubts T.
boat the auctions that they put to DR.. s.
they can apply to the court for infruttious.
atIrrr, fir, that Mr.. Bol'man is pardoned
man. / with the oppoite council to prove
that lie 10 not. l therefore move, fir, that he
be fent up to the Grand Jury, certified by you
that he i. pardoned. make this motion, that
gentlemen who win to difcufs the queltion,
may have an opportunity of producing their
argumenfs.
VI, H':Hdz,s Council for Mr. Bollman. There
are J queitions to be decided. Whether wit
nefs is bound to aniwer any quehions which tendr
TO criminal. hmfelf, afford Glue to evidence
for that purpole ?--The operation of pardon, whe
ther changes the queGion but i'll this cafe it hav
ING been refufed, the court notice it.
Who is TO be the Judge, the witneis or the court
as to the propriety of aniwcring the queiiion 3
On the firth eueition, MIR. w. laid down the follow
Ing propofors--l The rule of law is thar no
man ihall be bound to snfwer any qneiliou which
fall uccufe hin,ieif--l. Me Nay's 256. Haw.
G. 4s.-2 He fhall not be bound to anfw=r any quef-
ton which fhall accufe hinlfef of miideneanor--
Mc'Nal 256-s. ale ihall not be called upon to
calumniate himiclf--l. McNal ESQ, Sta. I.
s22 1855. Tabfborough's cale.4 He is not to
dtfame himlelf-1. Mc'Nal; 2j6, 258. Sta. T..
1875. Not to aniwcr eninaring quetons- =
Mc'NalI; 256.--6. To ak if he is a Roman
Catholic, is no, permitted Nal: 2j7. 9 Sta
T. Ala. 9 Dougl. 599,--7. Not bound TO aniwer
any queaion WHICH tends to erimiuate himfelf =
Me'Nall 257. 4 STA. t. COS, Co.'s. The cafe
of Gooi.y in this upon the trial of Reynelds,
was called who had been acquitted, the day before
the Grand Tury.--So. Black. Reis. q
AS to the I'd quefion, the rule Of law is the fame
even if the be pardoned.--l. "A wtueis al
though pardoned, fiall not be holnd calumnia..
himfelf for the pardon having placed him in Statu
quo no quelton ihall be alsed hin, which fall tend
to make him contemplate do away the tbcuef OF
the pardou-l Nfc'Nall, $50. Sta. Fri. S22
loS5.--i bound to acknowledge himfelf acquainted
with any trea(on, he was guilty OF very high milf
demeanor, and therefore do away any benefi,
from the pardon.--ipt court Cannot notice par
dom unlefs a pardon by Sta. for if under great zeal
and accented, yet it would be III Court al
lew il IL not plsatied.-2 Haw. Oh. 81 Sec. SO
Sec. 81, IS. 5 BAG. 294-lf party only entitled
upon pleading then If he refues, take
notice of t-Here party refutlng, court muit fay
not par ioped for until it is pleaded party liable 10
he punilhed For if he pleads guilty, the corrt
will not allow him SO plead it aterwards--2 Haw.
ch. 81. Zee. So. Bae. 294.
As to the 3rd eue(lion, the witnels mum be the
iadge of neceiE;y.--l. Becaufe can only know
what the ani~er is, and the bearing twill have
.. IL the court to decide, they rluH know, whe,
would De the anlwer, and to get that from the wit
40 crininate himlelfs which l have ihewn he is
not bound to DO.
If it be objected that by this means, TO witnef.
would give evidence againf the accufed 1T may be
anfwered, l. The refuiai is upon oath, becaute he
atiirns that to anfwer il would be eliminate
himfelf.--2. You have fame obligation on him 20
anfwer that truly, fpeak truth upon any other
{ubject %. If he perfumes hinrlf, in thar he would
certainly do it to get clear Of giving evidence :
gsinit accuied.-4. lt is his privilege anfwer
any qieulOn naViIiS tnae tenCenSy--S MS rule Is
upon the following authorities THE court in a
cafe in I743, in 4. Sta T, Ala note lates TO wit,
"if you think it will crminate yourlelf, you need
not anfwer it."--l McNall. 257. 1t is put to the
Syitnefs and TO the court, bscaue he knew what
was to be the anfwer--if il be objected thar nothing
IS evidence agan6 him, which he may fay on his
OATH tho anfwer is that it has been otherwiie de-
cided.---2 Dougl. 500.
Mr.. Martin would merely fugget few adj
ditionsl authorities among theie were Bac
p. s932 HarIins Oh. 81. p. So. 60. e5.-Mr.
Martin contended that thefe anthorotes de-
monGrated that there were two kinds Of par-
dons in England by Parliament and the
other under the Great Seal that the firti ex-
empted an individual from the connzauce of
the court as 10 the particular crime for which
he might hand charged bat that the latter
was no bar 10 judicial profecntion aud was
not indeed efectual until it had been pleaded
and allowed in court. Mr.. M. afo quoted
an authority from SdIked TO new in corrobora-
tion Of Mr.. WIS petition that no witnels howe
yer exempted from The charge and necefiity Of
eliminating himtelf however refponhble
on that account to the law; can I've made to
dfctedt himielf by his own telmony Mr.
Williams ALTO quoted another authority to the
fame effect from p. 95s Of Mc'Naliy'S Evil
dSnce.
Mr.. Me'RHe 1t is extremely uncertain, fr,
whether Ms. Boiman will or will not anfwer