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

idoS. it IL { d.ain6 queiiicn; on which the
court may hereafter inarue. the Grand Jury
But at pretcnt with the court merely to errti-
~ teat he is pardoned.-Mr. Martin replied,
tait II the gentleman had attended TO his arer-
meat lie would have fe>n that moe of his autho-
rites had bHrne npon the txiRence of apardoa
and NOT upon the eff, Cts of oue. Chief sSnRiee.
Have any OF you authorities TO fhow. q.bsn
the pardon operates MIR. Martin Certain.
y trom the 'inae of pleading.-C. you
miNake my Queftion. Suppoie the pardon to
If il be proved that he had pleaded it to an
indictment, I prefume an disqualification of
1t would anfwer every purpofe.
MIR. Martin. As another reafon, Sir, why
DIR. Bollman has refufed this pardon, permit
ne to fay, that it would be conlidered as an ad-
.!iion Of guilt. Or. 3. does not admit that
he has been guilty. He does not conider that
pardon is neceflary, for an Innocent man.
DR.. Is. SIR, knows what he has 10 fear from the
persecution OF an angry government ; but he
will brave it all. The man who did 70 much to
riique the marquis La Fayette from hi, impri-
ionment; aud who has been known at 70 many
courts, bears too great regard for his reputat-
on, to with to have il founded throughout Eu-
rope, that he was compelled to abandon his
honour through fear of unjut perfecntien
After fome deiultory conversation, DR.. Boil
man was fent up to the C. J. without any par
t'cular notification. The queition whether he
/ is pardoned; and of courfe how far he may be
called upon to diicioie all that he knows--are
reierved'for future diicul.ion and deciiiou
MIR. Hay requelted leave to inform the G., T.
that fatigue alone had prevented gen. Wikinfun
from attending them on that day: but tina. he
fhoud appear before them on Monday.
Mr.. BottS then obierved, that there was one
point in the iuPpieD,antal charge, which he
withed to notice. In one part of the charge,
inc cIau,e OF the contribution relative to ttea-
Ion, is quoted, which claufe recognizes the ne
ceiiitv of two witneiIes to prove an.overt aS.-
In iuhiequent part, there ferms TO be an i'm
pIcation that one witnefs 10 an overt aet is fuf.
hcient. -How was this contrariety to he cx-
planned :--Cb. Jty?ice. Though the contituti-
on declares that two witnehes nccelIary to
produce conviction yet it may not be 70
ttrittly and abFolutely neceiiary to authorize an
indictment. My prefent imprefhon is, tina,
though there muh be two witneiies to the pe.
neral charge OF Treaton; yet that one witnef;
may be iu'hcent for one act; and another to
Another. Oh. Juice quoted the ttatute of Ed
vi. The law books made this determination
between trial and an indictment.
MIR. Hay. There is one important queftior
worthy OF our confederation, In your fupple
mental charge, Sir, you have referred to the
Va Eu" a'N ' L. nut no luCh ftatute II
now in force here. A general law of the Vir
gln'a Legislature in ~. and .. fwept off all the
bntiih laws; and then they fet to re-ena6tine
fuch as were congenial with our form of govern
meDt. But this ftatute was certainly in force
at the commencement of our revolution anc
the queition is whether, if IL was in force then
it can be 10 conlidered nozv.-Do gentlemen
contend, that we are bound by a ftatute, which
the government has not adopted,
At the clofe of the court, the Chief Juitic,
obterved, as the Editor is informed, that he hac
explained the fenfc in which the words, which
had been remarked on by MIR. McRae, hac
been employed but that he had no defire tia
they ihonld remain in the written opinion
That he did not perceive that they were calcu
lated to excite any feeling; but as it was no
his intention TO convey the idea that convic
llon right or wrong was wiihed aud as tina
idea had been Inferred and might be thereafte
attached TO them by thofc who might fee ,h
opinion without hearing the explanatory words
he had expunged them. Accordingly the
words"was winhed &" were expunged when TIT
Editor received the written opinion.
Some defuitory conversation enfued wher
the court adjourned till Monday IL o'clock.