Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-10-27

O. tic granI-lury ShOUld lnsc any right they
NAY nave, bv any acquiescence of mine, if
by law grlnj-iurvmau ought not to be
Gated uOOn 90 State. what happened before
the g"tnd-jury. l submit myself tn the
court, and will act according to its judg-
ment
Ctirf Justice There is no doubt but it
would he in!D oper Tor grand juror to be
examined to establish facts as founded on
the evidence gwen before :, grand Jury, be-
cause the statements sworn TO before them
are only erharte 4: but as to what a wit
ness now called upon, did say before the
grandjury, evidence may DC given by any
granddaughter to prove the consistency or
inconsistency of the witness. AS an indivi-
dual cannot say but approve of the origi-
nal policy of the law, which prescribed in
the oath of grand jury men Il clause of secre-
cy but when the Legislature of my country
have changed that law, ard s rLck our OF the
oath what relates to secrecy. it proves tome
that the Legislature thinks differently
Mr. Hay. This circumstance has weight
thought we could not come 10 this qursiI-
on to day, but it involves the most serious
consequences. The grand-iuryman is cal
led to establish some change between the
statement OF general Wilkinson before the
grand.jury, and his statement made known
in court. The court ought tn he state, before
they admit such testimony. | have be en-
told that the reason which induced The Lee
glslature To make the alteration In the oath
OF grand jurymcn was this.-All present
mentS were 20 he made, on the knowledge
OF f'y2 Of their own body, Cor on other lc-
sal evidence,) and rs their oath required
that they should keep secrecy, it WAS often
impossible for the attorneys who prosccu-
ted for the commonwealth, to prosecute
with effect, as they could not know the
names ut the witnesses, and to remove this
obstacle TO public justice. the clause OF Sc
crcCy was struck cut. If the opinion uf
the court be not decisively made up,
should wish to have an opportunity of re-
fccting on the SUBJECT, and showing that
this evidence ought not to DC admitted
Mr. Uicfham observed that the Legisla-
ture had no doubt we'll weighed the policy
OF the clause requiring secrecy and had
determined against it. that there was no
reason why they could and should not adj
here 10 this Legislative al,eration-and
that as to 4 witness, any thing he had said
any where might be given i'll evidence d.
gainst him, to shew his inconsistency.
MIR Martin. A grand THURMAN can like
any other man, prove facts known to him
self, independently of what the witnesses
=
Mr. Hay said that Mr. Martin did not
understand him, and explained farther
that MIR. Hening had informed him that
the Legislature were induced 10 make the
alteration in the oath, for the reasons alrea-
dy stated.
Mr. Martin observed that the only rea-
son that justified the grand jurys oath Of
secrecy, was to prevent offenders against
the laws from getting information of nqui-
ries made against them, and escaping
That this held no longer after the grand
jury had been discharged-that while the
grand-jury were deliberating, it was pro-
per to keep these proceedings secret and
that these against whom presentments
were TO be made, should not have notice to
make their escape; but that to prevent
grand-juTors fr9m giving evidence after
they are dispersed, was TO lay the founda-
tlcn for the most atrocious and most infa-
nous perJuries-that any man might 60
before the grand-jury, and charge another
who was innocent with the most intrigucous
and enormous crimes in the world, and
have him arrested and confined, and vet
remain perfectly safe and secure from anv
punishment for his pei jury.
Chief Justice. 1'he question as to the
policy or motive Of the Legislature in chan
gng the oath is different from the question
before the court, which is, what is the le-
gal effect of the change The original DO
Icy required the oath but as the Legisla-
ture have changed it, ] cannot see how the
inference can be avoided, that their opini-
on of the policy is altered.
Mr. Wfrt. Fit should be discovered that
in the original institution, secrecy was ne
cessary, independently of the oath, the
court would not then receive the tcstimo-
ny, without the consent of both parties.
After some few dcsutory remarks rela-
tive to reserving their objection To Mr..
Tazewcll's testimony, Mr. Burr said chat
gentlemen might submit TO his testimony
with protestaudo-the Chief Justice again
stated, that the original policy Of the insti-
tuition which presented the oath of secre-
'cy being changed, the testimony he sup
posed must be heard, and
Mr.. TazesveH 7yas Men s7uorn.
MI Burr. Can YOU state the questions
you put to gen Wilkinson in the grand-iu.
ny, aud his answcrl
Mr. TazcveH 1t would be perfectly i'm
possible to state them all, from the length
OF time he was under examination but RI
have notes Of the facts stated by him from
which and memory may be able to ans
wer any questions wiiciI gentlemen may
be pleased to ask.
Mr. Burr. State what you recnllect a.
bout the formation Of the cyphcr.
Mr. Ioze7vsH. There are three kinds of
cyphers. The original CIPHER was pro- |