Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1809-03-14


was to disfranchise free man of his
birthright-to reduce him below the
I level of the vassal ola monarch--that
it would be to practise against one of
their own constituents, degree of out
rage, of tyranny & despotism, which
ought not to be endured in a land of IL
berty, & which would be disgraceful to
the Legislature. But argument was lost,
where prejudice had already decided;
the question on hearing the evidence
was put and determined in the mega
tive by a majority of three; seventy
three voting against the hearing and
seventy for it. On the next day the
proposition was renewed in differ.
emit form: it was proposed that the
House should appoint committee of
three to take the dispositions of my
witnesses and examine the authenti.
city OF the documents which had
rendered to the House. On this mo-
ion the debate became still more ar
dent and anxious and although in the
course oft Mr.. Shefey VINO beaded
the opposition to me, admitted that my
|evidence, on the secoad point, was
such as a court ofiustice should not re-
fuse to hear, yet this motion was also
lost by a majority of two, seventy two
votingin favor o. the motion * seventy
four against it. For the accuracy of
these statements as 10 the motions and
the results, | appeal to the journals of
the House, a copy Of which every
member carriers home with him, aud
on the 12i--22 and 25 pages of which
these proceedings WILDE found, toge-
Their with the names of those who vo.
ted upon these questions. In conse-
tquence of this exclusion Of my evil
dence, when the question came to be
put on adopting the report of the com
nittee, Mr.. James Robertson, a mem.
Der from Amelia, rose In his place &
said "that tine question which was a.
bout TO be put, called upon him to pro-
nounce upon the guilt or innocence o.
fellow citizen, of whose guilt or in
nocence he knew nothing that on tbs
one hand, the accusing evidence or
which the committee had founded
their report had never been seen b,
the House & on the other the defen
sive evidence had been uncounstituti-
onally excluded not only from the view
of the House but of the committee
which had made the report. How he
asked was it possible for him to pro-
nounce a man guilty upon evidence
I which he had pnyar Gear opJ - FL,
absence too, of other evidence, Of an
exculpatory nature, which although en-
titled to see, he had not been permit
ted to see. Under these circumstan-
ces, he said the course which alone ap-
Peared to him to be proper, was to
leave the house and give no vote a,
J alr-He accordingly turned around
/ Immediately and left the House, and
was followed by several other mem
bers. Another gentleman, Mr. Forbes,
OF Fluvanna, stated that "he had vo-
lied for the introduction of the evi
dence, he thought it ought to have
been heard; but since the House had
determined TO exclude it, he presum-
ed that he was bound by the report OF
the committee" Twenty one mem
bers voted against the REPORT on the
ground that every man is to be pre-
sumed innocent until the contIa airy ap-
pears and that guilt can never appear,
legally and constitutionally, except on
a full and fair examination of all the
Iproof. Such are the circumstances un.
der which the sanction of the House of
Delegates has been obtained to this re-
port the Senate never acted upon it.,
| Iappeal toyou now, fellow citizens, whe-
Their j ought to be considered as having the
weight of the House OF Delegates against me.
ISeventy-two members of the House of De.
Ilegates think that have not been fairly and
justly treated that j have been robbed of
constitutional right by the exclusion Of
that evidence which went 20 prove nay in
noceDce Seventy of whom none but
a very few ever heard one title of the evil
deuce on which the report is founded, tho't
it was right to v0te me guilty without
hearing. Are you prepared to join this ma
Ijority of two and cry down the character of
II man whom you have not heard Will you
call these tEvo the House OF Delegates You
willfnd, you will read my defence through
out, with patience and cand0r, low little,
II 4, 4