Winchester gazette. [volume] (Winchester, Va.) 18??-1826, 1822-08-10

l became involved in that sui, and also
offer my particular reasons fur filing objec.
tons To the said award. As to the proceed
'ngs that gave ris. to the cult, and how il
happened that became involved la that ssj,.
are things in which YOU had 10 concern
out ycnr special sgeocy IN the ewsrd enables
you, presume, 10 inform and explain tuly
as to that. Permit me, therefore, to ad
dress this, and perhaps few other short LET.
tcis to yo", through the medium of this pa.
per, on that subject. This would have been
done long since, bnt for two reasons:-,hey
VIII be gwen, it requested. An award, sir,
Is document of high disnity-and SO il
ought TO he-it is presumed 10 he a pure
th'ng;-that rs, Just and true, and 80 il ought
TO oe-and 1t wnuid seem that if auy thing
OF the kind couid be- resp-ctci, 40 ouch, the
one now before u, ght;-bsaring 90 its
lace the testimony, from under hand and
'eai, ct seven highly respectable aud highly
Intelligent gentlemen.
That the plaintiff, should rave flied ob;ec-
lions to an award as dg,ified as this, appeal.
to he thought BY some, pre.uming-t a, hec,
it VIII have The appearance of ohstinacy and
an unwii'lnSne.s TO submit 10 what i. right.
am well s~are of the feelings that these
! thing, create and the impressions they make:
but your experience and observation tell YOU
\
| cumstances, that strong preiudices NAV he
| raised against an Innocent man
regret that this act of the plaintiff. should
| have excited such warm and lasting resent.
\ ment, not only with the defendant, bot also
with some of the gentlemen arbitrators. An
honorable Judge, sir, feels no enmiiy, pre-
! sumo, against those who file objection. 10 his
| opinions, or take appeals from his decree,,-
and Why should an arbitrator? -Arbitrators
ase presumed to be entirely Indifferent
to the parties, TO the matters in issus
and SO they ought To be.
The plaintiffs. in filing obeciions to lhs
award, only exercise common privilege
and they were induced to do so from a firm
belief, then aud now, that they were aegriev.
ed. Ii the defendants answer, bis exhibits
ana the award are all what thsy ought TO
aaOe been; they have nothing tofear up5n INV
ground; the more they are examined tb.
| more excellent they will appear Truth and
JuSftce,-the only materials out of which an
! award ought TO oe made. will bear examina-
tlon TO the end of time, before a Court
before the pubIic,-snd, lastly, at the bar of
GOD.-Sureiy, if il is not such an award n,
| this. the honorable gentlemen would not wish
their names to bear testimony in its favor
ihht Courts have erred 10 eVident;-that ar.
bi'rator' may err Is poSSi6ie;-to err is hui
man-to correct is Gods command. An a.
ward, sir, TO be just award, must be .roe-
ana truth, you know, is uniforms and hold ir
IncontroVerible, that truth requires. in ali
caseS, snch are now before Us. that tbe
statements relied Upcsa sgree in all their
parts;-and tho the agreement of sIl thu
parts OF a general relation, or story. does
not prove that story TO be tTne-for the parts
may agree and still the story be false "a dis
agreement OF The parts proves fa!sshond ain.
soiuteiy The defendants answer, his exbi
bits and the award are all parts of the same
story; and, TO give them the smallest claim tn
credit, they must, at least, agree. -lndsed.
they now essentially depend upon each other
1.-The award may be considered bo-
oy,-the answer and exhibits the vital parts
the least violence done to one. produces
instant death to the whole Blu, here. some
would be willing to tell me, the Court has
confirmed the award. s. that that is conciu-
'Ive evidence that it is true and iust in all it's
PaTt'-snd would gladly plead this in bar OF
any further enquiry.-Tou, cir, who know
the practice OF Courts, as relates to awards
VIII not, know, make such a remark-nei.
thsr woulo you beg any such quarters for the
award.
Those who are more ignorant must learn
better, and those who are less liberal ought
to De ashamed.--From the general i'm preston
on The subject OF the award, il wonld seenI
that the plaintiffs should be the last to stir it.
bot would rather gladly throw oblivion over
it-that is not the case We ask no such
gun terS either. 1t am correct in nv no.
sItion, tina. the defendants answer his exhj.
bits and the award must agree in their parti-
cuar statements, to entitle them all to cre-
dit,-and that if they do not agree they cam
not possibly be all true-and If they are not
true they cannot possibly make a lust and
true award, does not the following fact de-
serve some attic ntion and require some expla.
nalIoD?-to wit-JameS Baker, the defend-
ant, swears solemnly and uDequivocsIIy, that
his answer, with the several exhibits therein
referred to, marked by him, ABCDE&F.
contains the truth to the best of bis know.
ledge; recollection and beief-The award
states thus-'EJames Baker filed his answer.
sworn to-with certain documents also sworn
to, viz: ABC DE8F-snd that the parties
were folly informed by the arbitrator, that
the dnSIcer, as exhibited, would be received
5y the arbitrators, and so reported TO tie
conrt,-unIess they could, by satisfactory e.
violence, point out any palpable errors on the
face OF them, or support any claims, not ems
oraced IN the account OF Administered on-E.
very opportunity hos been offered the Dlain-
tits TO avail themselves of any corrections
which they could subsantiate by sati,factory
proofs, but none have been offered To induce
| them to make any alterations - How does
| It happen that the exhibits above rpertioue5-
| filed by the defendant on his oath,-ani
which the award expressly states. the plain,
tI!fs we're fully informed by the arbitrator.
would be received by them and 20 rpnott
\ ed To the court. doe, not aores ..;I, -. 49,