The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1822-09-06

duplicate" proceeding in lie Court of
Sessions Tor the city and county Of New
York. Whether it comports with the dig
nifty of high character, lofty mind and no.
nofabie feeling, We leave for others to de-
termine.
On "wednesday Mr.. Hunt appeared in
Court with I. q. Haines and II. c. Van
Nyck, Esqrs. as his counsel, pleaded the
general issue, and moved for commissions
iilder me seal oil the Court to take testimo-
ny ~ England and France. The court de-
-cided thai they had no authority to issue
the commissions. An arrangement was
entered INTO by the counsel of the parties,
"hirhobslated the legal difficulty, and com
missions are to issue under the signatures
oil the respective counsel, for the examina-
ton under oath OF witnesses, in England and
France, upon interrogatories and cross-in-
terrogatofies, To be settled before the first
Judge or the Recorder Six months are
allowed Tor the return of the commission,
ana IN The mean time, the testimony Of bIr.
frederck Mullet, surviving partner of Null
let, Evans Il Co. is To be taken. with that Of
other persons, 10 he read on the trial in case
Of the death or absence from the state of
such Witnesses
Not satisfied, as it would appear, with
TWO acuohs on account of the queries
oil .4J1tt, we have beard, though we have not
seen one of the gentlemen composing the
Jury, that the honorable Mr. Russell also
applied TO the same Grand Jury for a bill
81 indictment against the Editors of the
Statesman, for publishing those queries and
the article signed " Old Roger Sherman"
or for separate bills for each of the publica-
tons. Heretofore, when the name of an
| author has been demanded of Editors, and
betn promptly given up, honorable men,
considering themselves aggrieved, have
looked to the author for redress, and not,
| after having thus possessed themselves of
his name, prosecuted the publishers. But
| the times have changed, aud two or three
actions against the writer, and as many a
galnst the publishers, are not two much TO
satisfy the desires of an honorable man of
the present day. An independent jury,
however, is Il safeguard against persecution
and an elcctual protector The freedom of
the press. No bill was foend against the
Editors, and they believe that the attempt
undersueh circumstances, is unprecedented,
while they nave the satisfaction of know
Ing, that il was viewed in the light in which
it should be by every individual in the COM
mtnity whose opinion they have heard ex-
pressed. An "original,"' duplicate" and
trlplcate action, all relating to the same
subject, but differing in some highly sig
nllicant'' particulars, we may nationally
suppose the Grand Jury 10 have thought
unnecessary and improper.
On Friday, Seth Hunt, Esq addressed
letter to the foreman of the Grand Jury,
requesting leave to appear before that bo-
dy; which was granted. On his appear
ancc he stated, that he requested admit
lance Tor the purpose of presenting to their
notice, letter addressed To Mr. jonathan
Russell, dated the 9th of July, written by
him, said Hunt, and by him procured to be
published in the Statesman, of the 3rd of
August. He pointed out the following pa
ragraph, which he explained, and desired
that MIR. Russell might be called before
them, and interrogated rs to the truth or
talsity OF the lmputatIonsi it conveycd-and
if Mr.. Russell should deny their truth, he re-
-quested that bin of Indictment might be
found against him for libel, which he adj
m,tted the paragraph contained, provided
the same Was false.
81 thlnk 1t proper also TO apprisc you,
that shall endcavor 10 prove, by the testi-
mony Of person now in France, and by
the oaths of the gentlemen now in \. York,
that Mr.. Jonathan Russell did also commu-
ncate to another person in London, infor-
nation as to the progress and prospects Of
the negotiation at Client, and that The first
Pr:Oaie Information Of The peace, received IN
london, toaS conceycd BY MIN to that per-
SON."
subpoena for Mr. Russell was accor-
dinghy directed to one of the constables
and on Saturday he appeared and was ex-
ahmed The jury found bill, as Mr.
Hunt bad requested. We understand how
ever that the indictmentw was not drawn, the
District Attorney thinking the paragraph,
even if false, did net contain any thing Il
beiioas, as it did not charge Mr. r. with cor
rnptiy conveying intelligence, SIC.