Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-06-22

means being desired to bring that appellate pow
ar into activity.
EXHIBIT, No. 1o.
On yesterday, when the proceeding of the
Court terminated, they had arrived at point,
the embarrassment of which then felt and
which, was most anxious, if possible, to remove.
Fortunately, the adjournment Of the court has
allowed some opportunity to me for reflection;
and beg leave, with entire Difference to their
decision, to Offer the comments now submitted
to them.
The court will remember, that on the prccc-
ding day question had been -propounded to a
the legality of which had not been
questioned, and is unqucstionable; and an an
swer, under the authority of the court itself was
required. The witness did answer, but in
terms conceived by me to be not responsive to
that, but to different question, and leaving the
matter of my inquiry as uncertain as when the
question was put. twas my misfortune at that
time not to be able to show with sufficient dis
tinctness to the court, the force of my objection
to that answer.
Onyesterday the examination commenced at
the very point at which it had stopped OH the
preceding day. My first question was purpose
ly framed, SO as to bring>un the notice of the
court, more distinctly than had before done,
the ground OF my objection; and so soon as had
done this, the court determined that the answer
did not satisfy the inquiry, and required more
definite reply from the witness. An answer
was given, and this new answerwas objected to,
as being, like the former, not responsive to the
question. A new interrogatory was proposed,
which endeavored to present more distinctly to
the mind of the witness, the gerry matter of in
qury, and to exclude all others. And this aucs-
ton was, by the authority of the Court, pro-
pounded to the witness, to be answered by
him.
1t was in this stage Of the proceedings, if nv
memory be correct, (orif not, at one still later.
that the Judge Advocate cxerted the right
(Which undoubtedly he had and which on all
proper occasions should he exertel) to apprze
this witness of the rule of law, which absolved
him from all obligation to answer an inquiry
an answer to which might subject him to dan
ger of future prosecution, by the disclosure of
an offence committed by him. The propricty
of this was Immediately conceded by me, and a
distinct admission made, that, If the witness
claimed the benefit of this rule, did not mean
to press this inquiry, but asked only that the re-
cord should show that the witness did decline TO
answer OH that ground.
And here take occasion TO declare, as a mat
ter of justice TO Captain Porter, as well as to
myself, that whatever else it may be nv painful
duty to say and to do in the progress OF this case
1t never did enter into my mind, that his direct
answer 10 this question would be other than
would be proper in itself, or could lead to-any
matter lmpartng improperly TO him. On the
contrary, it was my firm Impression and belief,
that the very answer which would have been
honorable to himself, would have been benefi-
cial to me. This explanation is due to Justice
and truth, as well as to the Court and the wit
ness; and offer it with pleasure, and volunta-
rily.
~ 81. II.
TO the law, which was admitted by ME, CAPTAIN
Porter declined to ask any absoluiion from the
obligation to answer, waived adefcnce from the
principle OF law, and gave an answer tony inoui-
ry. That answer, like the three former ones was
still thought not explicit, directly affirming q.
denying the matters of my inquiry Your record
will show how many modes | adopted to obtain
the information the question sought, and should
have continued to endeavor to vary my inqui
RES until could have communicated tsstLe wit
ness the gerry question meant to be answered,
had not the answer at last given by the witness
rendered any further inquiry hopeless. In that
stage OF the business it was my painful duty tc
ask the exercise of the Courts authority TO get
from the witness the information which all
modes within my power to employ, had failed to
obtain, and for that purpose presented to the
Court Wriuen motion.
At this moment of time the witness claimed
the protection of the Court from any interroga-
tories by me, through my counsel, rejecting on
him.
The Court being cleared, these two subjects,
my ,O,fften motion and Captain Porter's claim to
protection, occupied its private deliberations.
On the opening of the Court, the result of their
deliberations was made known, and its sentence.
now part of that record. That decision no.
ticed the claim of Captain Porter for protection,
rt Of,
the appellatiou of 1.-The paper handed in by the
counsel" declared that it could ''not be admit
ted on the record, iuasmuch as" the Court sscon-
sldercd ii to be Couched in Objectionable terms -
On this being announced, respectfully sub
United another ,critten motion To the Court dis
claiming all design to &c use one expression or TO
offer one sentiment objectionable respectfully
asked that ''thc terms" that paper deemed sob
jcctionable," might be indicated, for the double
purpose of apologizing for their unntcutionaI
use, and reforming the expressions, and thus pu-
rIiying my motion of the only vice, which had,
with the court, been an objection TO its admissi-
on, in common with nH lis ofte, proceedings
on the record. The court, dcliberaiinr in pyi-
yate on this new motion announced by their
sentence, that they "were willing to believe
that the objectionable parts of The paper were
made inadvertently" but declined taking fur
Their order OH Il.
This narrative was needful, to bring distinctly
to the view Of the court, the matter which is
now to be submitted. | 90 not mean to submit
d'e'c any proposition on which ThaJe before had
the opinion Of the Court, or any matter on
which / have been heretofore heard by the
Court. All ITS decisions on such matters will be
acquiesccd in, not only without nuunur, but.
believe me, with entire Difference, even when
against my wishes. l say thus much to prevent
all fnisapprehcnsion.
But claim the privilege land know no dis
position exists to restrict me in one legal priyi-