Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-02-17


yillanies Of nature" Icanuot but believe that
the Committee will themselves shrink back
with adherence from those Vaccinations and
devices which they have unwittingly received
in the place OF evidence, and upon "n'en 'ne
characters Of incompetency and MANY are 30
clearly and indelibly impressed. mere IS one
other. species of,estimony sought oy INC !ues'
tons, and placed upon the records oil tue So'h'
mit,ee, equally excluded by the principles up
on which | have insisted. Hearsay evidence
is inadmissiblc, no, only by the code to when
we have been accustomed, but by every system
of civilized Jurisprudence with which we'haSe
any acquaintance; and yet the Commune ap-
parently assuming, by a strange eompnoaS'oh
Of issues, that every officer OF the var Ne.'art-
ment who had any agency in forming. Ger
tain contract with Elijah Mix, or any interest
in it. is now actually under trial, have received
and recorded, as testimony, the declarations Oh
those officers, indistinctly recoilected, ana
vaguely and doubtingly stated.
Admitting that il is proper tor the Commit
tee TO assume inquisitoriai powers IN TINS IN
vestiga,ion, and in thai character TO ask OF the
witnesses, not only what they know but what
they have he ard from others, II must be exceed
ingiy apparent, that the only cxcusabie purpose
even Of an inquisi,orial kind, for which such
questions could be propounded, is the dlscove-
nv of other Witnesses by whose evidence the
charge might be established. Let us see how
far the proceedings Of the Committee have
been aonformable 10 this view OF their functions.
In the evidence recorded by the Committee,
Col. Armistead states, in substance, that either
Major Handkerchief or General Swift informed
L To-,
contract. Upon further recollection, the wit
ness states, that he must have received inns In
formation from General Swift himself, tor that
he remembers to have had conversation win
him, IN which the General stated that he ha6 an
idea of leaving the army and becoming inter-
ested in some contract with the government,
which the witness supposed 10 have been the
contract in question. lie further states, I'D the
same conversation, that Gen. Swift Informed
him that he had asked the permission OF Mr..
Calhoun TO become thus Interested. This EVIL
dence, il evidence i, may br Called is to be re-
earded in the two.fold aspect OF duplicating
Gen. Swift in criminal participation in con-
| tract made by himself, as the agent OF the So
yernment, and Mr. Calhoun in scarcely less
criminal connivan~e at such a participation
So far as it relates TO Gen. Swift, common JUS
tice REQUIRES me TO remark, that II is contrary
10 those great principles of criminal Jurispru-
dence which our forefathers have consecra'ed
by constitutional declaration, 10 sit In Judg-
men, upon citizen against whom no charge
has been presented; who has no notice that his
character is even thus informally implicated,
and who, instead Of being present TO confront
his accuser, is.~holly un:epresented before the
Committee.
But SO far as this testimony tends to impli-
cate AIR. Calhoun, tue course adopted by the
committee is liable to much stronger obJec.
ton than that merely of receiving, and record
ing for publication, incompetent and improper
testimony. They have evidently closed the in
v.stigalion precisely where it ought 10 have
| commenced, leaving upon toe reputation oil
Mr.. Calhoun, all the suspicion which illegal
evidence could produce, and emitting to sum-
mon before them the only witness who could
give legal testimony on the matter in question.
Col. Armis,ead states, obviously from the re-
coec lions Of most treacherous and feeble me
mory, tha. Ger. Swift informed him, eight or
nine years ago, that he had asked Mr. Calhoun's
permission 10 become concerned in some con-
trac, with the Government. This is the only
material fact bearing upon the character of MIR.
Wv
committee that Gen. Swift was the only witness
who could give legal testimony in relation to
il. Yet they have declined TO summon him on
their own motion, no doubt from view Of the
subject satisfactory to themselves. The ground
upon which must presume they have acted,
is the incompetenty Of the evidence before
them, and its utter insufiiciency 10 tix upon MIR.
Calhoun any imputation which requires TO be
refuted. Blu, must be permitted to say, that
the incompelency and insuficiency OF the evil
dence, though very Sufficient reason for reject
ing i, altogether, is no reason at all for refusing,
when it issimproperly received and recorded,
to produce the only legal testimony by which
judicial certainty could be obtained on the sub
ject. Although, therefore, the committee must
have acted w,lh view to impartial justice, the
course they have pursued has been precisely
that which is best calculated to give The most
injurious efficacy to illegal testimony against
Mr.. Calhoun and TO avoid the conclusive refu'
,ation which the production of legal evidence
would undoubtedly establish To do away the
effect Of this proceeding, the only alternative
left TO MIR. Calhoun is, to place the most en-
phatic and unequivocal negative, which am
expressly authorized to do, upon the imputa-
ton of his ever having any knowledge or be-
lief of Gen. Swilt's participation in the con-
| IL