Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-03-27


The sym,athy. and the tyranny Of the Judge, the
abhorrence of mankind principally because ,he
sacrifice was effected by violating those ru'es
Of evidence, in which every member IN inc
community had a. common interest, as tac
onIy means Of securing his Lie and eha:ae-
ter against the combined machlna'iohS
prostitute intormers and profigafe rulers. 10
unset,le and subvert these rules, therefore, uh-
der whatever plausible pre,ext 1t may oe at
temp,ed, is 10 destroy the only substantial Sc
CURLY for every thing sacred in life, and conse-
ouently. TO inflict vital stab upon the public
liberty"
Letme ask Messrs. Calhoun and McDufie,
i. do they remember any thing Of the evidence
u3on which Gen. Jackson caused Arbuthnot 10
be condemned to death by Court Martial, and
executed Ifthey do not, the following account
is at their service. 1t is copied from speech
delivered by Mr.. Cobb, Of Georgia, in the House
of Representatives, Jan. 81, 1919
"The next point occupied by Mr.. Cobb was
as 10 the evidence under which both, or one OF
these men were convicted. He should no; say
much upon it, for he did not intend TO anallze
it. He had understood, and no doubt correctly,
that the rules of evidence, in courts martial dbl
fered very little in principle, from those estah-
lished in the courts OF common law. 1t was so
declared, he believed, by the only American au-
thority (Macomb on Martial Law,) that he
knew any thing Of on that subject. He presumed
il would not be denied. But, sir, said ne, II we
test the evidence produced in those trials by
these rules, we shall bus at the shameful per-
version Of Justice therein displayed. he evil
dence Of papers not produced or accounted ioF:
the belief of persons whose testimony OF lac's
ought to have been doubted: heresay, and that
o. indians, negroes, or others who, had they
been present, could not have been sworh, were
all ndiscriminalely admitted and acted upon
Miserable ideed, will be the precedents, estao-
| IIshed by this court martial Tor others which
NAV hereafter be formed! More need not be
said on this subject
Here the sacrifice ,Cas effected by violating
those rules of evidence in which every member
in the community has common right, as the
| only means of securing his life and character
as ainst the combined efforts Of prostitute in
| formers" The violation was the most gross
and palpable The contents of "papers not pro-
duced," the "hearSny" Of "lndians and negroes,
'swere indiscriminately received and acted up
on" in a case Of life and dealh;-upon this ilie-
gal and irrelevant testimony, the accused was
| condemned and executed. Yet "the cataStro-
| yhe Of the victim" eXcites no sympathy In the
bosoms Of Mr. Calhoun ard Mr.. McDufiie; nor
do they feel the least "abhorrence" al the ,yran-
ny Of the Judges or that of their creator and
master. He, who caused the rules Of evidence
TO be unsettled and subye"ted in the case Of Ar
buthnot, these gentlemen would place at the
head Of the Government. BY that act they
hold that no vital stab was inflicted upon the
public liberty. 1t is only in the case where Mr..
Calhoun is accused by his own parasites, and a
committe appointed at his own request 10 in
ves,iga,e the charges, that danger is 10 be APP
.I---.,.i.iAH. -ui~s of CriTUiuat l.
dence be departed from. There is something
in this too absurd TO pass upon the public. 1t is
vain for MIR. Calhoun TO court persecution, I'M
less he can make more plausible case.