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

tude in stating the proceedings OF the Secreta-
ny of War in relation to the letter OF Mix. nor
in the notice taken of the publication IN ina.
Gazette by the National Intel!igencer the next
day. was the fact stated, that the Secretary re-
parded the charge against MIR. Calhoun as ah
attrocious calumny.
But to resume the analysis of the testimony'
with view to its Immediate bearing upon my
opening proposition. After submitting the Oh,
yious remark, that all the evidence producea
to exculpate Mr. Barbour, was not only lrreia-
tive, but immaterial to the pending issue
| will proceed to the examination OF that part
of the testimony which is intended, as pre-
sumo, to bear directly or indirectly, upon the
official character and integrity OF MIR. Calhoun.
The great mass of the evidence that has SO
long engaged the attention Of the committee,
consists of the private letters Of Major Vande-
venter to Elijah Mix, with, the explanations 10
which they have given rise. 1t is hardly ne
cessary that should entertain course OF ar
gument, before committee, OF which SIX out
OF seven are LAWYERS by profession, to show that
these letters ought to have been promptly re-
jected, az incompetent and improper testi-
mony. Even if it be granted that Mr.. Cal
houn is now on his trial for every act OF MS
life, official or private, and not merely upon
the specific charge referred to the commit
tee, it is perfectly clear that, according to those
grea, principles Of evidence, which have been
devised by the wisdom, and conseera'ed by the
experience of ages, the letters or declarations
of another person cannot be given in evidence
agains, him. Nor is this one OF those techni-
cal principles, which sometimes mar the sym
merry oil the law, and have no foundation IN
reason There are no principles OF our law
more deeply founded in wisdom, than those
which regulate the admission Of EVIDENCES
And Twill take this occasion to remark, that
next TO such an organization Of the Govern
ment as will secure the effective responsibility
Of political agents, civil liberty derives its pr:n-
cipal security from the establishment and sa-
cred observance Of fixed rules Of judicial pro-
ceedng and Of judicial evidence. The opinion
entertained BY the enlightened sense OF modern
times, of the inseperable connection between
The rulers Of criminal evidence and civil liberty
may De clearly inferred from the opposite judg-
men,s which posterity has pronounced upon
the characters of Sydney and OF Jeffries. For,
while the name Of sydney is inscribed on the
imperishable rolls of fame, as patriot and
martyr, that Of Jeffries has, by universal consent
been consigned to everlasting infamy, as ~
dicial monster. And yet, the catastrophe OF
he victim has excited the sympathy, and the
tyranny of the Judge the adherence OF mankind
principally because the sacrifice was effected by
violating those rules of evidence, in which eve
~ member Of the community had common
interest, as the only means Of securing his life
and character against the combined machine
lion prostitute formers and profllgaie rulers
~ Il he tt.ca r,,la fhprPtnrts
under whatever plausible pretext it maybe at.
tempted, is to destroy the only substantial Sc
curly for every thing sacred in lie and, conse-
auently, to infliot vital stab upon the public
liberties. Nor is there any thing in the Char
ac,er or circumstances Of the present investl-
CATION that should absolve the committee from
the observance Of these rules On the contra
nv, all history vii! justify the remark, that there
are no occasions in which their~rigid ooserr-
anoe is SO highly important, as when iegisla-
tive bodies or political commissions exercise
judicial powers for thciriai OF political offence
On such occasions, The strongest OF human pas
sions almos, unayoidably usurp the seat oil
Judgment; and, unless restrained by the pre-
established forms of proceeding, and pre-estao'
Iished rules Of evidence, the most caprIcious
freaks Of despo,lsm and vengeance are perpe'
trated, in the sacred names OF law and justice.
Without referring, for illustration, TO The
iawless proceedings of those inquisiioria! IN
bunals which are at once the reproach and the
terror Of despo,ic governments, or to the shock
ing ou,rages committed BY the revolutionary
tribunals Of France it would be sufficient 10 ad.
vert 10 the disgraceful proceedings OF the Par
lament Of England, in cases OF altainder, not
only to sustain the general principles here pre-
sented, but To- communicate the most vivid i'm
preston OF their truth and importance. If these
general views evince to the Committee the me-
cessity of adhering TO the established rules OF
evidence-and t. have shown that one OF the
most important Of those rules excludes, the
letters or declarations of third person under
any circums,snces--how incomparaoly stronger
does the objection 10 their admission become,
when we advert to the singular and extraordi.
nary circumstances under which the letters Of
Major Vandeven,er have been produced to the
Committee In the FIRST place they are obvi-
ously the detached parts OF garbled cores
pordence. In the second place, they are mutt
lated and defaoed, SO as to render their mean
ing unin,eliigible as 10 every purpose connect
ed with the investigation. But what is OF inh-
nite!y more importance, this correspondence
was obviously garbled, and the letters mut'lat.
ed and defaced, by one Of the most artiul and