Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-02-20


and sealed his letter to the House of Representa-
tives, and placed il in the b ,nds Of friend And
II must also state, as fact worthy of notice, that
neither in the PLocnix Gazette which assumed
semi official attitude in stating the proceedings Of
the Secretary OF War in rela ion to the letter of
Mix, in the notice taken of the publication in
tina, Gazette by the National lntelligencer the
next day. was the fact stated that the Secretary
regarded the charge against Mr.. Calhoun an
atrocious caumny.
But to resume the analysis of the testimony
with view 10 its immediate bearing upon NY
opening proposition. After submitting The Oh
vous remark, that all the evidence produced to
excupate Mr.. Barbour, was not only irreative
but imma,erial to the pending issue, 1 will pro-
. coed 10 the examination of that part of the ,esii
, mony which is intended, as ] presume, 10 bear
directly or indirectly, upon the official character
| and integrity ct Mr.. Calhoun. The great mass of
the evidence that has so long engaged the auen-
ton oil The committee, ssts of The private Iei>
ters OF Major Vandeventer TO Elijah Mix, with
The explanations to which they have given rise
II Is hardly necessary that should enter in
course OF argument, before a committee, of which
SIX Out OF seven are lawyers by profession, to show
That these letters ought TO have been promptly re-
lected, as incompetent and improper testimony
/ Even IT II be granted that MIR. Calhoun is now ON
ms trial Tor every act of his life, official or private
and not merely upon the specific charge REFER ed
Il 70 the committee, IT is perfectly clear that az.
/ cordlng 10 those great PRINCIPLES of evidence
which have been devised by he wisdom, and con,
sectated by the experience OF age, the letters or
declarations Of another person cannot be pven in
evidence against him. Nor is this one of ,ho.e
i technical principles, which sometimes mar the
symmetry OF the law, and have no foundation in
reason. There are no principles Of orr law more
deeply founded IN wisdom, than hose which re
-uitte the admission of evidences. And will take
'h'' OCCASION TO remark, that TO such an or.
gauiZation of the Government as will SECURE tho
ehecive responsibility OF political agents civil
liberty derives its principal security from the es-
Enlistment and sacred observance offixed rules of
Judicial proceeding and Judicial evidence. The
opinion entertained by the enlightened sense of
modern times, oil the inseparabe connection be.
tween the rulers, of criminal evidence and civil
i liberty, may be clearly inferred from the opposite
f judgments which iosierity has pronounced upon
4 he characters of Sydney and Jeffres For, while
the name OF Sydney is inscribed on the mpersha
ble rolls of fame, patriot and martyr that of
Jeffries has, by universal consent, been consigned
;, 10 everlasting iniamy, judicial monster. And
yet, the catastrophe of the victim has excited the
: sympathy, and The tyranny Of the Judge, the alb
florence OF mankind; principally because the sacr-
nee was effected by violating those rules of evil
< dence, IN which every member of the community
. had common interest, as the only means Of Sc
curing his lie and character against the combined
vaccination OF prostitute inf.rmers and profliga
rulers. To unset'le and subvert these rules, there
fore, under whatever plausible preiext it NAV be
q
rity for every thing sacred in ,ife and consequently
TO inhct vital stab upon the public liberty. Nor
IL there any thing in the character circumstances
" OF he presen, investigation. that shonld sbsoiye
the committee from the observance of hose rules
u On ;he contrary, all history will Justify the re.
remark, that there are occasions in which their
" rigid observance is so highly important, as when
legislative bodies political commissions exercise
Judicial powers for the trial of political offences
On such occasions, the strongest of human
= passions almost unavoidabiy usurn the seat of
Judgments and, unless restrained by pre- es,ab she'd
Il toms OF proceeding, and pre-established rules
- of evidence, the most capricious freaks OF des
. pousm anu vengeance are perpeirated, in the
sacred names oil law and justice. Without re
erng for illustration, 10 the la wless OF
C those inqusitorial tribunals hch are az once the
reproaeh and the terror of despo,ic Governments or
to The shocking ou'rages committed by the evolu-
iionary tribunals OF France, IL would be sufficient
to advert TO The dsgraceful proceedings of the
l. Parliament of England, in of a,ainder, not
. only TO sustain the general principles here present
ed, but to communicate the most vivid impression
of their truth and importance. If these general
5 views evince TO the Committee the necessity of
} adbefing TO the established rules of evidence =
: and ii nave shown that of the most impor-
ant OF those rules excludes the letters or decara-
y tons Of third person under any circumstance
: how incomparably stronger does the objection TO
{ their admission become, when advert 10 the
; singular and extraordinary circumstances under
which the letters OF Major Yandev eater have be en-
. produced TO the Committee In the first place
they are obviously the detached parts Of sarbled
y correspondence. In the second place thew are
mutila,ed and defaced, to render their mean
ing unintelligble as 10 every purpose connected
q ih the investigation. But what is of infinitely
y more importance, this correspondence was obvious
~ garfield and the letters mutiated and deacel by
one fthe most artful and consummate villains that
: ever figured in the annals human depravity for
! the UNREASONABLE purpose of exring doubts and
e suspicions, by means of the mutilaions and era
5 sures, which could not have been produced by the
letters IN their original and entire state Ii is i'm
c possible therefore, conceive q combination OF
u circumstances more srikiDgly demonstrative oil
i the wisdom Of those rules of evidence from v hicb
" the COMM tee have thought proper to depart than
: that which exists In the present instance. For il
is obvious 10 remark that this j. political commits
: sion, composed OF political men and disguise i,
c as we may, must be permitted TO add without
intending to insinuae any thing in the slightest de-
3 gree disrespectful to majority of the Committee
that they are sitting in judgment political op.
u pnnen, charged with political offence. And
when 1t is moreover considered, that these eaTbIed
u aud mutilaed letters have been produced by the
viiest OF ell that tribe of informers who have been
he disgrace the terror of those countries in which
y they have been countenanced by the wick edness
and progacy OF rulers, self condemned and self
inundated wretch, who, in the very presence OF
i the Committee, has litei ally covered himself with
u all the multiplying villanies Of naiure,' can
not but believe that the Committee will themselves
shrink back with abhcnence from those machina
tions and devices which they have unw,tingly
received In the place Of evidence, and upon which