Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1827-02-20

ca'uuiny, was not made until day had eiapsc! a,,c
the publication In The PhcniX Gazette, and wa, ,n
communicated TO hir. Calhoun fer he had ,,c,.,,
and scaled his letter 10 the House Of REPRESENTATIVE,
aud placed i! i'll The LanGs o! freud. Ard | nr.f
aso state as fact worthy OF notice, that, neither in
iheniN Gazette which assumed semi official at,,
tudc IN stating the proceedings of the Secretary
w ar IN relation tn The letter of Mix, nor in the nu.
nee taken OF the publication in that Gazette by tho
NaUoaai inteigencer the day, was the fact STA
~ "'a' inc secretary regarded the charge against Mr..
Nahoun as an aTOcIuus CaumHy.
nut 10 resume the anal, sis of lhc testimony ,y;.h
VIC" 10 II immediate bearing upon my openinr rr..
position. After submitting lie ohyion: r.n,,k H.,
All 'hc evidence produced cxculpate Mr. Bar bour
was not only irtelatiye, but lining. eria 10 The rcrdr
issue viii proceed 10 the examination of ,int MARI
81 'ne testimony which Is intended presume 10
pear, directly or indirectly, upon tie official cha,ar tcr
shd integrity OF Mr. Calhoun. The great mass of the
evidence that has long engaged the attention of b
committee consists of the private letters of Major Van
devener To Elijah Mix, with the explanations 10 which
'e9 nave gwen rise Ii IS hardly necessary tha,
should enter in course Of gumen;. before n com
iiee' oil "sch siX cut OF soy wyeIs BY rro.
eSS2n 10 show that these letters ought to have been
proniIy rejected, incompetent and i,proper ,,si;
u'1ny. Even II he granted that R!r. Calhoun is now
on ms trial for every act of his lfe official or private
ana Dot merely upon tue specific charge referred IN
Inc committee, It perfectly clear, that accorLin- fan
nose great principles OF evidence which have been r>
Vised by the wisdom, and couscCrated bv the exncr
ence OF ages, the letters declara lions of another
person cannot he given IN evidence against him. Nor
Is ms one OF those technical principles, which so,,a
times mar the symmetry of the law and have no four
daon III reason. There PRINCIPLES of our Ian,
more deeply founded inwisdcn. than those which rec
"'a'e INC admission OF evidences. Aud sill take tins
occasion To rcma h that, 20 such an Organization,
OF Inc Government as will secure the effective respc,
siP'y oil political agents, civil liberty derives its prn
cPai security from the establishment and sacred OBJ
scTvance OF fixed rules of judicial procoedinp and or
judicial evidence The opinion enter tanned bv The ON
iiehtened sense OF modern ines of the lpsena,ah ;,
conneXion between the rules ofcrininal evidence and
civ' liberty may be clearly Inferred from the oppo
The character of Sidney and of JcTries. For whe
the name OF Sidney is inscribed the imperisbah,a
rolls OF lame, as patriot and rnartyr tat of JeGycs
has oy universal consent, been gncd to everlas
! ting nfamy, as Judicial monster. And vet the co
tasroPhe OF the victim has excited the sympathy the
tyranny OF the Judge, the adherence of Mankind Srn
cpal!y because the sacrifice was effected nv v;o,a,
those rules OF evidence, in hch every member in II
COMMUNITY hac common interest as the only means
OF securing his life and character against the conb;,eJ
Vaccinations of prostitute nfornes and progatc ru
!ers. TO unsette and subvcr those rules therefore
under whatever plausible pctcxt it may be atte1npted
IS 10 destroy the only substantial security for ever1
tlng sacred IN life, and consequently to inict vial
stab upon the public liberty Nor is there any thing in
the character or circumstances OF the present nyesti
CATION, that should absoye the committee from tho NJ,
seIvance ct these rules On the contrary, allhistorv
Will Justify he remark, that there are no occasions in
'7c' their rigid observance is highly important
as when legislative bodies or political Commissions
crcise judicial powers for the trial fpolicI offences
On such occasions, the strongest of human passione
almost nnavo'dabiy usurP the seat ofudgmcnt; and
I!IieSs RESTRAINED bN established of
ing, and p'eesab!i.hcd rules of evidence the mos,
capTacious freaks Of despotsm end vengeance are nor
pttrated, IN the sacred of law and Justice -
Without referring, for illustrations to the asgess nro
cce;!in3s OF those inqusitoral tribunals which are ~
once the reproach and tie terror of despoc Cavern
mems Or TO the shocking ourage committed BIZ the
revolutionary tribunals of France; il would be sufcicn
70 advert To the dsgracein proceedings of the PaIo
nen OF England in OF atainler not onIv o s,,e
II tam the general principles here presented but 10 com
muncac the most vivid impressions of their trrfy
r,.,rbf
committee lie necessity OF adbcring to the establish al
rues OF evdence-and if have shown ha; one of the
most important Of those excludes tie letter or dr.
c'afaons ct third pc under any circumstance
--bow inconparabIy stronger does the objection On
their admission become, when We advert To The scor
lar and extraordinary circumstance under which the
letters OF Major Handkerchief have been produced to
tic committee In the first place, they are obyieus
y The detached parts OF gaiblei correspondence 4,
NC second place. they muatcd and defaced so as
10 :ehieT iaF meaning u1ncliigible every pur-
pose connected with The investigation. But what il
OF Intimately more Importance, this corcgnondeDce
was obviously gatboa, and the letters mutiiated ard
deiaced, By on 81 The most arfH ard congumate vii
Ilns tha ever iu!, ~ the annals cr hur an depr-;
~ for the unfues'i2nabe purpose Of exciting doubts
aii suspicious, by means ~ mutatious an! eras1res
which could not have been produced by the letters in
their orGina! and entire State Ii is impossible terc
fore 70 conceive n coordination of circumstances moro
sriknS'y demonstFaye Of tie wisdom of those ruIcs
O: evidence fom winch i!le committee have t,ouoht
proper to depart tiian tat which ISIS in the present
Ins'ance-FoT il is Obvious 10 remark that this is
political commission, composed of political ren and
d'eGnse it as We MAJ, must be permitted-to add,
Without intending 10 in5innate any thing in t!,c
slightest degree disrcsrcct(ni {" majority of tie
COMMITTEE, tina; they are sitting in judgment on :,
political opponent, charged with political offence
and when 1t IS moreover considered that tl,esa
garfield aud mnlilatcd letters have been produced
by the vliest ct all That tribe of informcrs who
have been the disgrace and thc terror Of those
countries in which they have been connicnanced
by the wiclednes and ProAigacy Of rulers, SELF
condemned and seii~imrnolated wretch who IN
the very presence OF the Committee las literally
covered hlnsof with cali tie multiplying villianics
oi nature cannot but believe that the Commit
tee will themselves shrink back with abhorrencs
from those Vaccinations and devices which they
bave unwtIngly received in the place of evidence
and upon which the characters Of incompetency
and i"!any arc so clearly and in5elbly impressed
ueIe Is one Oi-er aneces Of in.LilnnY snua