Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-03-28


and Of preventing its recurrence hereafter.
From the baltimore Patriot.
Neac York Legislature Proceed1h gS.-Ho'-
gan R.6air.
In the Senate on FRIDAY, Mr.. Spencer, from
the COMMITTEE on the Judiciary, to whom was
refe rred the message Of the Lieutenant Cover
nor recommending the adoption OF legislative
measures 10 ensure the detection punishment
of the persons concerned in the torclble remoV-
al ne William Morgan: Reported,
Tia, from the facts and circumstances stated
in the message referred TO the committee, aid
from general information, il appears that the
transactions connected with the abdue ton OF
William Morgan, took place in several differ
en-, COUNTIES The ,es,imonv in relation 20 II,
n,ust therefore necessarily De scattered over
those different counties and over an extensive
region Of country. Under such circumstances,
il is OBJ, ious that the district attorney OF any
ore county, from the limited scope Of his au-
thori,v, would be incapable OF connecting The
various rsnifica ions the offence, and OF col
lec,ing together the scattered and disJoin'ed
testimony, so as 10 brig ii 10 bear in any one
case. The necessity OF the employment oil some
competent person, whose authority would tx
tend over all the counties which formed The
scene of the alledgrd offence, whose who'll time
and attention would be devoted 10 the in,esti-
CATION, and who would concentrate the neces-
.ary information, seems manifest. The very
circumstance, that hitherto no judicial de,e-
lopemt nj Of the facts has taken place, affords
strong reason TO believe that il has arisen from
the want Of united and oonnec ted Efforts The
committee concur with the Lieutenant Cover
ror in The opinion expressed bv him, that ii is
lg,1 a.. 81, ,tot .y In
the apprehensions OF our fellow citizens" iha,
oil proper measures within ,he constitutional
power Of the legislature should be adopted, to
secure an investigation Of the high handed Of
fence committed on the person ofWiliiam
Morgan, fair anil imr atrial trial of the per
sons implicated, the detection and punishment
of the guilty, and she acquitta and sxoneia-
ton of the innocenl-and they know 81 no
means so effeciual as those recommended by
him The employment Of the attorney general
for this purpose, would BE- wholly Incompatible
with the duties Of that officer al the sea, Of 20
vernment, and with that aite,.tion which is re-
quisiie 10 The civil business of the state The
committee have accordingly prepared bill
providing for the temporary employment OF
eompe cent counsel, according 10 ,he recon-
mendation of the Lieutenant Governor, which
is herewith reported.
An Act to provide for the employment of Counsel for
the purpose therein mentioned.
The People Of the State OF New York, repre-
sented in Senate and Assembly, do enac, as fol-
lows
Sec. The person administering the governs
ment Of this state, is hereby authorised TO en-
ploy and appoin, competent person # the
degree ofeounsel in the supreme court, whose
special duty it shall he,
!. To institute enquiries concerning the alb
duc,on Of William Morgan, and his fate sub
sequently, and all The incidents connected
the rewilh;
ny can establish tie commission Of any crime
against the laws Of this state, in any Of he said
transactions,
8. To cause such witnesses to be examined
before the proper magistrates, ard To be bound
over TO appear before the proper courts IN or
der 10 testify,
70 cause the necessary process TO be is
sued for the. apprehension Of the persons inn
riicaied;
S. To assist in preparing any ipdietmslI! III %
may be found agains, such persons, aud pre-
pare for the trial thereof;
6. To attend the trials Of the persons indict-
ed, al any cour, OF oyer and terminer or genes
raj sessions Of The peace, and 10 superin,end
anC conduct such trials with the like aui o,iy
and In the same manner, as the attorney gene
raj Of this state; and
z. To perform all other acts and duties which
shall be necessary TO full and fair udic' al in
vestigation and determination Of the ofences
alleged to have been committed BY the persons
so indicted
Sec. 2. The person so appointed is hereby
vested with all lhr powers and authority OF dis
trict attorneys in the several counties in which
any such accusation shall be m AIDE; and shall be
authorised to attend any e. and jury for the pur-
pose Of examining Witnesses before them, but
not 10 be present at their delibel aIons; he sh u
have authority to issue subenas signed by him
self TO compel the attendance Of any witness al