Washington sentinel., 1854-07-11

Quitman. There was some discussion as to
whether the jury had or had not discharged
General Quitman, but the court decided that he
was included.
At six o'clock, p. M, the Judge took his seat,
and General Qnitman, rising, stated that he
had received information that his attendance
had been ordered at time, and he desired to
know what osition he occupied He had some
ten days ago received a telegraphic dispatch
from friend. stating that summons had been
sent to the United States marshal for Missis-
sippi to compel his attendance in this city to
testify before grand jury. Anticipating the
service of that process, he had Immediately
come to New Orleans, had appeared before the
grand jury and had been dismissed by it, after
an address which he made to it, without further
question. He now wished to know if he was
accused of any offence, and if So of what ma
ture, and who was his accuser? He desired to
behave with all respect to the court, but also to
maintain his rights as an American citizen.
Some conversation here took place between
General Quitman and E. w. Noise, esq. United
States district attorney, as to the latters course
with regard to the appearance of the former
before the court at this time.
The court stated that the question of Gen.
Su'euiou Woo o'Sty way PcrtiHcHt. IHo SraHu
jury had made report of its proceedings in
the matter committed to it by the court, in
which it was stated that Gen. Qutman, on a
certain document being presented to him, and
the question asked of him, if he knew of or had
attended, the meetings spoken of therein, had
claimed exemption from answering, on the
ground that if there had been any violation Of
law, he was as much concerned as any other
person. The court referred to report of the
event in the Delta, which the foreman had said
was substantially correct, that the jury had re-
ported that scheme existed for the organiza-
ton of a revolution in Cuba. fla person who
had been summoned to testify, declined an
swering, the court would make no claim on him
to furnish information but if assured that such
measures were on foot as would probably cause
a violation Of the law, would take measures to
prevent any violation of law by placing the
party under bonds to observe the same.
Gen. Quitman.-That my silence may not be
misconstrued into an admission of the fact that
have subjected myself to prosecution for any
violation of law, will make farther statement
to the court l am at loss to know how what
had transpired in the grand jury room had be-
come public. The report of the grand jury was,
however, so far as he was concerned, inaccu-
rate. He had not replied to any question that
an answer would criminate him. In what he
had said to the jury he had intended to convey the
idea that his testimony would be immaterial, or
if material that it would tend to criminate him.
Ii an American citizen in pursuit of his consti.
tutional rights to decline answering, is to have
penalties inflicted on him, is not his rights de-
MED him? If the court demand bonds for his
good behavior, he will not give it unless sub
jected to such duress as his duties to others
may make it necessary for him to comply. He
would defend his rights. He does not resort to
this proceeding except to protect his rights as
a citizen, and regrets that experience shows
that the prevalent disposition is for the consti-
tuted authorities to claim an extension of their
powers, and to steal from the liberties of the
individual. Believes the emancipation of Cuba
to be an object of the highest Importance to
that portion of the country which was his home,
and was ready to do anything which becomes
good to accomplish so desirable an end. When
doubts are construed against the citizen and in
favor of the government he would despair Of
the long continuance of our free institutions.
Persons should not be held for mere imaginary
offences. Here no affidavit had been made, no
crime or offence specified. The report of the
grand Jury was vague. As to the effect of these
proceedings on himself he cared nothing; his
OulJ iCdi Wdo tllC OauSCIOuo pIcCcucut tuS1
would afford.
The court here stated that any time which
might be desirable to General Quitman to ex-
anime into the case and the authorities bearing
on it, was at his disposal. But the general
stated in reply, that he was disposed to have
the matter brought to an issue now, and that
he was willing to be considered as having ac-
tually declined to answer the questions in the
grand jury room.
General Waul proceeded on the part Of
Messrs. Thrasher and Saunders to address the
court in opposition to its ruling He had had
but limited time to examine into the authori-
ties bearing on the question, but he would say
that he thought that the present was the first
case in which the power claimed by the court
had ever been exercised in this country. It's
course was without precedent. No violation
Of any law had been reported from the jury by
the persons now before the court. So far as he
had examined, the law, both in England and
the United States, was, that the refusal of a
witness to answer question was not to be
taken as an admission of the fact involved, but
otherwise. If different rule prevailed, the
protection to the witness would be Of no effect.
Here the grand jury had inferred guilt from the
refusal Of the witnesses to answer. Here the
on Evidence, and case in England Rose rs.
Blackmore, Ryan & Moody's Reports) wherein
q witness had refused to answer question as to
whether he had published a certain hand bill,
on the ground that he had been threatened with
prosecution for libel on account Of it; and
wherein the court had declared that no infer
ence could be drawn that the demurrer to the
question was an admission by the witness. In
this instance the witnesses had not said that
the answers to the question ,could criminate
them, but only that they might do so. The
counsel dwelt on these points at some length.
Mr. Noise, the district attorney, maintained,
in few remarks, that the authorities which
had been cited, did not bear on the present
case. If he had thought that there could have
existed any misapprehension as to the true
position Of Gen. Quitman in the matter, he
should have been careful to have had it proper.
ly placed before the grand jury and the court.
The court now proceeded to give its deci.
sion. From the beginning of this investiga-
ton, the manner in which it was to be con-
Quoted, had been a subject of anxious consid.
Grafton. The history of all cases where there
had been a great number of individuals COM
bined for an object such as we alleged, had
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