{ title: 'Spirit of the times. (Batavia, N.Y.) 1819-1830, May 28, 1830, Page 2, Image 2', download_links: [ { link: 'http://www.loc.gov/rss/ndnp/ndnp.xml', label: 'application/rss+xml', meta: 'News about NYS Historic Newspapers - RSS Feed', }, { link: '/lccn/sn83030747/1830-05-28/ed-1/seq-2/png/', label: 'image/png', meta: '', }, { link: '/lccn/sn83030747/1830-05-28/ed-1/seq-2.pdf', label: 'application/pdf', meta: '', }, { link: '/lccn/sn83030747/1830-05-28/ed-1/seq-2/ocr.xml', label: 'application/xml', meta: '', }, { link: '/lccn/sn83030747/1830-05-28/ed-1/seq-2/ocr.txt', label: 'text/plain', meta: '', }, ] }
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'i4S'' \CSit .. ‘H 'jjur.jw tf -■■ •' i •T« , i i ■J->- ^'-1 1^,. f From the Albany Ar^na.^ T^E ACTfifa eo vernour ^ jm o fn E . SEEClM EOUA'SEE ' ; As was 10 have heen exp 0 ,ctedJ'the^ le l 0 r of Mf. S pencer , c}l^ the 4th jms I m A! ‘ected to acting Oovernotir Throbp, niis het^ehio the subject of considerable reint^rk in the publick prints, and of ' extensive conversation aiaq|ong the biti- 8 en» o f this state. And, 2s must have beed e^nxUy expected, the calls, both Dithlick fnd private, for the corresj}on\ betweeif Mr. Spencer and; the G dvjBrnotiri and in r o l ^ o to thb al- lejg^dd abosp ofw b fe^by the letter, e most severe charges in Mr. S*s Com- k- ‘1 j tbe most SCI riion|cation aro^piade, have been co^ex.- tc nsive with apy agitation of the siib- i*ci, . . ’ . We have waited until this time, in file confident hope that Mr. S. would Citniply with those urg^ent and often re peated calls, and- would, disabuse the Cf.overnpur and the publick, if not him self, ;by a full publication of the facts up- 0 ajwhifch bis array, of accusations rest, tl^ithont the f^cls, and without the cor- r<;spondence ijn relation to which the a- base is alledgdd, *be charges preferred are blind and eduivocai. ''Positive aid, beyond the performance of formal duties from which there was no esciape,* s tys.Mr.,§., fti; itj^tance been ^rvadtrcd WhUt^aid, positive or -negative, jwmcb it Was the duty of the (rovernour-tu render, has been with held T W h at^ct, within the powers of fiis office, and within the limits of his discretion as * a faithful officer and an honest* map, has not ^een perforoied ? assistainco or countenance has .bben solicited and denied ? What “es cape'’ has been made or attempted from ■ t te performaBlce, of any duty % What evidence of a disposition to escape from a prompt and full discharge of “ formal” cr othef;. duties has been afforded?-^ '!?hcseare questions which the contro versial sagacity of iho Special Counsel must have*prepared him to expect would 1 e asked, and to which we hoped he vrould have given prompt answers __ Calls upon him todo tins, however, have as yet proved ineffeetual, and the pub- I ck are left entirely to conjecture as to , t le specifications to support this gen- c ral and ia^d^Snite charge. The only thing in the^letter which partakes at all of the character of spe- clfick complaint, to sustain this general 4 ^ a negationW-want of “ positive aid” from |ie executive,^ is an indirect murmer at tm “ omission” of the Gove/nour “to t otice in any w=ay, the suggestions” con- t lined the report made by the Spe- , «ial Counsel to him on the 26 th, and by him communicated to the senate on t le 27 January last. ,■ W hat nolice of this report from gov, officially, and acting as G'ove^nour, Mr. S. may have desired, it isWme- v'hat difficult lo conjecture. If the re port contained “suggestions’* as to'far- ‘ me:gov^' j comprehension, to have taken the most «fiective,' as well as the mosti> compli- c lentEury notice of k in bis power, by t ransmittiog the repert itself, formally a nd by way of message, to fhe legisla- tLire, and that too on tbo day following its receipt by him, Jn this manner he I ave th 0 , legislature all the suggestions \ f the Special C ^ n s e l iu his own words' i nd also all his laborious detail of facts,, ivhich should have been, and we sup pose v^ere, to show the reasonableness 2 :od the justice df his suggestions. Wbat more would Mr, S, have required of the Governaur in relation to this reporif ;rof be will pardon us for the belief, I which is eotertaioed from an acquain- ^lance with him of some years) that be 'rill hot contend that any official “ sug- hestrons” of his, could have improved, ^ven by a repetition from the calm and hlear mind of gov, Throop. The traus- tnissiunyof the document to the legisla ture, was the^only correct official ex- • iression of an opinipit that it contained natter demanding the considoration ol ihat body 5 and that, in discharging that duty, the Governopr did not dissent fropitbe suggestions of the special cGufi- sel,' surely cannot now be made tlfe ground of complaint against him from this source; that he did not attempt to improve those suggestions, surely ought noli to be made tfte ground of such complaint by the anther of the report. $0 m u ^ then for the specification of Mr. S. p a t the Goverfibur omirtet? to, notice this report,* and which is the ooly specification contained in the let ters so far as the G-overnour is concern ed m support tip charge that ^^positive axety beyond theiiperformancQ of formal duties #om which there is no escape, lidk^n no instance been rendered me.” letter of Mri S:i then proceeds lalf a column o f complaints against ifid legislature, against the “ debates, and other proceedings!^ eflfiat body, and especially against the ‘tetinV and pro^l msions, of the act'Which 'continues bis^ office^ but reduces his pap as special ^(puUsel from tmo thousand dollars ,a yettft fpQAum Whip, up to the 1 st of May inst. the accoknting officer o f the «tap has audited ^and the ^overuour I V s - » may have beetriiiferred, from (he ph-a seoU'gy of life Spccial Couiiselv Wiough it is charitahte to picsarofe eat froni on his part) that the proposed '‘^notice’' q ( his “ re port\ oaght to hdve heeu miide in. tlie annual Jinessitg* of the Goyertionri at the opening of / the tegiilatnfe'^ itisptoper to etate,'that when T, conrtnunTcaled his message on the Siif o f January, he; hadnoti received a “re port’* la aiiy e b ^ e iroia the Special Counsel, nor indeed any information beyond ocoasioni' el letterion partichlar points; and that (he message kept opeiji, uhlU the last moroentl, we knevv| iiijbe hope that a “ report*’ would he ratliishefiia season lara^'nolice\ of that mOir meat. , \ * 0? has ordered p^id to him for bis services) to 07ie ihousaqd dollars, ‘oiver and ubuvej his necessary expenses.'* It the lasij iegislature, ujlBn iin examination of thej payments^roade to the Special Counn sol both for services and expenses cam^ to (he conclusion,that the Comptroller and the Goveraojir ,had been too liberal, ill (herpaymuuts fjor services, and if, up-i on farther legislation cafied for by th^ Special Counsel, jihUy concluded to limj- it the discretion |reposed in those offif ders by the foimjer law, and to fix u !sum beyond wbicji the Special Counsell should not be pMd» we really cannot see what ground Of complaint this formis in behalf of ihatj agent against the act ing Governour. Had tfie charge comjB from any other quarter, and bad it beep that the purse Strings of the treasury had been too wjidely opened to thp hand of Mr. SpepceCr then this action of the legislature, and this restriction of the discretion ve$ted in-the Comptroll er to audit, and in the Governour lio order paid, the accounts of the' Special Counsel for services, might have beejn urged with some .plausibility ; not as an act, for which tho.se officers are to he held accountable, , but as a legislative expression of reproof of their too grept liberalities with publick moneys. Ifi however, Mr. Spencer intends these remarks as charges against the legislature, in that sepse we have at pret sent nothing to 4o with them. 'That body has separated, probably never a» gain to nieet, and their acts are beford an enlightened publick. If they have been wanting injcourtesy or justice to the special counsel, we, .with him, can only regfet that! it is so ; but neither has the power toiremedy the evil. ^ can only‘give to|Mr. S. o # md^firm convictions, th(ili howQ*'©r ©rrooec u$ly the late legislative mayjudged of the delicacy of liissfself-respect,’ or of his disregard of Ino ‘ara!ount’ of com fen- sation in tbo discharge of the duti is in which h$ was (Engaged ; and however much they may have undervalue ! bis services as special'^counsel, they Un doubtedly acted honestly and conscien tiously, and intended to do whpt they considered full justice, both to his4nt!$r- ests and his fame. - After this notice of the proceedipgs of tho legislature, Mr. Spencer prefers a mo're tangible, and if well founded, a more weighty charge against the acting Governour. It is in the following words: “ I have to complain also, that my official ceramunicatiuns to your Excel lency have been divulged, so as to de feat my measures, and to bring unde served reproach upon me. These com munications related to the means of dis covering .evidence of Wm. Morgan’s death tihey were not only in their na ture strictly confidential, but the suc cess of^hu,nleasures suggested depend ed entirely upon their being unknown to the parties and their friends.” I .. HejcoJlSja cfierigo of no Oi-dinary yhar- soter; a ohatgor Tuvolvlng the dopble 4^pUua«i o f djjefiQjoour^ 1 y''glving ppb»- iicatiou to a confidedfiar correspond ence, and of giving that publication in a manner which was calculated to, apd which did, prevent the dpteclion, and defeat the punishment, of'murder. To judge of the weight to bo given to this high charge, the correspondence made publick, as well as the fact of publication, are indispensable, and, as we have before remarked, the calls up on Mr. S.'for the correspondence have been general and constantly repeuted since the appearance of his letter con taining the accusation. Strange as may seem, no reply has 3 *et been made, ^nd:ihe publick has yet been left without p single fact to sup port this daring allegation. We are now, however, happy to have it in-our power to give this noted confidential correspondence, X.O tho light, and, so far a^! this accusation against Gov. 'Thitoop is contjerned, to show its whole founda tion. - With that frankness which in his prominent characleristick, and with an' honesty which needs no concealment, the Governc^ur has unhesitatingly fur- liislied us with Copies of his\ correspond ence with the fipecial Counsel in any way connected witn thfe charge agpinst him. We havU examined all the icor-. respondence with attent'rab, and tbeitwo following letters, appear to us to Con tain all that relates‘directly to the-mer- iisof the charge, and all that is necessa ry to the formation of a correct judge ment a$ to'the conduct and motives of Mr. Spencer on the one hand, and of Gov. 'j’hroop on the other. T h e letters are given emirp, and are as follows: ^ nandaigcta , March 29, 1829. Hi$ JBxcellency, Governour Throop, Sir—In pifesecuting my inquiries concerning the fate of Wm. Morgan, there appears a witness of the utmost importance, who, I am persuaded, can disclose all the facts and circumstances of Morgan’s death. Jiis name is Eli sha Adams, and he is now endicted as an actor in the abduction of Moi^an. He heis hitherto refused to disclose. Without his testimony we shall n2ver be able ttr establish judicially the fact of Mtr^gau’s: death. I ' have prevailed upon ad old and intimate, friend of his in whom he hks the utmost coufidence, residtuk at Sachet’s Harbor, to visit A., who is^now at Youngstown, surround ed by feaspui, and to endeavour to pre vail on; him to! tell the whole truth. To accomfdish tbis, it will be neces sary t<? pffer*l strong inducements. /I propjisp therefere to apprise him, that a nolle, prosequi! will be ‘entered on his endictijbent, that he will receive a pa,r-+ don, and the relw.ard oflei ed in the pfoc- Jamalit^a ofgov, CJinfon of March II i 11 -lithoHsed But 1 should a io so without the irtsiruckoi s of^uuri cellcncy tbM cSfeCtJ acd I .... . . ... 1.1 sutne it will be ind!spens£|bl| tba^^I should be able to produce'vr|tten bvi- de ace of your directions. £ [herefore relpectfully solicit kotir instru|tiond o.n this head. The coUrt at f hi sh it IwtII be. necessary to use this ^ it| les will bp held at iLockport, in the'eq intv agara, on the 14th day of A >ril fiexf* As all the time which can bb oblalfiBa will.be:waited, I would solicit au an-, swer as promptly as your«:onvonipnGe will permit. Some doubts having heel i £ xprepsed in relation to the true coMtmctioji of the act of April 15, 1828, ‘authorising the employment of counsel for pur poses therein mentioned,’* Ilieglpaye. to state to your ExcelJencjy l lg vjuw. I have taken of it, that I mc|]' .bt eori[ect-g od if erronepus^and may i Vpjd ’thb in curring ofi'eMonse, whiphi mplr not remunerated. - T-he-.last ptiffi of'ihe act is thf/'.bcoadest 4 tfd vmpsfpffi teyms, and_jpr,ovidea^q;, ^herl limit to the expejtses apthiy'ised,:tubnihat jthey should be no’ckssary to tfib oMeci^' ot Ihe apt. '^Ir hav^e already f^tqred ' ipto indeed actually^’paid puij. of I my! own pocket, money for t]hese prrpppe 8 t|*\‘^ 1 , In despatching tried andj jonfiden lial agents after witnesses yfio*’ lave elu ded pursuit, and in the nePossa'ry means to secure their aUendancei 2^ In sending constables aijd some times private cuizens, o 4 urgiintocca? sions, and chiefly at night, u fteri :e VI i ■ the iretpncG of crimi- naung f ^ Sd bMh© Cepstitutiohi which confers on ihe Governpt r the P i?f pardon, h- liiits il to casPs “after conviction.^ ^ Aihe most that can be dofib tjo reach thiS evi- denPe, is fe exercise the common Jaw pdwer of favouritisir . tb the accOmpJiJce whoigives material teslifeony. aijdbo far as my assent may be upcessary and p te- ^ “ L4iiymbp4i^heid^ Batibet the accused may npt| be deprived of pis legal rights, k is p'rPper that ©very in ducement to testify, Iwhich may ihus^be held out, fhojuld be made publick, that the |jury may judgp of the bias under whiih he gives evidence. ' in regard ,10 the expenses which will be cbargeablp under the law, you have no- wfltf pi^ceiv^, that the GoverfiouP hei, no bthei? power over it, thajn *to oldfir the Ipayipnt, ^after thee acf punt shall have b e p audited by the qomptroller. iiaving some dpubts as to the legality of the proceedings of judkiCtSmubiuni'\ .. . . witneses as indis- to v’itnesses, whose immediate attenda pensable. ^ <3. In advancing money who, though not absolutely poo r, are yet unable to travel a long disUnci! to court without such an advance. 4- In defraying the expenses of some witnesses, such as Israel Hall and bis wife, I who are not within the general statute authorising courts to make an'al- lo^ance, bnt who are, notwiibstanding, unable to bear the very he ayyjexpenses of a constant attendance fronl court to court. j 5. In employing an agent like the one mentioned in the firri patt bf this letter, and Tor siraifer pur|)ose!i. 6 . Compensation to a i malt amount, to a person to watch m); witiies 8 es at court, muster them at the p r o p r times, and keep them from rum log uwqy, or to apprise me of their depirturj?. This is absolutely iudispensable. Evejry ef fort is used at every court, t ) detach the witnesses on the part p r th j people, and sometimes the absence of a jsingte man would break the long cllaiu, and render it impossible to prqceedj to a trial. The difficulties which eucotipUss my path, in this undertaking, aria of the most formidable nature : 1 st, jfrom the difficulty of discoveriog tl^itne!seS; 2 d, from the few and slight Uleam affurde by law, to compel their alfenfia ice; 3 d frqjp their relbctanee and lefeS SjSwB T tify J and 4 tir/fK>m ine jUfit^sipg an untiring exertions of thailmasQ is |ci thb places where I have beenJto il wUrt evj- every effort by getting «^unessja out of the way, and by every olber t ovice to which human ingenuity pad sort. 1 am sorry to be corapellpa to < >iVe thijs account of the conduct of ifiasont. There are i^ome honourable eXPeptipos; bujt they Efi-e few*. I d relation to my owfi expenses and compensation, I propose to keisp an a(> count of what I pay odt; for postages and for actual travelling .expe uses; to rnake no charges for id^fts oi ‘ elndictj- men rant but to charge a gross suijfi: ail so much a year. My whole time willl bp fully accupied ^le ensuing year, as Ihere is a court altUost every month,\aDdl in some months two or three courts, iwbich I must attend. I should lie glali fe re ceive your Excellency’s upipioL pn this subject, and probably a i early intima tion of it. would save dis:ippo|E|tm,eut on either side. Counsereiniployld In the Aster claifti have received $^b 00 and $3000. If it should be'prefenrefi that charges should bo madje forlspjBcifick services, such aS attendijagfi fl|©dd j©*\)* and taking testimony before themtry ing an indiclment, arguijn'g special ural- ters, that course might qQ adorned. But the totai of such ebargep wcuju exceed a probable anrtUal nompensatiJii. ' I crave the indulgence of year Eixcel- lency for the lenglfi^f thfepemnciunica- lion. But the su^oclk to |wnich it seemed necessary to invitU y ^ r 'a t t e n tion are so numerous, thet: 1 Jould not well avoid some prolixity. ‘ | With great respect,' ' ) I Your excellenny’s 4b’t. selv’t. JO H N C. S P E l i c m . Ai^AKty, A firilfillfep. , you4 , lenJ*, , dated March 29th, I undeis^d thatfyciu con- rider the testimony bf’p likha Ad^his in- mspensablelo\j prove [Morgan’s death; that fie stands indicted fe p fiisiabdktion; and dial you propose ak inkucImeDts to him to testify, ihpt a no|! 4'ptPsfeqfii shall be entered on his indi|(|tpie4t| t W he fet he| sb|all ats, nor for subpoena’s, bedch wajj- ts, attachments or recognizances., shall ceiv gov, be pardoned, and that he]sha re- the reward of $ 20 OB p'rJinfeed by • Clinton s I proclamat;ioni. | You.^sk' my assent to this coursej. { / However dqsirable I maj cLsiderrit* to bring to punishment tke ' Morgan, I cannot give .fii measure which woqld i ave^ tendency ip,indnce a ifiah, fhb presents to'the public t;- /unf|vourable, points of efiaraetPr, to knfemil perjury. If it were in niy power, And yobifiougbr it afivisable, J would parflon Wim, so as to 4 ifke.:^oni him the polder 0 : fefusmg lotring certioraris, I flate-banded your llerladvis|inent with him. I dbuotun derriand you fas charging him with nny corrupt imotj^Te, I other than what ^ p u ld be iinfefred fronj his illegal acts. J f I find! thlt his acts arp illegal, or if he should be pharged with .|ctiqg from im..- purp motives within the limits of his au thority, I shall lose no time in calling hiioil^to ansWor tP ibe complaint. ' ! I have the honour to be Your ob’t. serv’t. E. T* THROdP. John C. Spencer, %sq. Xhis is^the correspondence. Other lettjers, touching upon all the subjects embraced in these, have passed: but they in no way vary the facts in relation to |the point under discussion, v iz; the disjeovery of evidence of the death of W 00 . Mprgan. What then- are these facjte, simply slateq 1 Mr, Spencer, in prosecuting his iu» qufiies as special counsel, finds that oqe Elisha Adams stands endicted as one of the conspirators in Morgan’s abduction. He becomes convinced that' Adams “c{an disclose all the facts” of the ab duction and demh. Adams iiowever refuses to disclose. Mr. Spen der then asl he states, procures an indiv dual re siding at Sacket’s Harbour in He coun ty of Jefferson, to visit Adams ., then at Ypuugstown in the county of Niagara, afid to ; endeavour to persuade him to bqcomU a witness against his aCcompii- 'cqs. 'this however, be seems to con- pljude, will not of itself accomplish the object. , He therefore addresses to the apting Governour, so much of the let ter before given, as relates to making npe of Adams as a witness in these pro- seciitipns; and he proposes that gov- a t madvlcfi if tfie cause, and jnoj ~ »our b dimPsM possession ihe Governour bM t aU; Ibe nv riglk to inibxfefe, bis 3f the fifei of thd propositions. T h e feoyornpur |iha«l laformt d Special Counsei Ifiat h e b a « t Mwnr m pafdoif before conricW v.? ©A Md refei«e;d b|m to the^,cousrituti|n, loy the ] borrect|essfof. tbiis jqpinioU.T^ bis i ^ d s e d M the seqonff J>rof us|r iion. Tiiel ilovei*nf ur. distinctly reftised to be a riariy to Ifi ifirraUgfiment j(o pay this mSttItwo lli|uskfid dollar^in mon-Jy, to inddeb Mm to swpar infi eansfi involi- ylDg the life of 2 citfeen. 'This flispoi^d of thejthlrd probosirion. ! . , W fatithen, We Ask again, remained jto be jmado Duhiick* whiefi coalfi'/def eat the mfia?urS of tl4 Spepiai CTiimQsjen HIT ce in subposed crime ; that this alr< indictedindividual, should be tampered with, and induced, qither by promises of pardfin and fayour; or by rewards in moneyr\ to ' testjifv against the lives of othefst and that’ these inducements to testi^ stfear away the lives of those who are supposed to have been bis fellow-work- erq in the murder of William Morgan, to w'it: 1 st. That all proceedings qpon the endictment again Adams shall be dis continued. 2 d. That Adams shall receive a free pardon from his own guilt as one of the murderers. 3d. That Adams shall be paid two thousand dollars in money, offered, in the proclamation of the.late.gov. Clin ton on the 19 th March 1827, as a re ward for the discovery and conviction of the murderers of Jlorgan, in case he had been murdered. There are distinct propositions of the letter, and these are the “measures suggested,”\ and the success of which Mr S. now says ^‘depend entirely upoii their being unknown to the parties and tli^ir friends. What was the answer o f the Gov ernour ? “However desirable I may consider it to bring to punishment tfie murderers •of Morgan,- 1,.cannot ffive^ my assent to a measure which woul^ have so strong a tendency to induce jo man, who now Presents to the publick unfavourable ^ i n t s o f character;, to commit perjury, expresses his wilUngness to pajrdon mis man, upon the advice o f the Special Counsel, if he had the power, but refers •i*u**° constitutioq, whicii only Vests *7 *be power to pardon after epn- vfetion. He suggests tos the counsel that the favouritism mually- extended 1 o accomplices wfio g ^ material testi- mmiy, may be extended tn Adams, and adds, \so far as ray assent may be ne- proper, it shall no fie with- Then follows the sentence which, according to the views now ex- messed by the Special Counsel, must have been a defeat to his measures. It is jn the >e words. , ' • “ But hat the accused may notbe'de- priyed pf his^vtegarri'ghts, if is proper that every'jiiducementto testify, which may thus be field pqi* should be made Vrfj«dgp of the whicbdjp gives evidence.**. I T his was the finswer to Mr. Speo- cec sifeuer in relation to the means of dtsctyeriqgievidence of the fact o f Wm, ight 4aj-s af. 5fMt0 him. Whatthen^^^ losecfitiffits l T h p p r o S S ^ ^ e S Mg a 'nolle prosequi upon the indict- feeqts then laying against Adams, was a r ' ' and discretion ojfihe prosBcuf sti^ should, bfi kept jsecrel, so that be migfit stand bPfprp an honest jury of the Country as an nnirapeaphed and an unsuspected Wiinpljs I Were these the “ mejasures suggjested,” and the success of which, the Ipecial Counsel siys, ‘‘ depended, enlileiy upon tfieir M ing unknovni to the p tjties & their frient A?” Was *bis Elishfi Adams, s tani^g in the shoes of a criminal, to bp transforiaed into witness ibr the pijosecution, by surfri^d upPn theaccusedi, and when ,no preparation hap bpen made to meet fiis testicSony by sfiowipg hfs real character? Was the acconjpliehment of this object the “positive pid” expected from the Goyernour, and which he has failed to render ? I f so, the Governour may with Tno$t perfect safety lake the issue ;en- derp’d by the Special Counsel, dtehuer- fulljv leave his jconduct in relation to ihe testimony of Elisha Aifams, “ to the consideration pf all impartial men.” But there is another p a rt of this cam- plajnt which dpserves a brief notice. “ I hPvp to complain also, (adds Mr. S.) that myl bfficia! communications to your Ex cellency have Ibeen divulged, so .as to defeat my meajsures and bring undeser^ ved reproach -upon ?5c.” We have shown that no publfeation of fhis' bor- respondence fiould have defeated any “ nijeasures” of jibe Special Counsel >ro- poked in bis fetter, because the ans wer of the Goveriioilr definitively disposed of two of the propositions, and the third and only one remaining, to w it: the en tering a nolle prosequi upon the indict ment against .4dams, was oPe waicb cotlld not pospibly be affected by being divulged, and if done must remain a matter o f pubfick reewd in (he court whjare the indictment \vas. How then could the divulgi ag of this eoijrespondenpe bring reproach, wbethei deferved or not, upon the Special Goun INI. ver ‘■X eopfifeby possibik p E di way^lffect, the p roj 6c,f t | ),n|. ;=was!^P ■business|.-of M' ; J gtf.fePpdupifi Tfip “ measures” Dm' JiiP iP ttP fJp^e GovetLoi,r pfe ffieanss Pf discpvering evideneV W im saW irgan*. i | r l a . GDvernpjlf'faaa snk ' oyfe* ifieftf; were definitively dikpoi ed by bis .answerv and po piheffejej sure fepre pjgpposefein ffiat orany bthL lei iksi wfife%couId 4n any way be loinri duriy affpcleddiy being “ ‘divifl|pdi> jy’ c b P fidencPf^refofeysp fafMfe,. I ck interests, a n d thd of the jlrose.cUfion areepneerned, r ^ i , e ^ . Bp j kPpt, ‘ aftPiMbi^: !#nstyer j bad! feen i f W 'V- ' ■ ' ' ' ^ 7 How far Mr. S.’s communkatipa rf, 3 ' i ttits nature confidential, in t|Bfer£ nee itsfelfipt fipon prosecutions, befom it feas Answered, ^ leave to tfik puhd, |ick judgement. . H tseem s now fe con. idler that it was *fetrict;lyP’ so.' the ■overnour tells him that m his !ju{jge. I pnt, ‘*every indUcemPnt^” | heldfout * 4 witness to testify, shou|d be made I >o;filick, that the jufy might judge of the das, and thus be able propiiriy to weigh be testjfiiony. In his mind, iherofore jiotfiiii#l|Q this p a rt of the letter was at any time confidential. Al l‘ the residue of the^eim r, as Will be seen by reading it, related to the audit of the accounts o f the Special Counsel, aild to the rate (If allowance to,! be made to himself. This, we supposb, will noit be said to 1 have been in its} nature “ ktrictly confi. deniial,” as it inyolyfid quesrioDs neces- sarily refei^able tp pnibther publick offi- eri And to sfiow that Mr. S. at \the Iroe when these ;transactipns were fresh n bis m|nd, badjnot attached this strict- y “ coufidentiaP’ character'to this letter, e expressly solicits the Governour, in letter bearing date on the 15ib April, .^ 9 , to lay his letter of 29th March, ifitso another leuer-of ll e 3d of April, lefere the jComptrqUer, at be (Mr. $.j J might obtain frpmrthat ( fficer ansviers to his inqtfiri^ pn the subject of the ej. penses to} be incurred by him. & much, thefefprp, for his ewn, as well as I he Go-yerinour’js opinion, as to the CG^ deoce necessa|ry to be observed in re. atioD to this fetter, al t ie time it wa^ ritten: So fajr as the ptiblrck interests ere concerned, it bad .aot Iben, and las not now,[any ifimg coafidcDtia! boat it. With whatever of “ stricj\ may :boose now to lolhe it, for tfie purpose of protecting himself against! tfie moral complexion of jtbe propositions contained in it, or for poy ofber individual or private purposn, we have nothiPg to do. It- is between himself and the publick op^inioD, that any controversy upon lUb pefint must fe settled. ^ , . V After\ what has been said, it tnosi\ seem almost needless to' sontrovert ihe charge that fee Governour divulged this commbuldatioD. Yer in the sense in which the charge is niaiie, it is wholly apd e atireJyjjplcag,,:^ “ niy offi- 1 '! c upw' wu, ^ I—, 1^1 (Iide,, irosBcuilng counsel, subjects to nour bad no pbvver to inierfero witl the entry of a nojle prosequi upon the in- dicjtmont agaifist Adams, coulfi n o t k ti- The fact that! the constitution had not authorized thq Governour tb pardon Adams beforb he had been convic ted, coipld not do U. The, feet that he re- fus|ed his assefit to the payment o f two thousand dolfers in money to Adan s to induce him toibbeome a witness against his accomplices, could not do it. vifhat thfe, we repjfeat, cqnnecfed with ibis coifrespondenCe, could have broughi: re proach upon fee Special Consel, by be- in^ divulged? The answer is irresisti ble : Nothing; unless the “jueasu res” proposed, wete in themselves suOfi as to cafey reproach loathe author of tl em. If the Special/Counsel efiooses, tc as- suijne this groqnd,. we certainly have as littfe occasion, as we have disposition, to defijy its correctness. But he wHl scarcely be bfirdy. enougli to com end thot proppsitfens of such a charaOter, deliberately made by one fiublick officer ^^atlother’ anq necessarily involving the official acts afid offid^Cresjjon&feil ties o f both, ,if abce^ted and Acted ujUn, cpfild impose any obligation of sec [ecy or confidence, upon the party r e f o k g h»s Assent to, and participation in ti jem. That this was the course pursued by fee Cjrbvernour. as to the; proposition to pay mqfiev to thejwitness to .induce fiici to by his'prompt anskyer aining the propositfen, , n I cc Mr., Spencer inusi h ive received! more than twelve mopMs 0 ( fore this cothplaint is made, S p n Uoh % tfie justicej o f his attempt to fcb Lrge hip reproaches to the Gbvetootuvt I J}'^' have 'followed tfiese *means prpriosed by him “ of ^difcot vbnng the fak of WSiliara M p tsm 's they are deserve 1 br r. we feeeljy leave, as the Special ^jOunsel sqenis willing to leave thq t bp- Cfect of tfie Gnve?mour in the ma ter, of imparriab m m , wnh feei^single remark, tM irif m b§com§y hifii to complain, befiause the <7overnok bps inof .yisiteff tfio&o re- proachee paorp severely upon film, fio fife removal , f A ‘ Mri Spfincf r elleg^^^ feaifeis cbofidenttal, |aqd that tlfey were Im- propwly And injuriously “divulged’' by the Goybrirour. W e bfive\ hfihjrio (femmeme J upon! sliis corrkpbndefic jf® fefegations, o'y'at leasrihe dference, hofeever, fe not to be dr? wn. or iutenlled. Ibtei'kts wore ij bii tbrlied* wf befiek we have conefesr feown tba r, k m l tbq Ubs wer of tfie vmnour, t iothk| im b ib e # to fie n cial commanibatioDs toybur Excellencj have been divulged, so as to defeat mj j measures and firing tindeserved r«proack j upon me.“ fend again ! they became known to a counsel o f the persons im- plicated in tfie bfiences upon William; Morgan.” As to a defeat of the “mea sures” o f thb Special Cc^unsel, we trust feat we have satisfai^mfey shown that' pone, oyer whicb the Governour had ! any power, rfemained to be defeated or afiected, aftef tbe answer was given to fee letter proposing those “ measures.\ j All were definitively and unally disposed of by that answer, and if defeat to those Measures was^ to be chailged, it should have been charged upon the answer to thq, letter, and not to a fevulging of the jeorrespondenbe. This part of ibe ac cusation of (hie Special Counsel, there- fore, is neceSsarily withnit Foundatiot. , In relation to the “raproach” upoa fee Special Consel grou jng out of this ffalr,-we havo nothing tu ad(| to die re- aarks already ma.de. I f the refusal of he Governour toconset t to pay Elisha Adams two tfiousand dol ars as a rewari fer. b|s;|nwn testimony igainst his ac- k.mpifees in crime,-was wrong, hisre- fusal qpuld not bring reproach t§on pir. Spencer.' I f to pr< pose to do this, if® ® prosecution; involving the lives of Mri. S. has tfi (jhaigb liijniseif, and not fie Gm'ernqfe, vriifii the consequences; fir he n adqfee pfeposttfeiir in an official mmrnuiuckiqu to a/publkk officer, h ;fia feo m^fifen wa^rign!, and the refu- !!al right, no “ reproaefe” can fall'upon iithei*.!.;^ The last' ridions anfe Ajp^fyocal. t Whether Wr. S. tuien iefefefihfiten fern the'Governor !ia^ iO pa persons implicated ift fee offeqcfe Upon Wlilliaui Morgan\ fife* will nbt midekake to say; but feat fecfiis.the inference tvhich may be drawn from the terms, he uses, will rnading them'; and' that ;spch is t fib practicalinferebco which has hqen dr iwn, I t certain from an example 1 low fiei Y fig mew York Ame- lican, i! i com*fienti|Dg upon Mr. Speii- ( er’s let er^ oays, ** XYe cannot withhold !■ ibtatiou gijven, is more in- giug toihe counsel q frm v ted criminals, feb. confidential communications offi' “ cially receive^ by tbira from the cour- ‘ Sol of the- sfele, which was in iac: ' proseGutingi party.?’ puch isih-*-- thro of tbo acGusatipqs' jfaih®g ‘‘P’”' ociing ’Oov6hwui-,,-jiandj wbife h m?.' have been dofegnod feoUld fall upon hi‘*i lit cousequoafie of tbi&j bquivocal sen- timce ip feb^l^tijr x f thf Bpecial Coun? r ^ : -.-,1 ■ I liow^ever, at and-wifeouL T h e Goy nicbtidm ffe same discharge o | questaDg.hfe tion totheir f <sorrectae^;| Bori£nibtio|c| -disidterefeeJ opioiems ‘ cjcf prompt ansy H s re,the'm l tfiiless, upon| been courpe that hq had, I to the paymr witness toil fhese trialsJ communieatii vernouf and;; of any persoi ces upbn :\Y 'to this eprte place; and iiistrumenta pottdence, yand perhaps __ rS I ^ .'^q.uested fiy i fearlessly of the least sertion. II jthe Govern confidential There is Special Cou and the pati relieved for. T h e Spe ■“ been safe “ ted individ “ borious am “ they -were “ me, and w “ the -respoo “ thatgovern Here is“i and, Conner complaints a| seem to covt ernmental exception ofl what extent I the persons of Morgan h| lect by the far they he aid”-oF a lltJ be well to FACTS; these facts, that, since unfortunate been constac rally dispose! 'punish this ] j that, (thanki gence ofoul ; period, beeiU i iaire' dispose * I sgainst the I stepping stoi I- ; O n the 2i I late^governoi I Ration offeri| different cui detection ant ors of'W iliit •' T h is not I 9 thi March proclamation I Morgan had ing a reward pif alive, ao£ fdeteGtion ani ;ers, if murd^ O n the If ature passel (ointment b{ iai Gout)sell ttorney G< official iaboi levoted to jan coQspira |:ontinue foi May, 1828. T h e hon.' Jiately appoj SOV.^Pitchei Ibvoted ne<* l^rvice, untij >f the sevei 1829. ; immediate fie office of I Special Coi plated by_^ rintment w lireumstancl roper to me |f pv. Van fii] bistakeu, .a ppointmen! amewhat Jast as goc rere coijce ^Icollectipn lielded exp Ions .of cer P the legis}| |on of the Jyer accept ion the dii O n the 6 |tufe passe ppoiatmen |ith alltln Knal act. I P a the pure pass! pecial CQUL feaeral jail ge presenl |iagara, a f jpee of on| i^eme,eom |eciat:g{ .-v',. 1 --;: ' 1;* \--I
