Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1801-06-15

a
RETAIN SIS aas lie pres. what. but
/ TOE dsitluaiou 81 tae elfaI 3 jury mao snfae
1 mesnthe impartality, the purity, tie Jude
/ pendSnee ofthat trial fome men may be fornd
10 toTtihed BY nature or habit, as t. BE above all
influence OF that kind. Bot how many bonsR
and hcn't able minds, will ether wholly with.
draw from taking any part Ia The admininra.
ton.ot juitice, or ihrink from The free and nm.
biafed diicharge az their Office, If Il Be pern,it
ted that they ihould be held up 70 the world &c.
degraded,corrupt and Infamous Jurors are not.
volunteers they are called here by compulion
ct law, and generally give their attendance 20
the great detrim=nt OF their private afFairs.-
/ They are therefore. more aronply entitled 70
protection. III they emain unprotected. thev
will ioon lean to defpi'e the proceG Of court
which will be itielf contemptible and relinouilh
an inc-nvenient duty, fubietfiue them 70 ealum.
ny and dligracs. Thtte confequen will fol.
low, n greater Or leis degree, With reference
TO the judges, the jury, the council, the officers
concerned IN returning jurors, and al who may
&c neeeusrily employed in the administration
Ct jualce. II therefore the trial BY Jury Is to
ee preierved, 4 the rights If Tutors are 10 be
protected touching their deareR interels, oF
property Ute, or character courts of iulice
mutt prevent al dilcnGiot S, an int ference, or
reflections 10 rswipapers, while cauics are &c.
pending. This is equally the privilege and ls.
cutity Of both PlFties; an q the lupport If Il Is
the common eauie of every yirtuous MN in the
community. In order 10 afford complete fecu.
rIty, Il = ahfolute!y nccefty to refrain and
Punhh offences ct this kind IN a fImmary man
ner--and N a fummary manner they have been
punihei from the earlieR times 10 the pfefent
day. There IS nothing contrary 10 this mode
OF proceeding in The conilitutiou of the United
States, thou. h il declares thar The trial III alI
crimes ihall tel by jury. By fair conRruoon
this IS only TO be inended at thoie crimes which
bT our former laws and cnRoms had been
tired by jury. This conilIu6iion has been uni
verttly received, by The courts OF the United
States, and BY the courts Of the fevsrai GAGS
whole particular contitutions contain 4 Gnriar
provh'n. II was determined very folsmnly
N toe Supreme Court Of P-n0r, lvania, II lie
cafe Of the Commonwealth vr. Oiwald. The
prett0t Governor Of Pennsylvania, wa shen
Ch'et IuacH. he is well verf>d in the achsral
prncPles Of the iaw. as well as the ulapes and
oritoms Of the United Starrs, and cannon y.
iuPPoled 20 have favored conhruaions unfriend.
ly 70 trne liberty, or unwaranteJ BY the cen
une lecie Of the eonaitution. The principles
ehabliihed in Olwald's cafe, are too nroaqlv
iounded % be ihrken-I can Cav with certainty
that for the lat ie,en years they lave been con.
hdsrei and a6ted uron as The undoub "a law at
PENNY lvlnia. The natules Of the Unued
States, ezprclily gYe to their Courts The \. wer
OF pnndEirg contempts by tine or imprisonment
at their dicretion-and whoever attends w he
expeditions il thoie fatu Is, wil eaiiy perceive,
that they recognize fumnary mode Of proceed
ing We cor6ne cuneves within the ancient
limits Of The law, recently reuaeed by iesiaa.
tive Prov'iiors and judicial decifcns. You
have ailedged by way of e1tcnuation OF your
offence that YOU were provoked to It, by an |
buhve publication in WIyne's paper. Bot, il /
you were i'll treated by Ny. Wayne, you ihould I
have applied 70 the law for redrels, and not I
have reveuged yourfeE by attacking Nj. Hoi- I
hngsworth, the Jury, the council, the officers \
and the court. To give your apology lis Ut. |
mott force, i amounts bot to this that you .
aSted under the mpulfe Of PATTON. /
The Court have taken thar circrmltanee into ,
conhderstion--at the fame tine, thinkmyfelf /,
bound "a declare, tha, patton IS no Publication I
OF an offence, and cannot 60 far, even in extern \
uatioc. If plea Of thar kind were allowed, !
men az violent Jempcrs would have no induce. |
mcnt TO refrain them. | am fatis6od thar on |
reflection, you yourlelf mut Be fenfible hat YOU
have a9ed with extreme ;mproprety. Your
cafe il attended with circumaances Of FAR great.
er aEgrava;on than Ofwald's. But though X
TIE Coor; have power 70 puniih at dilcretion, il
Is tar from their Inclination 70 cruih you, by IN
oPPreiIive fine, or laGing imprifonment. They
hope ana believe offences of this kind will B.
prevented in future by general conviction Of
Their deltrndive tendency, and BY an aGurance
that the Court podei' both the power and the
re!olutsn 10 puni(h them Upon the whole,
the Judgment Of the Court i, that you be inl-
prifaned for thirty days including this day
that you pay the COTS OF the prbl1cution and
thar you Aand committed till this judgement be
complied with
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Ernrn rAnnA ~. 49,