The recorder. [volume] (Richmond, Va.) 1802-1803, 1803-03-09

- H'~dAuC 80 uAae mere ContcnQcd for.
he lays that 1t was introduced and in
cuicated by lord Mansfield, to ierye
ione party Purpoies. Second; the doc
trinr was found 60 be 70 incon(ifN..
with any thing like the freedom Of rb -
PFcis' that an atE Of parlamenr hars
tlnce paf, declaring that the trorb ,- s'A
be given In evidence, and cutt;n, ="
Mansileld's doctrine blythe roots I}.nip.
ii we thould ADOPT it here, the ccnI;
eon OF an American Citizen woujd -
zen thouiana times worlc than char of =
brlnih !ubje6t. Third when i tsr,. .
I'd the PurPote Of the democrats 49,,
were loud II dilowning the au,bor;f' oc
'hat very common law, which lors
OF them are now defending for the {ate
OF ge5ting hold of Crofswen. GroG:.r
lnconi,ltency carnor be concn;y.}
When Madiion, Tome years apo yyror.
MS pamphlet, for thc aiIcmbIv h. !,
ooured hard, and with fuccefs, 70 prov.
'hat the common law of England can
never be the common law of r6r TJ,;.ea
States. When Ellfworrh, erouod;6g
upon the common law, gave , mi,
tyFannical and execrable fentence aoainff
Gapraln Williams, the democrats mad,
che whole continent rebound with rva
crations both again9 the Judge and the
common law Fourth; the docrin,. ;e
lnitleltio ablurd. that it can neyrr ~
carried into efe6t, without thr. exr;r.
Pation OF all focal inrercour(e. The &.
dIrion act oPpreaed focicty. But ibis
docfnne Gears il co pieces. Pur the
Gale that a man has been tried and CON
den4ed for horfe ltcaling. He receives
inc hing 5 pardon. a few DAYS after,
the Judge who pait iencence happens 70
iay fb@f jsl01O .fuAs a boyG-. lie canaor
appeal TO the record of rhe court; for
tie ff9t@ eaa10tbt givee in syideaes and
tae Judge is fined for libel. Suopo6
that a teton SUIT going to be turned eff.
Al TINS Infant, the hawkcrrs arc bawl.
Tag MS latt iPcech; and the newspapers
nave announced that, on fnch day, he
IS TO DC executed for fuch crime. In
the critical momenr, he receives oar.
don' nc is entitled to proiecute the
.FaeH'sF'rlferers aad taa|>l.crs &. lint.
oecaule the hrHtb ta4nof6 be givsu in egj-
asAFe Such arc the ablurdiries involved
IN this mad doctrine, which iiIues in
the mott fhocking indecency. For,
q haf6 cannot be gi0en in evidence, then
all 1he PerlecurofS Of religion we're in
the rigRr, from Pontius Plate, and ST
Yaul down TO ST. Dominic and Bi AoD
Bonner. Il chs doctrine holds in libels,
1t hould ALTO hold in profecurions for
afioh, or oarrarry, Or indeed any orhcr
criminal offence. A man is ouitr A.
much entitled 20 fair hearing In the
one sale as IN the Others. Ifhe is 70 be-
inpfiioned for a rwelye N ,nrb, rhr
Punilhmehr IS equally icvcre, whether
itir afflicted TOR libel, or for Dcrty
larceny. In che LATER cafe, he is allow
ed to prove an aLibi, or any ching eIfr
which he car prove in his own lultih-
cation, IN the former, he is allowed
10 prove nothing; for fbs tratb cannot
NJ g'2sata e2jasncs! Ii satan himfclf were
TO commence legj1ator, he could nor
aevite a doftrins more truly diaboical.
41e Examiner fays that tbere is NO pyin-
clp|s mare eIfary FIXED III TIE eg8ymOu ka.g
nc aniwer is chat the principle IS ia
direct oPPolrion 20 eo015ou jgj9jrr; and
that the veterans of the revolution bled
IN Tail, Il we arc fill ~ be fc1rcrcd ia
all the bIbarous abiurdities Of Europe
And pray what is ths common Law,
or where did it come from Blackstone
viii tell lis that it is a MATS of rradiIionary
maxins derived from the Saxons. This
was tribe Of barbarians, that, after .
very long RruggIe conquered England,