The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-12-29

THIS perhaps is one ~ thofe powers oe Ire
l"'ige which no ~ lfonabis man would be VII
| Ing 10 diipute. But after d iaryniaa has hssn
iummoned. tho his qualifications we're conty..
ryto the deal tsudatd of rfeaioa IA ..e
'olnd OF the judge, or contra!y;o els oa- &c.
enc iuftruStion to the mar.hal do 20: NC i,..s
lot cur court limit the prerogalive of .hc
I)udge over the fummonr;i juror Can .c slif
niIts INN without 4 proper challenge Is Tie
proiecntor rtheaccufd? Blythe + wof con,rsrrs,
tlt is provided that Juror in he fedora. courts
ihoud have the fame qualifications as irrcr it,
the iuPreme Courts Of that hatc, in which th.v3re
fitting. Bat by the law of Virginia, everv pr
ionmay be Jarymanwho isel yearsuld and who
haSattaned The other legal Qualifications i.ik
then, how could the Judge himfrf releai;. any
man upon fuch q plea as this is And ak
whence could the MARTIAL have derived this Dri
viege Yet this is power which MIR. Ran
dolPh exerciied, in I he cafe of MIR. I.ewis and
Mr.. Blakey even after he had declared TO MIR.
Pollard that he " would not execute any perfon
whom he had or might iummon %
have not forgotten that the fame objection
was made to MIR. George Blakey, and that be.
was re!eaied" by the MARTIAL for the fame rea-
Ion. But ! have not alto forgotten that the ell
lion OF Mr.. Lewis's name would leave blank in
tae irit part OF the iiit which there was no other
democrat to fill up and that Mr.. Bakey did
not want federal fubfitutes enough 10 fup2ly
his place Had then the political predictions
of the MARTIAL any influence in ftrikirg out Mr..
Lewiss name /! On this quefion, am very will
ling to confcfs the Gjarree of nv Judgment.
How far it would have affected the political
ccinpleXion and the verdict Of the Jury, are prob
l-ihs of very eafy folutiou.
Col. Marks Vdndewall is ALTO pIace,, on the
early part of the PANEL. His fumrnons is trium-
phantiy brought forward as an underi.ble proc 4
OF jury inditTiminately and mpartiaIly fe.e6i-
ed. Why then did rot this gentleman itrve on
the jury Why did he not attend 50 The rea-
ion Of his not attending" was fAd Il. that tire
by the friends of the trial, to have barn his de-
ciaration TO the deputy martial, that he was
particularly averfe to f-rvrg on tia, trial p l.
TINS hatemeBt altogether accurate am anti o-
rfed to declare, that 1t isNof. an au5horifed
10 aiiert that Col Yandewal was nczcy- G,r77g 3g-
ed; although he was in the prefence OF the de-
putty martial on the very day OF the trial before
the opening OF the canfe, and although he waa
IN the prefence of the court it.eif iuriag the
whole or the greater part OF tine trial.
Srd. That :" no man fcrved on that trial wiz,
was rot the political opponent of J. T. CHI
lcnder;" is one OF thofe truths, which NO man
Will require me to prove.
Here then mutt paufe & from ttis .hori IN.
vefigation the following concluGons appear 10
be iupported by iuthcient degree Of eyiden :.
III. nat very few republicans were fui.!;noueS
as jurors the trial OF Calender, although
they contributed great majority Of The ci-
tizens of Virginia.-2dly. of thofe few, one
democrat at leaf who was fummoned among
the firf, was called amoag the laG.---
90. that no democrat was placed 70 near 10
the top ofthe lift as to have any chance of he
ing entitled in the legal quorum, except oue
who was never called in court, and " 20 was r:-
leafed by the Martial hinfelf, without ieemi,ig
to. poiiefs competent authority and 4thly
that Calender was condemned by iurv Of Fee
deralts, although the PANEL was indifcrirni-
nately competed of (" refpeStabe charaGiers'' of
both parties.
Whilf ltate thefe concIuiions, let lie can
didly declare, that there may be vah body OF
exculpatory evidence with which am unac-
quainted that fome of the faSts which have
been brought forward againG Mr.. Randolph,
are fnfceptible of mder construction and
that in fpite of the arguments which / have fus-
gefted and the facts on which they are predica-
ted; Mr.. Randolph's conduct MAJ BIZ iultihed
by the fritteit precepts of impartial iuitice.
Should this be the cafe, hope my errors will
be corrected. Let truth be communicated 6
no man will be more willing than myfelf to an
nunciate her decree.
T6e EAi,cr 81 -. E::Saiiys;.