Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-03-21


came, Judge Chase handed or threw down
to Me-. Caldwell the cl rk of the court on.
or more papers, and al the same time lie.
iVered himself, In substance, and as near
ly as can be recolle6ted To the following g.
iect: That he understood or had been in.
formed, lhat on the former trial Or r. als,
there had been X eat waste Of line. by coo
sci making long sp eches TO the iuryUn TIE
/ law,as wei as on the cts, au; on mattc.s
J winch had nothing IN do with the bus,
ness before the court, ard he partiCulsr,y
noticed III strong ard pointed terms OF
| Interpretations, their having read, aud
think having been permitted TO reed, Ger.
tam parts OF certa,a statutes OF the United
states, relating t. crimes less than trea-
son, In order to shew that the prisone,'e
case came within them, and which he aid,
! he or the court q du not reCollcct " hicu)
would not suffer To be read again, - ;hcv
had nothing to do with The question. lie
added that we are Judges Of the law and
understand 1t, or We are not fit to SIT here
that cases at the common law, or uude
the statute law of England previous 10
he English revolution, tad ro,hinr to do
with the question, and that hey would
made up their mind on the law, and I'D
reduced 1t To- wri ting, and that the cc,lny
sci might conduct thI mse!ves accordlpa-
ly, Tor coniorEadly 10 it) he OF they had
oroered copies of it to be made, and ono
oE them 20 be delivered TO the counsel in
support OF the prosecution, and ..nOthep
tn the prisoners COUNSEL. and dat a. .0n
IS the case was opened or GONG tulougA
II am not sure Mhich was the expression
on the part OF the prosecution, he orthey
Il am not Certain which, should arder
| one 10 Ue delivered to the lury. Hc sis,
added, tha, II we had any iauit 10 hnuwi.a
the opnio1 OF the court, Oh nae any thiae,
| to say on the law, To shew that taey W. e
wrong or had ms AIKEN il, sc musL al,
dress ourscive, 10 The court, ana OF 10
the jury. About the L..nc when judraa
Chase began 10 speak. the Clerk nandta
me one OF ths paper. If looked a, 2
1t Mas escaped I.ly cecYiiection, b., III
am Confident that / read Bat
sNI...I p..rt Of =, a. nIy attention IS. r,
meda!eIy engaged ~ the d-ria, 'aloss
made by Judge Chase, ana very aoon
threw Ii from me, declaring IN co4ri, b,.t
whether addressing myself 10 lt, or Lot. {
Cannot recolIect, that my hand Should ne
yer be tainted by reCeiy.n5 I.tu.ldpeoi
opinion i'll IN" case; much less ia ac.,,i-
tai one. ne novelty 80 Wuii rs the 10
ture Of the proceeding asitet,>S me N5av
sitlerabiy, AID replied with hat war, IA
which ] thought the occasion Genanl n.
as neaci} as can recoiiect, as foi,o,ys
That III civil cases / deemed it uropep
that the consideration Of the law AND Inc
| facts should DE Kept as separate as po,si,
| bic, and lhli thc ioTmer shouiG uc defer.
mined by the court, and the !aiter b, the
jury, but tha: lii crim;nVl Gases, and espsv
| cialiy iii capital ones, 1t was the consl;u..
| tional right OF the jury TO determine ne
law as well as the Iacls; tina. 1t was ,e
right OF the prisoner tor tie jury 10 pass
between him and his country on both ~
! them that II was me right Ut his Counsel
to address the jury on the law as wei =.
the facts; that deemed tbs right =
cred snd great constitutions ore, wi -
should never be sacrificed by me, ana
added that never had and never w,..ei
/ address the court OH The law ~ any ,rl,ui
nal prosecution whatever.
That although the Constitution and STA.
t1te of the United States might no; ~.
haps be materially different from he In,
glish statute of treason, as TO leyying z
war, and although the Judges IN En1jao
| since their situation was rende.ed ,ode,
pendent, had been able and uY.i-..l itd,a
moi follow that the law u treason as sei.
/ tied IN that country, was applicable here.
because the judges there had siacc tbs
revolution, and snce their inIc.endeu.s.
/ held themselves in many particulars,
bound By former decisions, but tnas ON
( Judges were not bound Cy them ~ tho.
construction Of new statute Of our c,..,
and that / therefore could not submit ~,
y the doctrine, that whatever was the ,,.,,.
sent law Of treason IN England, as 10 .no
I levyiug of war, was the law Of trs.g,., ;-.
this country. That IL was important 10
guard at the beginning against a !a!i,uds
ot construction OF oHr own constitution
and law byshewing thccxtray7Jant!sDs,.s
which courts 10 England bad gona md.
die statute oS Edward la. Thlal, lsr,. ,
'ae judges were independent, and When
MANY OF the ~oftsti.tlff-yu. ,.f .,' , =