Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-12-22


pa Cannot be used, ard gentlemen are ,
uan'ied In their minute examination into /
"e rela,ioA between the charges and L..
imony upon WHICH they are erected.
consider this srticle obie :Gnnable be- :
Cause there is concealed within il prnci /
pie pregnant 1Ith mischief 10 this c0ul-
try Il I. be adopted, i. VIII "a TO eslabinh
: prlncipie most dangerous and upprss-
sIer. l. goes 50 iar as to SAY that the
courts OF tic United States hare criminal
jurisdiction at common law. If g-ntle-
men Will atteDS TO the article they will OBJ
serve that II cites tie act of congress esta-
blishlng the Judicial courts Of the United
ota % so tai as relates 20 the regulations
of The seScral sta,es, and they are enacted
10 be the rules OF decision of those courts
IN trials al common iaw--aua then it goes
nn TO charge judge Chase With violating
this very scl. Il "a the act of congress
which gives life - the act Of Virginia in
the J0jtSa States courts, and il SAYS t.at
the statute shall be cninrcsd a. on trials al
common Law. =! re first enquiry will b..
MAT WAS ,ae mesnilg OF the legislature
IN us;Hg tbs expressions i in tr;a ) al com
mon law, )" ana 10 ascertain whether Cal
Lender was tried by th. common law az
uGi'er The sediiion aSt. Law writer's are
not more clear. precise, Or correct, on any
subject, thSn they zce IN their definition
af he common Law; it IS the unwri,tcn
Law, as contrsdisi nguished from statute
Law. a gentleman suggests to me that
the Common law mentioned in cur 1tstut.
is merely 10 mark the difference between
our Admiralty and MARITIME iurisdi Sion.
w: usually refer to Engiish authorities
s0T an explanation ofthe techuiesl words
&c borrow from them, and there We end
that the common or unwrilten law il so
called to distinguish it from statute law
AID tbs IS the brosa line laid down by
Virginia herself IN late declaration OF
her legislature drawn up by one of the
greatest statesmen that ever thar or any
other country produced. They declare
that the United States government has no
common lav IlrIs,iGton. all their pow
eFs iAnSt be exercised in virtue Of some
StAtute made under Inc conditions Of the
constitution. In Casting our eyes over
tic constitution VIC ahel not find syl,a-
bic Of the words common Law; the first
time it appears, i; is in the 7th amend
meat relating 10 dc5ta EXCEEDING so dol
lara.
The judiciary biIrefers TO the civil iuris-
dictlon OF these courts in cases between
foreigners and citizens, bat there is no
where 20 be f,u,d a word that gives to he
( Un ted State criminal jurisdict,on at con-
mon Law. Mr.. Chase held this opinion
! hm5elt as ynu hear BIZ the affidavit Of
hr. Read, who observing he attack upon
nudge Chase IN The Wilmington Mirror
/ rciH ded him chat the se,htiop ac( did
not Pr"tecl Tie inGses from lbeIs thsv
had 40 co8riz3ace thereof and il could
$50. bc punished bat ;h!0ugh thz stare
courts. r.y-n IN England ,hey paid re-
s2cct 10 'h.s distinction The Gcst trial
oil klnewick Williams, Commonly called
The minister, for MS sbo'nlnaLie wicked
ness 10 cutting wuW.en as ;hey passed him
~ the street; he was Indicted undsr
parilcu!arsstuIe Judgment, was success
id!iy arrested, though he vzs ssteg yard,
indicted q CANNON la1 Tor assault snd
battery and convicted
TO make ths allegation conform 10 (he
/ f''''~' tSANSi - oAt'htb bc tAtN tiidl AaiiGh
dcr was tried by the common law; w5sre
was the authority al c1n.eaon law? Cal
I lenders Was not CIVIL case, between a
citizen OF another state add himself
no, It was 4 criminal case, under psrli-
cusr statute, and lie Wa tried 81 TIC STA
iU!c law, not by the common law. He
cas coaEcn,e5 IN hi. opinion by the re.
port OF the case, where it appears that
/ such eminent wen a. Mr. Hay and Mr..
Nicholaa, preferred to rely cpon an afida
"; Tor pOitpDnemeut. rather than bring
forward the statute Of Virginia slledged to
be dcci1iyej ;hey you'd shortly leave their
client IN the discretion Of the court, when
they had the strong language Of the law,
that they should not try the cause AZ that
'ine theT talents and vigilance fofbids
US ior moment 10 entertain the idea, that
ihe mater had escaped their notice or re-
collection.
These are the principal reasons which
induce ne 20 vote against tue sixth arti-
Gle nov under consideration.
Ms. }. Randolph said if he agreed In
tie constitution which his friend from
Delaware commended for, Inc would lot be
the las, man to join him sEdinst the a?ti-
Gle. lie would nos support any a4 that
would taYd Il. et,sf..,, 80. Il.