Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-03-20


generous spirit of our Itstitutions to lea
to the side of an unhappy fellow creature
put in jeopardy, Of limb, or life, or Iiber
~ The free principles Of our govern
.ments, individual and federal, teach
as to make every humane allowance il
his favor, 10 grant him with a liberali
ty unknown 10 the narrow and tyraunou.
maxiins of most nations, every indulgence
not inconsistent with the due admini.tra
ton OF justice. Henee, greater Latitude
IS allowed to the accused, than is permit.
ted 10 the prosecutor. The jury, upon
whose event it is staked, are presumed 10
be men capable OF Understanding wha,
they are called upon to decide, and the
attorney for the state, a gentleman learn.
ed IN his profession, capable of detecting
aud exposing the attempts Of the opposite
counsel to mislead aud deceive. There
IS moreover a court, 10 which in case o.
difficulty, recourse might be had. Blu
what indeed is The difficulty arising from
the law in criminal cases, for the mos
part! What is to hinder an homes, iurj
from deciding, especially after the aid o
an able discussion, whether such an &C
was killing with malice prepensc, a
such other overt acts set forth in an ia
dictment, constituted leyying of war a,
gainst the United States--and 10 what
purpose has treason been defined by The
constitution itself, if or-rhrsring arbitra.
ry Judges as permitted to establish among
us the odious and dangerous doctrine ol
constructive treason The acts of con-
gress which had been referred to on the
former trial, but which The respondent
said he would not suffer To be cited again,
tended TO shew that The offence commit
ted by Fries did not amount 10 treason.
That it was mlsdcmeanor, only, already
provided for by law and punishable with
fine and The respondent
indeed denies this part ofthe charge, but
he justities ii even Gas he says) il it be
proved upon him. And are the laws OF
our own country Gas well as foreign au;ho.
rities) not TO be suffered to be read in our
courts, in justification ola man whose lie
is put in jeopardy.
will now proceed to the second ar
iiclc--the case Of Basset, whose oblccii-'
ons to serve on Callender's jury were a.
verruled by the judge, WHO stands arraign-
ed before this honorabl. court. In the
9th page Of the respondents answer it is
stated, that a new trial was granted to
Fries, " ufon the ground as lhis reshondent
understood and 6cieves) fiiat one Of fhe ju.
rors, after h- svas summoned. but before nc
zuGs ssporn, had made some declaration n'./a-
vord5lefo the fir1scner." II will be remem.
bered tina. both the trials OF Fries proceed
ed that of Calender. Upon what princi-
pie then could the respondent declare Bias.
set good luryman, when he was apprized
of the previous decision in the case oil
Fries, by his brother Judge, whom he pro-
fesses to hold in such high reverence, and
by whose decision, on his own principles,
he must have held himself bound For
surely the same exception TO a iuryman,
which would furnish ground for new I'll.
al, ought to be cause of setting aside such
Juror, If il be taken, previous TO his beng
sworn
From The respondents own shelving
page 81, of the answer il appears, that
The question put to the jurym-n general
", aud TO Basset among others, was, whr-
lherthey had formed aad delivered any
opinion upon the subject mater then O
be tried, or concerning the charges CO a.
tanned in the indictment" And here ie,
me refer the court to the question which
the respondent put to the jurors in ,be
case of Fries, Up. 241- 1t was, " wlIe.br,
they had ever formed or delivered any o
pinion as to his guilt or innocence. :, or tha
he ought to be punished!" How is thi
departure from the respond ent's ow,
practice, this inconsistency with himsel
TO be reconciIedl In the one case III
question is pat in the distinctive " hav
you formed or delivered :" In the other
is in the conlunctive, formed and del
vered !" besides other material differenc
in the terms and import ofthe two ques,
ons. Whereforc,I repeat, this contradie,
on Of himselfl But, MIR. President, y
shall be prepared to prove that The wor,