The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-02-19


part of this bis aufwcr. Many OF thotc cauies
had alread, beer fubie6ted TO great delay, and
il was the peculiar duty Of this Respondent, rs
prefiding judge, to take care, that as little time
as poffble ihould BE- numerically coniuned,
and that every convenient and proper dhpatch
fhould DC given to the buhnefs of the citizens
He did believe, that an early communication OF
the courts opinion, might tend 70 the iaVing OF
time, and co.iequently to the difpatch of buff
nefs.
Tbirdly, AS the court held itfelf bound by the
former decifons, and could not therefore alter
its opinion in coufeQuence of any argument
and as it was the duty of the court to charge
the Jury on the law, in all cafes iubmitted TO
their confederation, he knew that this opinion
muft not only be made known at fomc period or
other of the trial, but NUT at the end OF the
trial be expressly delivered to the Jury by him,
in charge from the bench: and he could not
fuppoft and cannot yet imagine, that an opini-
on, which was to be thus folemnly given in
charge to the jury, at the clofc Of the trial,
could make any additional impreliion on their
minds, from the circumstance of its being init
mated to the council before the trial began, in
the hearing Of thofc who might be afterwards
fworn on the jury.
And, aftly, it was then his opinion. and fill
is, that the duty of every court of this coun-
try, and was MS duty on the trial now under
confederation, to guard the jury againft erroue-
ous impreiio3s refpe Cling the laws of the land.
He well knows, that it is the right of jurics in
criminal cafes, to give general verdict of ac-
Quittal, which cannot be itt Aide on account of
its being contrary to law, and that hence retults
the power of iuries, TO decide on the law a.
well as on the facts, in all criminal cafes. This
power he holds to be facred part of ON legal
privileges, which he never has attempted, and
never will attempt TO abrldge or to obitruct.
But he ALTO knows, that in the exerciic of this
power, it is the duty of the jury to govern
themlelves by the laws of the land, over which
they have no difpenfng power; and their right
to expect and receive from the court, all the AZ
fftance which it can give, for rightly under
landing the law, To withhold this afiifancc,
any manner whatever; to forhear to give it
Il that way, which may be mott efcctual for
preferving the jury from error and mifdke !;
would be an abandonment or forgctfunefs of
duty, which no Judge could iuftify 10 his con-
fceRce or to the laws. In this cafe, therefore,
where the qucfion of law ariing on the indiet-
ment, had been finally iettled by authoritative
decihons, it was the duty of the court, and cl-
pecially on this Respondent as prefdng Judge,
early to apprize the council and the jury of
theft decilions and their effect 70 as to fave the
former from the danger of making an improper
attempt, to minead the jury in matter of law,
and the Jury from having their minds pre-occu-
pied by erroneous impref1ions.
Il was for thefe reafons, that on the cad day
of April 1900, when the faid John Fries was
brought into court, and placed in the prifoner's
boy for trial, but before the Petit jury was inn
panel,ed to try him, this Respondent informed
the abcvementiouS William Lewis, one of his
co1nfel, the afore4 lid Alexander james Dallas
not being then in lui &c that the court had
deliberately confidci. the indictment againft
John Fries for treaiou, and the three feveral o.
vert acts of treaiun itated therein: That the
crime of .reaion was defined by the confituti-
on OF the Uaiied States: That as the federal le-
gillature had the power to make, alter, or re-
peal laws, 70 the judiciary only had the power,
and it was their duty, to declare, expound and
interpret the contribution and laws OF the Unit
cd States: That it was the duty of the court,
in all criminal cafes, to fate to the petit Jury,
their opinion of the law arifing on the facts !;
but the jury in all criminal cafes were TO decide
both the law and the facts, on a confederation
of the whole cafe: That there mat be fome
c0nfruEfive expedition OF the terms ufed in the
contribution, Chewing war againf the United
States;" That the queition, what acts amount
:! &c !eII'!as ,a' asa!sa!. the United satcs, Oh
the government thereof, was qucition of law,
and had been decided by judges Patterlon and
Peters, in the cafes Of Vigol and Mitchell, and
by Judges Irede and Peters, in the cafe of John
Fries, prifoEer IT the bar, il April 1899: That
judge Peters remained of the fame opinion.
which he had twice before delivered, and he
this Respondent, on long and great CONFEDERATE
on, concur:ed in the opinion of judges Patter-
fou, Iredel, and Peters: That to prevent IN
necefary delay, and to fave time on the trial of
John Fries, and TO prevent delay OF intice, in
the great number of civil caufss depending for
trial at that term, the court had drawn I'D in
writing, their opinion of the law, arifng on the
overt acts, hatcd in the Indictment againh John
Fries and had directed David Caldwell their
Clerk, to make ont three copies Of their opini-
on, one to be delivered to the attorney OF the
diltritt, one to the council for the prifoner and
oneto the petit jury after they fhould have
been inIpanelIed and heard the indictment read
- them BY tn clerk, and after the difria at
torney fhoud have Rated to them the law on
the overt acts alledged in the indictment, as il
appeared to him"
After thele cbiervations, this rcfpondent de-
Iivered one Of the aforementioned COPIES to
the afofcfaid William Lewis, then attending as
one Of the prifoner's council who read part of
IT., and then laid il down on the tab!s before
hm.--Some obfervatous were then made on
the fibie1 by him and the aforementioned
Alexander James Dallas, who had then come
into court hat this Respondent doth not now
recolie6t thofe obfervations, and cannot under
take to fate them accurately.
And this Respondent further faith, tlst the
paper marked exhibit No. Q, and herewith ex-
hibited, which he prays leave to make part of
this his anfwer, is true copy of the original
D. 4