Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1805-03-15

thought, and still thinks, it was his duty
=, to deliver. The eounsellors, admitted
70 practice in any court Of justice, are,
in his opinion, and according to univer-
sal practice, to be considered a. officers
| ofsnek courts, and ministers ofiustice
therein, and as such subject to the direc-
! ton and control Of the court, as to their
conduct in its presence, and in conduct
ing the defence of criminals on trial be.
fore it. As counsel, they owe to the
person accused, diligence, fidelity, and
secrecy, and to the court and Jury, due
and correct informatior, according to
the best Of their knowledge and ability,
on every matter Of law which they at
tempt to adduce in argument. The
court, on the other hand, hath power,
and is bound in duty, to decide and d.
rect what evidence, whether by record
or by precedents of decisions in courts Of
justice, is proper to be admitted for the
establishment Of any matter Of law O.:
fact. Consequently, should counsel at.
tempt to read to IA jurv,T as law still in
force. a statute which had beenrepealed,
or decision which had been reversed,
or the judgments OF courts in countries
whose laws have no connection with
ours, it would be the duty of the court
to interpOse, and prevent such an impo-
si,'on from being prsctised on the jury.
For these reasons, this responde n,
thinks that his conduct vas correct, in
expressing to the counsel for Fries, the
opinions stated above, he is net bound
! to answer here for the correctness of his
motives in delivering them. A contra
~ opinion would tonvcrt this honouraiIte
court, from court ofimpeachment into
acourt. of Appeals; and would lead di-
| reetly y the strange absurdity, that when
ever the judgment Of an inferior Court
should bs reversed on appeal or VII. Of
error, he judges of that court must be
convictEd Of high crimes and misde.
meanot, and turned out Of Office; that
an errof in judgment is punishable Of
fence, ind that high crimes may be COM
united without any criminal intention.
Against a doctrine 90 absurd and mis-
chievous, so contrary to every notion of
justice hitherto entertained, 30 utterly
subvasive Of all that part Of our sy.,e m
OF jurisprudence which has been wisely
and hhmanelV established for the pro-
tection of innocence, this respondent
deems It his duty now, and on every FIT |
occasion, to enter his protest and lift up
his voice; and he trusts in the diseh2+ge |
Of his duty, infinitely more important
to HIS country than to himself, he shall |
Ind appreciation and support in the heart
OF every American, of every man |
throughout the world who know. the
blessings Of civil liberty, or respect the
principles Of universal Justice.
1t Is only then, for the correctness Of |
his motives. in delivering these opinions,
that he can now be called TO answer add I
this correctness ought to be presumed,
unless the eensrarv xFPear BY ONE direct
proof, or bv >0me violent presumption,
arising from his Sen-ral cvndast on the
trial, or from the g.Aring iMpropriety Of
the opinion itself. For he admits that
cases may be supposed, OF an opinion de-
Iivered BY ajudge, SO p.lpsbly errone-
Gus: unjust and oppressive, as to pre-
Glade the possibility Of its having pro.
ceeded from ignorance or mistake.
Do the opinions now under conside-
ration bear any Of these marks! This
court need not be informed
that there has existed in England, no
such thing as treason At common law,
since the wear 1850, when the statute of
The 25th Edward III, chap. 2. declaring
what alone should, in future be Judged
reason, was passed 1t is perfectly
.iear that decisions made be fore that sta
ute, $50 wears ago, when England, to-
s=ther with the rest OF Europe, was stin
wrapped in the deepest gloom of ipno.
rance and harbArism when the system
OF English Jurisprudence was still in its
infancy when law, justice and reason,
we're Perpetually trampled under foot BY
leudal oppression and feudAl anarchy.
when, under an able and vigorous mon