The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-09-03

''s y ot'SbPtoIto tHlpfcis benS. on the
| puh!ic mind, IN eseer ,;SiiE r,arsfa, had In
the very beginrk, violated his duty 60 crafty
he nl'hes of Al opprsiiive government, and
thas ton that puIo'e he had unfairly packed a
jury ! Was r this immediately, was it
nor sieGsned'y PIE. for che purpofe of eyci-
ing pubic mdinaticn (! What was the con-
duct OF the iaupcoanfrl when the court def
tred them TO rouge tn writing the q,teiijons
lthey meant to topound to Col. TayiaSisaa9 bey
aave declared fhey heffated whetlX1 they
! would 90 IL; ad before they did corapIY as iei,
J the courts diTe4on, they made diroa effort
10 hold uptoth bye-fanders that the court was
I acting with cpPtfon and partaiity TO the pre-
]maiee OF Cailencr, by importing on his ccunfel
aia,cuities and TpoGtions which the court had
notlmpoisd opotthcronnfe. ;or, the profecution!
Whereas in iaS,he council for the prosscution
hac fairly ftated We sef cpcsv be meant to Of
fer. before he pioS ,esd ais u;tseiias. having no
e'ei're TINT tie iu'v hou!d be firprifed with
improper eyfence--wncreas the Council for
tsisrderssised - Nave ,Sit.si5es exarai,is,i TO
RE Jury, w,thout the lsaG previous Gifc:otirre
to thejnr or court, fthe, evidence meant by
tnem 70 bcgivep {; NOT evidently that they
might have teH;nIony Illegal thus i.npofed upon
them; and becaufe they were bv the correct
interpretation ofthe co,i't tfeateG in this Object,
they could not content sveS 10 let this ati of
the court pats. without dsea attempt 70 i'm
preis upon the bye-fandera that il was ano-
thsr inltahce OF the unfair an. oppreffive con-
dnst CT the court, which ouglt 10 excite their
tintignation ! And here LET TIN honorable court
remember that Calender. in lis Project Be-
fore Us. had in the mof folensnanner appeal
ca tothe fate of Virginia, that L ertr the time
mould come, when the government OF the u.
oiates mould attempt TO p,ofecnte him and
| MAKE nm victim under the iodition law, that
tate was bound under every primo ipie ofiniersil
OF juisice, and ofthe cldirI,s ,.ehsd upon them.
TO come forward. aud af al yi}aues and 6y ali
means to prote6i him. Is there not fir, great
| reaion to believe, that the ob;ed of council
was to itcond tbs appea. 70 made by Calender,
and to induce The people of Virginia TO come
forward to vether client fron, the pretend.
ed oPpreiiion of governrnent---;o relcue lin
! from their fanes
One OF the gentlemen who was council far
Calender, has tollus, that whenever proGccu-
non mould oe attempted under the fedition law
he mao formed the determination 10 come for
ward to prove IFS confitutionalty. That in
contequence of thisdeterniaation in C's cafe, &
0N.r 10 atpurpot, he lid appear in order 10
areueits unconfiitttionsiity. He has told us
further, that he had no hopes of convincing the
court, and fcarcelythe fainteft expectation of
inducing the jury ~ believe, that the fedition
Jaw was unconf'il'innal int yet that he
@Hhed to argue the auction, with The
view OF making proper impreiiion upon the
pubic mind! and vet be has difcioIcd upon
bis oath. that when the ,cour. has charged him
with willing to addrefs himfclf to and to be
heard by the court, and did not viii, to he
heard by The jury add by the bye-Aandrrs {
v~hen at The fame time he knew he coud not be
heard by The conrt, without ALTO being heard
iDy the Jury and the fYe-RanSers, unlefs they
had all been, thing unknown. fent out of the
| or at lie IIy
tier ears auffed with cotton, or filed with
wax and yet the fame gentleman on oath.
not"ithti anding that declaration, that il was
his chief almoft bis fa'e Object upon that fub.
ljcct, to be heard by the bye-fanders, and on
them 70 make proper imprcilions What bare.
faced what uneguaed hypocrify doth he ad.
NIT ne Pratbted on thai location What eyre
SicIs til'iing with The court ! But, 7 wouId
liE TINS honorable court, what were the innpref
hons which Mr.. Fay was fb foicitous TO make
on the people Was It merely to convince
then, that the fditidn law was unconNitut;onaI
| ana Ought not to be enforced /? Had not the
| ieg,natnre OF his fatF fame time before announ-
Geo ms law was ,:nfoDaita;ioual, and deliruc-
| i've 70 hperty! Had !hey not circulated the
RECOMMENDATION Throughout every part of their
| own nate and iert Il to every Legislature in
ne UNION! Do not let me here be undertood
TO cen!ure that Memorable body, or to ouefion
tne Proprety Of heir conduct, or the reclitucie.
OF their motives far re It from me to doubt
! mat they honefiybelicved The law to be uncon-
ultptona', ard frHlght with all the evils which
they iuggeited wculd flow from its execution ::
ana therefore they thoughtita facred dutytoa6t
s.tncy dd. ] am not in the habit of aueaion-
ing the motives which Influence public or pri-
vate bodies: it my duty 10 leave that auction
10 'ner own ccnf'iences and to their God: /
myiya yisw themin the moff favourable light /:
Only mean to Gate as fa$f, 4 tranfaStion of no.
ItoTety; hHi cspi po6ioiy be ftrppofed after
to's, the people of Virginia wanted a fpeech
ffom MIR, Hay to induce them to confider the
iesltion law rs uucoDititptonsl or could he ex.
peel that thofe yhndouhted aiier being 70 well
acquainted with tho feuiiments and conduct of
tho,r legislature, would be made sen.erse by, n
| NY thng they ihould near from him ! No, Cir,
| no Iperon can think it. What was then his mo-
| i've WASH not 10 ippreis ON the people,
that, not only az unconstitutional, opprciIive
lazy, Yves about TO be. enforced, but ALTO that
! TIC court IN order. 70 enforce il. tvas afinc in
the fnoh unfair and opprcIiiye manner, as W fl;
! as he marihll and thereby 10 inHsme the re-
ieptment and indignation ofthe populace aeainl,
the court vii! not fsy that be really wif,ed
10 taF 70 have excited their violence againff nv
honorable client, az to have cntlangeredbis life
but IT isimpofiihle that aiould doubt bit that
At would have given him pleafure, that their vi.