Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1805-03-22

A. 70 car,v with i, internal ee'nente {!
corrup, motives, ne cannot III "s'''c'-
ing it have .onmittedsn e'ten1e'
his memorable court need not oe m
formed. :has it is he duty q courts ON-
fore h;~n criminal ,.iais take place, to
proven, juror. from being excused 'oF
light anu Insufficient causes. Nth''Fuie
were not observed, would follow, mat
as serving en- such trials as a Juror, HaPe
to be very disagreeable business s'Pe-
ci.Il, to these best qualified Tor 1t, there
wo,.i1 be great difficulty, and often An
impossibi!i.v, in finding PREFER Jur'es.
The law aas therefore established txea'
aud general rule on this subject, Catcu-
late not to CRAFTY the wishes or the W.
reasonable scrup!es Of jurors, but to Sc
cure 70 the party accused, as Tar as III the
impcr!ettion OF human nature can be Sc
cured, affair aud impartial "IAi' he
criterion established bl this rul,lS, "shat
the Juror stand, inIIfercn, between the
gcvt rnment aud the person aocused, as
10 the matter in issue on the InuIttmcnt."
This indifference is always, atIUtLIng
to ell known maxim oflAW, to EsEre-
suned, unless the contrar! appear and
the contrary may be atlt grd by way uf
excuse by the juror himself, Or b, the
prisoner bv way OF chAtl. ngc/ EH>n if
t"t alleged i, NAV he eLquiryu into b> the
cou,, II its own mere motion, or on .he
Suggestion "t the pti.ongr, AnG it MAY be
e,;N.. six u BY the con: fssion Of The uDor
himself, ON cab, on ty other teAun.o-
nv.
BQs ia order toIIhow that a juror does
not stand in4t2ersn, Lt;w can the &C
cuser ami The at, used, as 10 fhesnat:er
IN issue" II is moi sufficient 10 prove
that he has expressed general opinion,
that s,Gh an offence gL that lha, ged in
the indy t"ent ought to be punished )"
or "tha, the party accused, il guilty el
the oasHte charged against him, ought
to/he pAnithed )" or ",hat nook, tor
printing and publishing which the party
is indicted, comes within the law on
~hlca the inui otrnent is founded" All
these arc general expressions OF OPT
MON, as to the oriminA!l,v Of an act Of
wh!ln inc party is accused and Of which
ne .r1yLr guilty not dettxr Ations OF an
oli1 en- that he actually is guilty of the
C.'e.cc ct which he stands charged. 1t.
Is Impossible tor any man in society to
a. OH hAN ing, and eNutm, " d. Al ult Tor
Ian 70 avoid expressing, an opinion, az
:" the Gull, O. lnacvtnts OF those acts,
which Ter the most Patt7 arc tn, subjects
o, indictments for offence of public ma
trrS; s'Ih as treason, seditiun, and lie
be'S aga'sItth the govesrmert. Such a. t.
always engage the pubic att, ntion, md
become thsPaubjett Of public CONVEX .ari-
on and ii TO have formed or expressed
An opinion, .1to the general nature Of
those acts, were sufficient ground Of
challenge to juror, VIII, n ale gcd AGAINST
him, or Of excuse trsm serving hen al
leg>a ov himself, it would be in the
power Of almost every offender, to pre-.
venta iary from being impAnnel!ed to try
him, and Of almost every man, 10 ex-
empt himself from the unpleasant task Of
serving on such juries. The magnitude
and h'inouS nature of an offence, would
give 1t greater tendency 70 attract pub.
he attention, and to draw. -Esrth public
expressions ct Indignation and would
thus increase ita chance OF impunity.
10 the present case ,hh reasoning ap-
plies with peculiar force. The Pros
rect Before Us" is libel SO ptoflixate
and a,rocioa', that it excited disgust and
Indignation in every breast not wholly
dePraved. Even those who's. interest
1t was intended to promote, were, as
this respondent ha. understood and be-
llesc., either so much ashamed oft, or
so apPr'hensive of its effects, that Srea,
Pai"I were taken by the m to withdraw it
from public and general circulation. OF
such publication, it must have beca
extrsnelv difficult to 6nd man OF sutFi-
c'cnt character and information to serve
on 4 Jury, who had not formed an opini-
on, either from his own lnowIedns or