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

by force or violence, under any prctcnCS Wt'lt-
ever, the execution of any R'tute of the United
States, for levying or collecting taxes, or for any
other object of general or national concern.
is levying war againft the United States within
the contemplation and true meaning of the con-
ftitution Of the United States,' is legal and
correct opinion, iupPorted not only by the two
previous decfons above mentioned, but ALTO by
the planet principles of law and reaton, ard
| by the uniform tenor OF legal adiudicdtiors In
England and Great-Britain, from the revolution
| in 1858 to this time. 1t ever was, and now is
his opinion, that the peace and tafety of thena-
| tional federal government, muit be endangered
by any other contraction of the terms &c levy
ing war againft the United States" uled by the
| federal contribution; and he is confident tkat
no Judge OF the federal government, no Judge of
a hyperion fate court, nor any gentleman of et-
tabliIhed reputation for legal knowledge, would
or could deliberately give contrary opinion.
| If however this opinion were erroneous, this
Respondent would be far lefs ccnfurable than
his predecefors, by whole example he WAS led
ARRAY, and by whole authority he conGidcred
himielf bound. Was it an error to conlider
himfelf bound by the authority of their prcvi.
Gus deciiions? II it were, he was led in to the
error by the uniform courfe of judicial proceed
ings, in this country and in England, and is iip-
ported in it, by one of the Fundamental princi-
Piles of our juriiprudencc. Can fuch an error
be crime er mifdemcanor?
| If, on the other hand, the opinion I've in i.felf
correct, as he believes and iu!ifs that it is,
could the exprellion of correct opinion ON the
law, wherever and however made, milead the
Jury, infringe their rights. or give An improper
| bias to their Judgment Could truth excite i'm
proper prejudice Could the jury be lefs pre-
pared to hear the law difcuned, and TO decide
on it correctly, becaufe it was correctly Aated
to them by the court And is not that new
kind of offence, in this country at leaf, which
confRs in telling the truth, and giving a correct
expedition ofthe law?
| As to the fecond fpecifc charge adduced in
fupport of the tirf article of impeachment,
which accufcs this rcfpondent, "of retriGling
the council for the iaid Fries, from recurring to
iuch Engllih authorities as they believed apo
tite, or from citing certain atutes of the United
States, which they deemed ilufrative oe the
petitions upon which they intended to ref the
defence of their Client" this refpcndent admits
that he did, on the above mentioned trial, ex-
prefs it as his opinion to the aforefaid council
for the prifoner,.' that the deciionS in England,
in cafes of indictments for treafon at common
law, againf the perfon of the king, ought not
to be read TO the jury, on trials for treafon un-
der the contribution and ftatutcs of tse United
States ;becau!e fuch dec;ions could not inform
but might miflcad and deceive the Jury that
any dechons or cafes of treafon, in the courts
of England, before the revolution of 1888,
ought to have very little Influence in the courts
of the United States that he would permit de
cifons in the coerts of England or of Great Bril-
tain, lince the fsid revolution TO be read to the
court or jury, for the purpofc of ibewing what
acts have been confdered by thefe courts as a
conftruGtive levying of war againlt the king of
that country, in his regal capacity, but not a.
ganf his perfOn bccaufc levying war againft
! bis government, was of the fame nature as levy
ing war againf tie .gozeyvn,ent Of the United
States : but that fuch deciions, nevertheless,
were not to be con6dered authorities bind
ing on the courts and juries OF this country, but
merely in the light of opinions entitled to great
refpeet as having been delivered after full conf
deration, by men of great legal learning and
ability"
Thefe are the opinions which he did, on
that occalion, deliver to the council for the pri
iorer, and which he then thought, and fill
thinks, it was his duty to deliver. The coun-
tellors admitted to practice in any court of iuf-
tice, are in his opinion, and according TO uni
verial practice, to be conhdered as officers of
iuch courts and minifters of infficr therein and
as iuch, fubject 10 the direction and control of
the court, as to their conduct in its prefence,
and in conducting the defence of criminals on
trial before it.-As council, they owe TO the
perton accufcd, diligence, fidelity, and fecrecy,
and to the court and jury, due and correct in
formation, according to the bcft ofthei know.
! edge and ability, on every matter of law which
they attempt to adduce in argument. The
court, on the other hand, hath power, and is
bound in duty, TO decide and direct what evil
dence, whether by record or by precedents of
decifons in courts ofiufice, is proper to be
admitted for the eftablfhment of any matter of
law fact. Consequently, fhouId council at
tempt to read to jury, as Il law fill in force,
ftatute which had been repealed, or a decifi-
on which had been reverted, or the judgements
OF courts in counties whole laws have no con-
neetioh with ours, if would be the duty of the
court to interpofe, and prevent fucb an impof-
ton from being pra6tifd on the Jury For
theie reafons, this Respondent thinks that his
conduct was correct, in exprei1ing to the coun-
iel for Fries, the opinions fated above. He is
not bound to- anfyer here for the correctness of
tholc principles, though he thinks them incon-
teit1be (; but merely for the correctness of his
motives in delivering them. A contrary OBI
mon would convert this honorable court, from
court Of impeachment into court of an
peais; and would lead directly to the frange
abturdty, that whenever the Judgment of an
inferior court ibould be reverted on appeal or
icrt OF error, the judges of that court mutt be
convicted of high crimes and mifdcmcanors,
and turned out of office that error in indg-
nent is punifb9hie offence, and that crimes
may be committed without any criminal inten-
tion-Againa doctrine 70 abfurd and milf
chieyous, 70 contrary to every notion of iuftice
hitherto entertained, 70 utterly fubvcrlive ofa