Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-03-02
(Yo be con,i-usd. }

u y.
TO be contracted.
fIGH COURT OF Li1PE.lcif.ilE.vf 4.
7,ie -dasEper and Pleas Of .Saairrl Case.
Il Continued.
Ifhowever this opinion were erroneous,
this respondent would be fer less censur-
able than his predecessors, by whose cx-
a'eplc he was led as,ray, and by whose
fautnprity he considered himself bound.
Was It an error 10 consider himself bound
BY the authority of their previous dscisi.
ons Ii il werc, h WAS led INTO the error
~ The upitDrm course OF judicial proceed
ings, IN this country and IN England, and
1 IS supported in i, by one Of the fundamen
tai principles vi our Jurisprudence. Can
| such an error be q criEl= or misdemeaI-
I or!
! If on the other hand, the opinion be in
itself correct, as he b-ji-ves and insists
that ir is, could The expression of correct
opinion OIL the la1, wherever and howe
yer made, rnislead the jury, i,friuge sher
! rights, or give an Improper bias 10 their
Judgment? Could tfaIh excite. Improper
prejudics! CDuid the jury &c less ,n'epar-
ed TO hear The lay diocusse,i, and 10 de-
| ~ stated To- tnem 10y the court ! And is
not that anew kind oi offence, i. dos coun-
Try IL least, which consists in telling the
truth aud giving = cosrect exposition of
the law.
As 20 the second specific charge adduc-
ed in support OF the frs, article OF inn
parchment, which accuses ,his respond
ent, " Of restricting the counsel for the
said Fries, from recurring to suci. Isog!.s,,
authorities as they believed appoqite, OF
lcom ciiing certain statutes OF ilIe United
States, wh.ch they deemed iilassra I've o
:, The POSITIONS upon wl,ics they Intended C
= rest the defence oftheir clicn.," this re-
= sPondent adu,its that he d d, on The aboy,
> mentioned tsral, express il as his opinion Il
eiie Aforesaid counsel Inr, lie prisoner, thu
. the decisions Eag.sn3, in cases of,ndics
: Inrn.s Tor treason :, common lay, against
Z The person OF the king, ough, no, 10 be
read 10 the JUICY, Oh t,ials for treason
= uader The constitution and Statutes Of the
: UDi,ed States Lecause such decisions
coulanot inform, bas might nislead and
: deceive the jury; that any decisions on
, cases OF treason. in the courts OF England
. before Tie revolution Of 1893, ought 10
> have very little influence in the courts oi
Il the United States; that he woa.d per9n,
a decisions in Tie courts of Eagland or of
> Great Britain, since the said revolution.
, 10 be read 10 the court or Jury, for The
purpose OF showing what acts have been
considered by these courts, as conslr,,c
live lsvying OF war against the king Of that
country, in his regal capacity, bul not A
gainst his persoB because Lowing war
against his gcsrJn7,ent, was Of The same
nature as levylng war against The ge0ern-
nr1nf Of The United yates: but that SUCH
decisions, nevertbe'e,s were not 10 be con-
sideredas authorities binding on the courts
and lnries OF this country, but merely IN
r the light Of opinions entitled TO great re-
specl as having been delivered after fol,
consideration, by men OF great legal learn.
!. log aid ability.
These are the opinions which ne did.
on that occasion, deliver 70 the counsel for
the prisoner, and which he tlisn thought.
ADD still thinks, twas his daty 70 deliver.
The covnselioss admitted 10 practice IN
any court OF justice, are, in his oDiniop.
and according 70 universal practice. IN ne
considered as officers of such cour,e and
ministers OF justice therein and as such.
! subject to tho direction aud control Of the
, court, as to their conduct in lis presence,
! and IN conducting the defence of crirni.
nails on trial before it.--As counsel. thev
owe the person accused, diligence, fdeli-
|. ty, aud secrecy, and TO the court and IN.
ry, due and correct information, accoSd
: ing TO the best Of their knowledge and a.
bility, on every mater Of law which they
: attempt to adducs in argument. Tbe
court, on the other hand, hath bower. and
is bound in duty, to decide and direea what
evidence, whether by record or by precc-
dents OF d. cisions in courts Of ias,ice, Is
proper "a be admitted for The establish
meDt Of any matter of law or fael. Con-
| ssqaeatIy, shcdld counsel al,emp. TO read