The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-04-13
SATURDAY, February l6.
JOHN MARSHALL, (4vorn.

JOHN MARSHALL, E1corn.
Mr.. Harper. Pleafe to inform this honoura-
bic court whether you did, did not, on the
part Of Col Harvie, make an application for his
diGcharge from the jury ; and on what ground
that application was made.
Mr. Marfhall. / was at the bar when Co I.
Harvie, with whom / was intimately acquaint-
ed, Informed me that he was fummoned on the
Jury. Some conve rfation Pafied, IN which he
exprefed his unwilngnefs TO fcrve, and ftated
that he was an unfit perion for that his mind
was completely made up, that he thought the
Gfedition law unconstitutional, and that what
ever TIE evidence might he, ne Mould find the
traverier not guilty; and requeffed me on that
ground TO apply to the MARTIAL for his difcharge
/ told the MARTIAL that Col. Harvie was ex-
tremey defirous of being discharged, and on
his difcovcring great repugnance to his diff
charge, Informed him that he was predeter-
mined, and that no tefimonv could alter his
opinion The MARTIAL faid that Col. Harvie
might make his eXcnf. to the court he OBJ
ferved that he was watched, and TO prevent any
charge Of improper conduct from being brought
againit him. he Aiould not interfere in difcharg-
ing anv of the jurors who had been fummoned.
informed Col. Harvie Of this conversation, and
it was then agreed, that l lhoud apply to the
court for his difcharge, upon the ground of his
being fheriT Of Henrco county, that his attend
arre was neccfary rs that court was then in
lefion; moved the difcharge of the Juror on
that ground, and he was discharged by the
court.
Mr. Harper. Did you communicate to
iudgc Chaf,. or 70 the court, the reatons which
FRI induced Col. Harve to make this applica-
ton
Mr. Marfhau. only ftated that he was me
riff of tIcnrico coanty, and that it was unufua
to require the attendance of fheriffs on juries.
believe the martial was ut that time obtaining
iurvmen, he had at that time a paper in his
hand, and appeared TO be fetting down the
names of perfons within his view.
Mr. Randolph. Were you in court during
part of the trial, or during the whole of the
trial
Mr.. MaroalI think was there only dur
ing part of the time.
Mr. Randolph. Did YOU obferve any thing
urufual in the mode of condutt. on the part OF
tie counf-l towards the court, or the court to-
wards TIE corrfel, and what |?
Mr. MarhalI. There were feveral circum-
farces that took place on that trial, on the part
both of the bar and the Berch, which do not al
WAYS occur in trials. would probably be bet
ter abe to anfwer the quetion, if it were made
more determinate.
Mr. Randolph. Tier will make the queE
tior more particular by aiking whether the in
than uiua! t.-.
MI. MarfhaIl. The council appeared to me
TO via, to bring before the jury arguments TO
prove tina. the feditior law was unconstitutional
and Mr.. Chafe faid that that was not proper
queHion to go to the jury I; and whenever any.
attemrt was made TO bring that point before
the Jury, the council for the traverfer were top
ped After that there was an argument COM
renced q think by Mr.. Hay, but do not re-
collect poGtively, to prove to the judge that the
opinion which he had given was not correel in
psnt of law, and that the conttitutionality OF
the law ought to 90 before the jury whatever
the argument was which Mr.. Hay advanced,
there was Gonrething in it which Judge Chafe
did not believe to be law, and he topped him
on that point. Mr.. Hay fill went or, and made
fome political obf-rvations Judge Chafe flop
ped him again, and the collfion ended, by Mr..
Hay fitting down, and folding up his papers as
if he intended to retire.
MIR. Randolph. There were many prelimi-
nary auctions, fich as, with refpc6t TO the con-
tinuance of the caufe, the admifIibiIity of tefi-
monv, &c. Did the interruptions take place
on the part of the court only when the council
prefed the point Of the unconhitutioHaty of
the iedtion law!
Mr.. Marfhall. I believe that il was only at
thoft times, but 7 do not recolle6t precifely. ]
do not remember correctly what palIed between
the bench and BAR hut it appeared to me that
whenever Judge Chafe thought the council in
corred in their points, he Immediately told
them 70, and topped them ihor5; but what
were the particular expreflions that he ufed,
nv recollection is too indiftin6t to enable me to
fate precifely; what do Rate is merely from
a general mprcflion which remains on nv mind.
Mr.. Ra1doibb. Was there Any n1ifundgr-
Handing between the counfCl and the court
ard what WIS the caufe Of that mifI1dernand-
ing, or what was your opinion IS TO the caufe,
on did yoi form one :
Mr.. h0,N5aM 1t impoGibIe for me to az
6gn the particular caufe. 1t began carly in The
proceeding and iHcreafsd as the iTial prcgrcfed.
Or the part Of The judge it fcemed to be dif-
gNf with regard 80 the mode adopted by the
traverfer's c0unfr, at lean fpeak as 10 the
part which Mr.. Hay took Gu tie trai, and il
ice roed 20 increafe alfo with him a. he went on
Mr. RaaGoi5b. When the court decided the
TO Mt that the iJr had not right TO decide
pom the ccnftiiu io1aIfv OF A law, did -
"ounNcl fer the traverfer bccin an areumenttes,
: onvince Judge Chale that The Opu..on w..ici