The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-08-06

4 country, intttad of taking up the time Cf IN
cour:, ana creating eXpence by Jury trial; bu
iuch ADVICE, move yer agreeable 10 the coniitu
ton OF our country, would not, admit, a.rc
very wen with the contribution of a lawyer, i
thereby he might occafonaiy lofc large fee
cxtorted from a criminal, fed on the vain hop,
that the e'oquence and chcaaery of his lawye
might procure his acquittal contrary 10 law, s
contrary to evidence.
But couniel may be of fervice to crimina
however guilty he may he, and has duties which
ne may correctly perform; the council may
with propriety avail! the:n.evcs of any defect il
the indictment or other proceedings they NAV
take care that the paine! of jurors are legally
and impartlally returned; they may diied the
priioner as to his challenges TO jurors; they may
take care that no incompetent witneilts are
f'vorn, and that no improper tenimony is Civ
en-; they may in any qucGions of law, not con
iicered iettled, be heard, and have the qneftons
decided; IN tine, they may take care that the
prfoner has a far f/i6i; bnt when all this has
hcen done, 1t agreeably to law, and clear I'M
doubted evidence, the Drii;oner is guilty, it is
the duty of the counfei TO f,ibmit his clients
cafe to the honeft declcn OF the Jury, without
any attempt to maead them: and this, whe; her
the couHtel are appointed by the court or en-
p'oyed by the criminal Tins lawyers in Ma
'yiand are in the habit OF condlu Cling themfeives
| IN iuch cafes, and thus ought lawyers, who ref
| poet themfrives, and have regard for their own
characters, to conduct themielves in all places.
have heard 70 much, MIR. hrelident, in this
cafe. about the contt;tutional rights of C.iff::-
nails to have council; and that the council
ihon!d argue to the jury upon the true con-
itruetion O: the law, againit the direction OF the
court; and, that the jury have the right TO de-
eide the law without regard to fuch d;recton
and finding alto, that this article of i,npeacli-
ment, as well as the arguments in lupport OF II,
appear TO be grounded on theie principes, that
have been a!rno!t induced to fuppo.e | had
mif-read the eighth amended article of the CON
ftltutlon, but OH turning to it, find that the
contribution tecures 10 the criminal the aliitance
or coun!el, to fee that his trial is fairly ard cor
rectly conducted, but has not giycn to the per-
ION charged with an offence, or TO his counir
If he is guilty, any constitutional rights, for Il.
purpoie of his evading punilhment by the iinpo-
ition OF couGfel, either on the court or tLe iu-
r..
Whatever may have been the bratTice I have
ever conhdcrcd 1t contrary TO the dnfy or cour-
lei, either In civil or in criminal Cafes to exert
sheer abilities in attempting to procure 4 deci-
ion, which they are confcious is uniuf. Tie
duty OF alawyer is mott certainly, in every cafe,
to exert himielf in procuring iuitice to I've
done TO his client, but not to fupport him in
| inju'tce.
Having made theft obfelYations on the rcla
tive "ttes OF the court and council, let me al
vert moment TO the conduct of Mr.. Lewis,
as appears from his own tetimony. When NV
honorable client delivered at the Clerk table,
the copy ofthe opinion deiigned for the telen-
bants council, having taken it in bis hand
"ithoat opening it--wthout reading one word
Mr.. Lewis contemporary threw it from
him, publicly declaring that :. he would never
| CODt1inin3te G;e Sy-,I hv rscai,;r, -
Ij"dieated opinion in any cault where be was
concerned, from any judge whatever What
inioience! Would to God no lawyer NAV e.
yer communicate bis band in a more diarocetih
manner, than by receiving therein fsnible,
correct, legal opinion, in caufe about 10 be tri
| ed, at whatever time it may be delivered to
him
He ALTO informs us, that he declared to the
court, that he never had, nor ever wouli 10 far
degrade himietf as lawyer, as to argne olIef-
ton OF law, in criminal cafe, before the court.
what arrogance Sir, the mott eminent, the
mott respectable lawyers both in England and
America, have been in the connant habit, not
only OF arguing quetions Of law in criminal Cd
ies before the court, but in modefly fnbmttipg
to their decllions, without ever confitlering il
AS leheDing their contequence. / have long
been at a lots. iir, FOR the enmity the tate of
Pennsylvania has ihcwn for its bar, and the de-
lire or ITS citizens 10 get rid of their LAWYERS :;
but II ipch is the manner, in which the LAWYERS
conduct themieves to their courts--if thew,
when they are employed in caufe, claim the
constitutional right, uncontrolled by the cour
'nitead OF trrthering iutice, TO pervert it
wonder no longer why the citizens of that ftate
with to be freed from them ; and will readily
ION IN the ientiment, "the fooncr the better"
VIII go further, and fay, ftheir courts fnbrn-s
to iuch conduct, and think themieves bound 70
be the 3aTOe witneffes of fIch peryerfon Of
Juice, IT is not much matter how foon thev NJ
TO get rid oftheir courts, for they might as wen
be without them.
The principles which have been al yoca4ed i,
iupPort OF this article, are fubverlye of tbe
whole order of things intcad Of awvcrs br;n,,
the officers OF the court, fubie6t tn their control
ana a'nenable for the propriety of their cood,,.1
The Judges muft be the mental, degraded inf
ments 9th lawyers, and muR fIit their cor.
dnct, not to propriety and iufice, bur 70 tb,.
P'eaiure of any naughty oyerbearinc lawyer,
policing abilities and popularity, and il,at too
under the hazard of being impeached aud turn.
ed out OF office, if his principles fb3,lld. ON A.
ny location render him re(tiye, or in tbr Ian
guagee, of the te0imony, if he ihould :" take the
And here, Mr. Prefident, hope rhall he in
dulEed with iOme enuuirv as IN tI;. g -: >: