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

ny cate perton Is acquitted, when the facts ar
clearly proved, and the aw is aga;aR him, i
mutt be becauie ne has had a partial not an in
bariid trial.
again ak, fir, ought the court, who wer,
perfectly fatisfed with refpect TO the law, and
who coniidered it fetted by previous decilions
in which they perfectly concurrcd, to have wait
ed perhaps feverai days of the public time be
fore they gave their opinion, in tcn;ng tc
Melirs. Lewis and Dallas, exertins all the pow.
crs of eloquence and of fophitry to miilead then
judgment? Nor did even Judge Chaie give biz
opinion without the full confederation Of the ar
guments Of each of thefe gentlemen, in the very
cafe Of Fries. On his arrival, it is admitted by
the managers, that he became perfectly ac-
qnainted with the proceedings in the former ri
al, as to the legal quettions which had occurred,
from the notes of judge Peters and of the diff
triet attorney; and this honorable court have
had an opportunity of witnefling with what
preciiiou that gentleman takes down the iuh-
Rance OF proceedings on trial. Judge Chafe
had an opportunity Of examining and confider-
ing the arguments ufed by Meilrs Lewis and
Dallas, at the former trial, the different legal
qaeftions then brought forward, authorities pro-
duced, and the applicability of thote au,hori-
ties. He there faw every thing that the great
legal knowledge and high talents of thofe gem
tlemen, INDUCED to the utmof extent, & heard
will, the greatef patience, had produced in ia
YOUR of Fries. And he had the opportunity of
calmly and deliberately conhderipg the whole
OF theie arguments and authorities in his cham
her. And having done this, where would be
the proprIety OF ipending day after day in lit
ening to the lame arguments orally repeated in
court, which he had read in his clofet, the me-
rit of which he had there coolly difcu.Ied, and
deliberately decided
But the managers fay that this ought to have
l. 4 n
doubt of the law and, although it is not con-
tended but that the opinion given is correct, yet
it was the laty of the court TO have patiently
liitened to the council, and FILTERED them to ex-
ert all Their eloqnence, their Ingenuity and TO-
phitry, cpervert their Judgment, & lead them
into error, to prevail over their understanding,
and Obtain from them an erroneous opinion.
And yet IN the fame breath, we are told by one
of the honourable managers, (Mr. CamcbelN
that if judge gives an erroneous opinion, the
presumption is, that he doth it from corrupt s,
crimin'l motives; and that on impeachment,
1t IS neceilary that he thould prove the upright
ncfs and integrity of his Intentions
Thus. then, they Unfit, that If Judge, intel
ligent, fenhble, well acquainted with the law,
doth not indulge counfel in their attempt to
lead him into error, he is TO be impeached for
1T. And, II the judge thouid liiten to council
asainit his well formed opinion, and by their in
Senuity be led to give up his better Judgment,
and pronounce an erroneous opinion, he is to
be iupeached for thar alto
Nay, it is expressly iaid, that the more com
pletcly the law is contidercd to be fettied, the
more absolutely neceilary it is that the crimi-
nai Council mould be permitted to argue the
law to the court, aud to contend againit the law
10 i1ttled. Thus, then, fuppofe, if a perfon is
tried for an ailault AVID battery, the prfoper's
council mutt be INDUCED by the court, aad that
underPan ofimpeachment, in fpending as much
time as they plea!e, in endeavouring to convince
the court, that to come up behind an innocent,
inofienhve man, and fracture his hull with
budgeon, doth not amount to an ailault and
battery or, If perion is tried for burglary,
his council mutt alto, under the fame penalty, be
INDUCED in the endeavour TO convince the court
that to break into dwelling houfe in the night
time, and teal therefrom is not the offence of
burglary.
But the honorable managers do not TOP e.
ven here. They lay, that even had Judge Chafe
INDUCED the council Of Fries with all the length
of time they might think proper, in an endea-
your to pervert the judgment of the court, and
their endeavour had proved unfuccelsful, the
court was further under pain Of impeachment,
after they bad correctly declared the law to the
jury, TO futier the council to take up as much
more time as they pIeafed, in endeayourng to
miilead the jury, by impudently and nfolently,
III the face OF the court, attempting to impress
them with the idea that the court, though a6t-
ing under iolemn oath, and having no intereft
TO mlilead them, had given an erroneous opini
mon; and, to induce them TO receive the law
from the council themfelvea, acting under iimi-
lar obligations, but whole fame and whole for
tunes might be materially benefited by deceivine
the jGry,-from counfel whole every intereG
might be to pervert juftice.
All which indulgence, the court, it (eems. is
ALTO equally bound to give to the council in en-
deavourlng to mi0ead the jury, and pervert iuC
tee, in the cafes have before mentioned of az
FAULT and battery, or burglary, or in reality, of
any other offence, however inconteRible the
principles of law in fuch cafes may b.. Such
are the constitutional rights, which criminals &
their council, we are told, poiiefs the conti
tuional right, if poiiible, to impofs upon the
court and, if they fail there, the constitutional
right to iinpofe upon the jury; in other words,
the contributions! right to berUerf uaiee!
Nay, we are told the more manifeR the guiIt.
the more indi!Putably criminal the offence &C.
the more neceiiary that he Giould enjoy theft
constitutional rights; and 10 it would be-, if the
contribution intended, as Teens to be the idea of
The managers, that guilt ihouid go unpunifhed
iince iuch offenders can have no chance TO eC
cape, unleis Juice be perverted, through the
I'M, s..,afs &c a..