Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1805-02-16

Try, i'll 6adins proper iirit,. The law has
thrreforc s,iaoiished dxei aud general
rule on ,his subject, calculated not TO graf.
iiy sas wishes or the unreasoalb scraple,
oijurors, b1:o secure TO tbs party aecua-
ei, rs far as ia the imperteetiaa Of human
nature it can B.: secured, FAIR sad lmPar.
tial trial. Tbs criterion established BY tais
rule is, that the Juror STANDS inllffsreas
bstween tia soverumeat and person accui'
ed, as to the matter il issYs, on the iadict.
ment.' This indifference is always, &C
ccrdins 70 viii xnowa 'naxim OF Law, TO
be presumed, unNss the con ra"y appear !;
-aad ,he con:rary may be astsdssa ., way
CT excuse by ths imor hI>n>e't nr by
the prisoaerhy way OF Challenge. Ev-n II
not aAeased, it may be enqa:r-i :oto by
The coGrt OF It's own mere melton, or on
the suggestion Of the prisoner, aud II
,ay BE- es,ablisht by tie confession of
the Juror himself, 90 oath, OF g. sthcs ties.
unoNy.
l3as Ia or;.,'r 70 sh:w mat juror does
NOT stan lnli,s-ren. oe'weea the accu-
scr & re agcu:esl, as % M matter knfssne,'
* is aot saiic:en, IN prove chat &c has tx-
pressed g-Hrral "p'rion, That such an
o4cucc As t>ss cAar5e.!, by 'ae in1lct-
ment Ought to ',e punished :" or "tnat
the parry accused, II gully OF the offence
ckzrged agarssH,m ought to be parish.
ell y. or that oous, Tor printing AMI
publishing which the party is INDICTED,
comes WITHIN the law on wa!ch the inlict.
ment is founded" All these are general
expressions IF opinion, as 10 the crlmlna.
lily OF an act OF walch the party is accused
s. Of which he may be guilty; not declara.
tons Of az opinion that ne actually is gull
" Of the offence with which he stands
charged. 1t i, impossible for any man in
society to avoid having, and extremely
difficult for him to avoid expressing an OPT.
MON, as to .hs criminalty or innocence of
those acts, which for the most part, are
the Subjects Of indictments for offences OF
public nature such as treason, sed!,ion,
and ibcls against the government. Such
acts always engage public attention, and
become ,!,e SUB jet Of public conversation;
and if to have formed or expressed an
opiaon, as to the general nature of those
acts, were sufficient ground OF challenge
to ioror, when ak dyed against him, Or
of excuse from serving *aes al'cdged by
himself, it would b. ia The power Of al.
most every offender, to prevent a jury
from being impannelled to ,ry him, ADD Of
almost every mon. to exempt hima,' t. IN
the liz pleasant task Of serving On such jr-
ties. The magnitude and hSinous pa.u,e
% an o,afetce, would sivsit greater ten.
deucy to ;t.-sc, pualie attention, ard TO
draw forth public expressions OF ,nlgna
tioa and wchd thusencrease its chance
of impanity.
To the presen, case tbs reasoning az.
plies, wi,h peculiar foce. The 6 Pros
pecs before u.s. is a libel SO ,pryai g.te AID
a,rocious, that il exci;ea Disgust ana H.
dicua;ion in every breast GOT wholly DE-
pravrd. Even these whose interest II ".
intended To promo,e, WEE, assth!s res.>1n.
deaf has understood ana believes, esther
so much ashamed ciit,rs,s SO aRprehenslve
of its csa:ct7, tina, great pans were taken
bv them TO Withdraw it from iIubsie ard
@ asr..i si ,uIa,:oa.' Ofsaeh a publication,
il ,..ueL have been extremely d.iHcuk 10 aal
: nra.. of sufficient character and nlnrma.
usa o serve on jary, w5n had not tom.
&c n epin,on, tinsr rom his eva SaoN-
ledge, or from rsPort.a The Jafor N tae
present case had expressed ro"riaion. he
had iarmed 10 op,lirn as 20 Inc h''s'--
He had acscr seen 49, ".rfosfec' "tl"sc
Us" and therefor. GO ID Laws 10: "sd 20
fixed or certain opinion about rs nature or
eonrcn,s. They hid been Exported 20 hIa',
anu ae had FOR an oP,,.ion that It '''ry
wer. such as ?, oer,ed. the bonk was with
in the scope ard operation CT ias Tor the
puni,hyus,,t Of 'faisc, sc..ndalsus and ma
i!aloss h5ls, against the president n ms
oiScia, oapsc;,v. written or pubi,shed. with
in,eal to dctame hia,.' And WHO IS
there, that having -ithcr seen ths book or
heard Of, had no, necessarily foi med the
same opinion.
But this juror had ormed nc opinion a