Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-03-20

td,ion' Levying war against the United
States, or adhering to their enemies, Civ
ing them aid and comfort. What is muir
deri Killing with malice aforethought, a
definition at least as simple and plain as
the other. And because what constitutes
murder has been established and settled
through long succession Of ages s adiu.
dications, has any judge for that reason,
been ever daring enough to assert that
counsel should be precIuded from endea-
voring to convince the Jury that the overt
act charged in the indictment, did not "a
mount TO murder! Is q coort authorised
to say that because killing with delibe-
rate malice is murder, therefore the act
of killing admitted by the prisoners coun.
sci, or established by evidence, was killing
with malice prepense, and did constitute
murder. venture to say, that an instance
cannot be adduced, familiar as the defini-
ton of murder is even to the. most iEno-
rant, numerous as have been the convic-
tons for that atrocious crime, where coun.
sci have been deprived of their uhques,i-
enable right TO address the Jury on the law,
as we'll as on the fact. Mach less can an in
stance be produced in any trial for a capt.
tai offence, where they have found them
selves anticipated in the question OF law
by written opinion, to be taken by the ia.
ry out ofcourt, as the land m ark by which
their verdict was to be directed. have
always understood that even in civil case,
when the jury carried out with them a
written paper. relating to the matter in is
sue, and which was not offered, or permit.
to be given in evidence to them, il was
sufficient to vitiate their verdict, and
good ground FOR new trial. This written
opinion of the court, delivered previous
to, a hearing of the cause, is a novelty to
our laws and usagrs. Il wouIdb be repre-
hensible in any case; but in criminal
prosecution for a capital offence, and that
offence frerson, (where above ell, oppres.
sion and arbitrary proceedings on the part
OF courts are most to be dreaded and
guarded against) it cannt be too strongly
reprobated; or too severely punished.
What would he said of Judge who in
atrial for murder, where the facts were
admitted Tor proved) should declare from
the bench that whatever Argument coun-
sci had to offer in relation to the facts,
may be addressed to the Jury, but that
they should not attempt TO convince the
jury that such facts ctme not within
the law, or did not amoynt to murder, bot
every thing which they had to say upon
the question Of law. should be addressed
to the court only. Canyou figure 10 your
selves spectacle more horrible!
We are prepared TO prove. what the re-
spondent has in part admitted, that he
"restri6ted the counsel of Fries from cit
ing such English authorities as they beIiev-
edapposite K certain statutes Of the United
States, which they deemed material 10
their defence :" that the prisoner was de-
barred by him, from his constitutional pri-
vilege oraddressing the jury Through his
counsci) on the law, as well as the fact,
involved in the verdict which they were
required to give---and that he attempted
to wrest from the jury their undeniabe
right 10 hear argument. and (consequent-
W to determine upon the question oflaw
which in a criminal case il was their sole
and unquestiona.,le province to decide.
These last charges, Except so far as re-
lates to the laws of the United States1 are
implicitly admitted by the respondent.
He confssses that he would not permit
the prisoners counsel To cite certain ca
ses, "becaose they could not inform but
might deceive and mislcad the Jury"
MIR. President, ills the nobiest traitin this
insstimable trial, that, in criminal prose-
cuIions, (where the verdi9 is general)the
jury are the sole judges, and (where they
acauit the prisoner) the Judges without
appeal, both Of law and fact. And what
rs the declaration of the respondent, but
in admission that he wished to take from
the jury their indisputable privilege to
hear argument and determine upon the
law, and 10 usurp to himself that power,
WHICH belonged To them, and to them on
ly' II is one of the most glorious attfi-
buoes ofjury trial, that in Criminal cases
(ps r'icularly such as are capitalJ the pri.
Snner'a counsel MAY land ine,r nftar, a..