The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-08-02
EVoLuME ?.

Trial, juries .cncht To .Sew the mot rSfpettfut
Difference tn the advice and Recommendation OF
Judges. In favor of this copcluiion. the con-
duct of juries bears ample tedimony for til
| Their honor II ihoud he remembered, tina, th,:
examples of ther refiitirg the advice of a Judpe
IN points or law, are rare, except where they
have Been provoked into fich an opoofi.,on b,y
the erofnefs of his own n,iftonduSt, CT bcsray
ed into an imjuit fnipicion of his integrity hy
the mifreprs cn'atcus and IN Practices OF oihere
In civil cafes, particularly where tbe title 10 real
property is in qusitoT, ;uties alinott universally
find fpecial verdict rs often ~ the Judge re-
comments their 70 doing and, though, in Grim.
mai cafes fpecial ver,Gts not treq,.ellt i, i,
not from any averlenefs TO them in ilrors bpt
( from the nature of criminal cafes, which srner.
atty depend more upon the evidence OF faaA
than any difficulty of law. Nor is it any final
merit in this arrangement, ttat in coniequence
of it, every perfon accu.td of ac:v;! crime. Is en-
abled by tie general plea of not guilty, 70 have
the heuefi' of trial, in which the Juties aoi jurv
are check upon each other and that this be-
ncilt may bc always enjoyed, except in }nch
| fmall offences as are left to the flnnnarv u,ii-
dittion of a Iuftice of the peace, which except
on, from the ncceffity of the times, is continual
ly increaiing, but which however cannon DC rod
|cau;iouily extended to ne.v oheGs. Thus eu,,.
| lidered, the. definition between the Office of
Judge and jury !ee'iis - Claim o,.r u,iof: res
pet. May this wife tiifributon of power tr.
tween the two, long continue 10 fourth, IN.
fpoiled either by the proud encruaehnsnts of
III dei;sn'ng Judges, Oh the eciid pryiiAsof:a7 ~
! iieez.iioaJ iUyies' -, l...
In this prayer mott cordially ioia, and with
, the learned commentator, hope that this vii.
diitrhntlon of power may long CONTINUE til
iiourith unimpared either by the proud en-
croacii'nents of i'll de.gnng Judges, or the wild
presumption of lccutious jurors Sach rs
have here tate6I, / conider the principles cf The
Englfh law. and to thefe principles Icl,e.rfuIly
f, fubtcribe. -t .-,..
| But the principles adopted on this ntosach,
Ineni, and advocated, as underean,., by tie
non. managers, appear 60 me TO have a direes
| tendency to break down every barrier between
the province or the coutt and the iuly, giving
every thing to the latter and nothing To the for.
,ner; and 10 far from placing them or the conn.
lei under the direction and, tronl of the cour.
prohibit the court from renfain,ne either th.
Jury or the council, under the danger Of i'm.
parchment. diFer with them. II in any caii,
the law is known 10 BE itttled by uuiformisy
OF deciiions. court of ju.tice 6eS11IrJ ifsif II
IL permits council totakc Up their ti1Ie in a-sr-
| ing aganft it. 1.-THE quefien is no. corEdcrc6
as fully fettled, couniel certainly ought 20 te
heard, but it IS to the CONT they ought to al
drefs themielves. In England the ara lawyers
who have ever exiited, have not thought thtlh-
ieives deg'aded by argn:ngt the law in criminal
! as well as in cigi! cafes, before Tie court. If
Council ihoud attempt TO l,npcie On the iurp
hat IS not law, the to tit tamely ty and
hitler them to proceed Such has not been the
practice in the courts which haze attended!
Where the law is known 10 be ie;tlcd, or where.
| Upon application TO the court, determination
is given, the council mut go before the Jury np-
on the fact, and endeavor TO ditinauiih his cafe.
and new that 1t doth not come within the law
as eftab!ilhed; for ihould council attempt 10
t.,th nf
ed to controsert the law as declared, they are
Immediately ;topped by the court, and 10 pcriit
Wonld be conidered highly INDIGENOUS, nor
would tie court permit it to be dong. In Ma
ryland the lawyers do net claim as Il conilitut;.
onal right, TO miilead and deceive the Jadges,
much lefs TO niiead anl deceive tie jurors, frt-
| from any control ofthe court.
| But 1t has l., en- faid that iuries are. MOI pr,
per TO decide the law in criminal cafes thereby
to prevent criminal fIom being borne down
and oppreffetl by the weight OF the profccnti,g
power. What cafe can a,ife in this ccuntyy,
| TO which this argument can apply? in EnglanI.
before the revolution, while Judges were debei.
dent on the crown, il ALTO wicked and corrnr..
there might, where government was interelted,
be Tome iuch cafes. But is our iituat;oD TO 81
| compared TO that of England, ut that time IF
10, it was not worth while for us to have taken
upon ourfelves the rifks cfthe late revolution IN
have changed our government.
Is there any thing TO induce Judges to opprefs
any individual even though ofenIive to govern
ment, while they are iadebu4eaf? Any danger
of that kind is to be apprehendcd from fudge,
who are dependent.
| Aud hence flowed the great conaitntional
proviiioD, which iecures he independence Of
the Judges, which fecuies them from being re-
moved or puniihed while they difcharge their
duty.
/ What probability is there that Judge would
,o injuftice to any pcrfon with view to pleaG.
any party, when he could have but yers mi,
proibe6 Of tezvajd, and would be fure that tho'
lie did his duty lac could not be removed from,
Office or expoied to injury?
| with this hon. court to rencGl on the nature
OF man. In government ike ours, there viii
always be majorities aud niinorities. Minori,ies
will often be powerful, and frequently in due
time become majorities: If Judge fhould do
q, att pirafiug To tine majority, he mutt El;ow
( it may render him hateful 20 the minority. who
! in coufte of events, may get the power in their
hands. Ii he endeavors 10 ingratiate hirnf,.lf
with the minority, he expofes himfef to the diff
peaiure Of the ruling majority. II is f5e dur
Of JUICE to enf5rc' THE LascJ, zvbiIe fbsy eyG,
I ~ fk,or yo.,.. ....... 4.