Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1805-03-08

aGheTlnS 10 i'FhClp PIES OI Id" oANe Ss'"-
u!ished, and o; considering the law as
finally settled, a::er repeated and solemn
decisions Ivy courts of competent iur'!-
diction. 4 contrary princi pie would I'm.
settle the basis of our Whole sH stem Of
Jurisprudence, hitherto our safeguard
and our boast; would reduce the law OF
the land, and subject the rights Of the 81
tizen, to the arbitrary will, the passions,
or the caprice Of the Judge in eath parti-
cular case and would substitute the va
rying opinions Of various men, instead
ofthat fixed, permanent rule, in which
the very essence Of law consists. If
this respondent erred in regarding this
point az settled, b. the repeated and So
Tenn adjudicatIsns of his predecessors,
in the same court and in the same case
ifhe erred in supposins, that principle
established by two SOLEMN decisions WAS
obligatory upon him, sitting in the satnc
court where those decisions bad been
made if he erred in believing that it
would be the highest Fresum2tionin Elm,
to set up his opinion and Judgment over
,-that Of his colleague, who had twice de-
Cided the same question, and "ftwo of
hispredecessers, who justly rank among
the ablest judges that have ever adorned
court il in all this he erred, it is an
csrror Of which he cannot be ashamed, and
which he trusts will not be deemed Grim
>inal in the eyes of this honoura5le court,
OF this country, or OF that posterity by
which he, his aeeusers, and his Idges,
must one day be Judged.
Under the influence of these corside.
rations, this respondent drew up all Opt
Mon on the law, arising from the overt
acts stated in the said indictment, which
was conformabl- to the decisions before
given as aforementioned, and With hc
sent to his colleague The said Richard
Peters, for his confederation. That
gentleman retrrned it to this respond, Mt,
with some amendments affecting the form
on!y, but not in any manner touching the
substance.
The opinion thus agreed to, this res
pondtnt thought it proper to communi-
Gaze TO the prisoners council-several
reasons conclrred in favour Of this COM
muniCatson.
In rne FIRST place, this respondent con-
sldereI himse Il aud the court, as bound
BY tbs authority Of the former decisions ~
especially the last ofthem, which was on
the sa'""ca lie considered the law
as settled, and had every reason TO be-
We've that his coli; 3ue viewed i, in the
same light. 1t was not suggested, or
understood that any new evidence was to
be offered; and he knew that if any
should Ls Sfft red, which could vary
the case, it would render wholly map
Plicable both the opinion and the former
decisions on Which it was founded. and
he could not and did not suppose. that
the prisoners counsel would be de-
sirous Of wasting very precious time, in
addressing TO the court an useless argu-
ment, on a point which that court held
itself preeluded from deciding in their
favour. He therefore conceived that it
would be rendering the counsel service
and a favour, to aPprise them before hand
ofthe view which the court had taken of
the subject; so as to let them sec in time,
the necessity of endeayouring to procure
new testimony, which might vary the
case, and take trout of the authority of
former decisions. i
Secondly. There were more than one
hundred causes then depending IN the
said court, as appears by the exhibit
marked No. 1, which this respondent
Prays may be taken as part of this, his an
swer. MANY OF those causes had alrea-
dy been subjected to great delay, and it
was the peculiar duty of this respondent,
as presiding judge, to take care, that as
little time as possible should be unneces-
sarilv consumed, and that every conve-
nient and proper dispatch should be gi-
ven to the business of the citizens. He
did believe, that an early communication
Of the courts opinion, might tend to the
saving Of time, and consequently to the