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

own ueishborhood, no, long even there. They
are liable to all the political prejudice, of men
devoted to the different parties which may exit
They are generally men totally ignorant of the
law +; nav, / fhail prove when come to fpesk
o. Baf!et's cafe. tina; though the managers con-
end the Jury ihoul,i decide the law, yet ignor-
auce of the law is by them cooidered the GrH
recommendation oil, nay, neceiiiry requiIite for
Il juror!
Can it then be VIII. TO reduce Judge to the
humiliating Gtuation Of having the law decied
by fuch body, expo!ed 10 be led into error by
the ingenuity OF ooual.i? Can it be the with of
this court TO tru0 their property, their lives, all
that is man dear 20 them, ee,-1 as to hsai gasE
fioy, the eridide0s Of jurors liable to all the
frailties of human nature, in preference to the
found difcre,ion of Judges we'll lslled in the
law, and holding high and refponh5e fation
Having laid down the!e general principles rs
to the relative rights and duties Of the court, the
bar, and the jury, fl,all proceed with my hon.
client to the fate of Pennfylvania.
Il was known that John Fries, charged with
treafnn, had, on former trial, been found gull
iy, and that new trial lad been granted upon
fhegefion, which hope will not become
Drecetient--will never be rule for deciions.
When FAY this, mean not to detra6t from the
merit of that highly respectable character who
pre6ded, and who granted the new trial. His
conduct flowed, l am convinced, from his hu-
manity; his was the error of the heart, not of
the head. It was an honeft, nav IN amiable err
sor. My hon. client knew, when he arrived at
philadelphia, that the trial of Fries was 70 take
place that term. He has been acknowledged
hv the bon. managers, to be gentleman of the
highef legal talents. In this they have only
donc him jufice; and have been as prodgal of
their praiff a; his warmelt friends could have
wi!hed. II would have given me great pleaiure
IT they had been as iuR in exprefiing their fenfe
of his integrity. He had been in the practice
of'te law for forty years, and ALTO Judge for
Il number Of years, and for about fix wears be-
Ieve, preiided in the criminal court of Baltimore
county, where, dasiug chat time, there were
more criminal trials probably than in any other
court III America. | believe fpeak moderate
w. when fav that have attended on behalf nj
the fate, att lean five thoufand criminal trials in
that court From thofe circumstances it is to
he prsfumed that he was not deficient in know
ledge of what related tn criminal proceedings,
hut would he have acted the part of an upright
Judge, If he had not endeavored to make him
fclf mater of the law of treafon, when cafe of
that nature was about to come before him par
tculary the law Of treafon, as it related to levy
ing war againft the United States, or in adherine
to thofe who levied war againft them, which is
the only kind of treafon that our contribution
acknowledges; although have heard mutt
own, of heaton againft the principle. of the con-
ftitution, and freaIon aganft the Eoq,ereienty of
the people, words we'll enough fuited to DO
p"'ar harrangus, or a newspaper efiay, but not
for court of jufice.
(To be rout;nueHJ J