The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-07-04
FOR THE ENQUIRER.
TO Je/t9b Prsntis, EIaa-e, n JUDGE of the Ge.
neral Court.

".S principie which have long been taught
{" Green that the private feein IS of the MAJ.
Ho"n always retire when opoof;.ci 70 the more
'',.ea nnt'es OF the citizen and it is RICH,
""'c' no ,ets admire of every individual tn
lean lnt difcufs the cordu q If government.
M matter whether it relates 70 IN. pol;,;c,I -,
lu zeal departrIents If his country. Jt ;su,.
ner the influence of this theory ,ha. an en-
couraged to examine the proprety Of rne,.
ute adonted by you at the Ian di!triS frlIion Of
King s, O1cen. VI
Ann AS rIs n"afnrs in nv opinion, ,end;n,
tn the iubverfion oftri,'s bv iurv. and tn an =,
farming accefiion of judicial power :: 70 i, ;s
nv fear Of the fri, & tre1d of n. ian. that mr.
ges me to this pnblic introduction of RI. rii,ie
am duly aware that aiuige nuh he f.niih'..
o. DAM when tn ear Of the people is truck
with tne ionnt ct his tranf.res6,n, bu. at th,.
II ne time r.fe z that his An, ,vne NAV con-
fit in his vin.ica-io,. In the trial e
caule OF ingular arocity, yon Itooo.j the
cou'fe' OF the prifon r AM dire6fe tn. ;urv RI
return verdict of a qr.tal, aHd that If thew
rendered any other it hou'd y, yerfei ard 4
ne" trial awarded, hu. that tNev rn;-ht ,,a az
they p'raied. This intruGon is haoDi,v ,d,nt-
ed To e'cape the eve Of criti i'm, bccsufs il an.
pears in the graceful attire oe cle nencv and hr.
mainly; hut when the principle of conduy9 is
examined and the fuhfqurnt accumulation If
power that is likely torefult from this prece.
dent very different feelings NUT ariGr.
II mu't arpsar evident to the mcf .areIers
n''erver tron the iron 'ef parity of reaf,nin,
,n'' halufse can d'ree Al arqni'taI in one cafe
he may demand condemnation /, ,ndth-r ,nd
had your mind hui turne 70 4 d;f;.r.n, ,;.,o
ton upon this late location, the innro,r.-v
NJ coniuf would have fsr-ned .por. ,;,r;ro
ani would not have parTtd thus far fn, G,en,
ito.
Every friend to the i'rifprud-1ce Of his .o,t,.
Try nun trt' feen'y in erefe in D-sfervin- RI.
I've tai diUinrui,he thu powers of irrv from
thofc of court. The hr;t j. The pr,,I trih,
nal in the firth and integrity of which. he rr
''es hi pto 'erty his pe-fon ala his 'ibertv.
1t therefore believes hi II TO bew,re of the ar.
cendancv of the later.
Inc rights ofiuries ara nov happily too we'll
e.taoh ne ~ amt o. mach contraristy Of OBI
mon. The ingenious &c he ne nf u1 Ter Mining
this iy'ten by limiting the power Of iur:es 70
the co federation of f+a, has he-n iuly ax,,r.5
and defeated, All the n, .,re rational 10 4ri,s e.
ta''rhed, that they are Judges both of IA q and
law. hnj corning to an author of ,.rIehritv*
| upon tins tuhiett, G. Jurors are n II only iujyr.
io' t'ct, hut manv times NJ tn tr',th of ev,ie,ce
and u they have iua cauf- to III betty. yh,t
witnris has fworn, they are not hound .o o;yr
Verd'f according to ms tefimony, AMI tha,
hey may ton-timrs give credit to one .vitncGs
though opontrd by more .han o1r.'
us evident, then, &C, or ling to the ori1c;,les
which have hither'o exitei, AMI the obvious
re"'nng thst the fnhie't is ant to tucg-R
thar jurors ho"ld he lef' alone to the o,er,,
lions Of their own Minds AMI that the m, nc,t
judge inpoes his o3iniNn, he vir.uallv In
trenches npon the fytem, and ieforns ire fa;r-i
feature. The oath Of Juror rolem,ly eni ,ins
nm to render verdict acc ,rdiog To the sD
preaenlions ot his own mind, and not to tl,ol,.
or any other perrpn or Judge efe he firrsn1ers
MS confluence and his country t!iro' complaj.
fance and fervi,v.
bnt independent &C this, can anv tb;,- he
more rational than ~ fuponfr that n iR-rs,,
minds may inbbe different ;noreaions from
me iane tefimony. The oo;nian of one ;,-o-
NAV dFer from that of his aIocilte: two i.,d,-
e. o''"nes nedu'e contrarg conciuions from
re '''ne c'te, and IN r~Ii2irus tiifon'atian no.
"'E ',Te Tfqnent than 70 urge the fame
tex FOR 1dverfe tenets. 18th re 7nv tb;no NO.,
drons or nyltrrious then--that an hopea ;,rv
NAV differ from court without fore-i,;,, 81 :.
chsr7fer Thus il aope7rs That iIdges o,o,,,
ar win t'rn >rpus caItion in even reverli,, .be
Verdlfts o. iuries. Aud in criminal cafe con
no' conceive with what prooriety new trial
can ne awarded npleis there is tbs. mon irref-,
eaH'e evidence Of corruption or tneuu-v,c,I
tynDtDDs of pr .iu1ice, whici could M. have
pihniy eYi'tsd in this crfe for accoriinr r., the
| c'"fleo Or law, ue'r thr'y minds NUT have p-.-
viouiiy dcci led his guilt, before he cor,j h ~.
1een brought ~ the difrif bar. IT me- 7
'bouid Drefnr,e that III. r.. NUT hay b,er G,,s
'rt'nonY as7inf m 4 cuCed, an as the ;ur,r,
ar" the peculiar perTors UPON w;,ore oo;rJs the
feif'noRy IS 10 operate, and nav attach ,vh,,
iegree OF faith AID credit they deem proper.
that therefore new trial ought never to bf
granted unlef' under the fronget conyiaion of
improper cond st.
Bat IT is full tine 70 exert this power after 2
verdict Is returned, and whenever il ia done be-
tore they retire, the Jude feps hevond hi,
'cope OF power, and trelds upon the iudensn
fence Of inries, which is the vital princioIe ~
the infti'ution. But it may ne cooten led. RI 4,
theJnry IN this cafe were Informed nv the i11ge
nat they might do as thsy pleafed. Grateful
Intelligence AFTER prefcribing verdi9 and
Remuneration Of reveral, if they did not obey
Is It poiib'e to imagine they would have sstec
differently?
For altho' their minds may be untouched witt
lurdieal icience, yet their feelings wonld h,
equally fenfitive to the infnultion of corru,fi
on and when they perceive that they are r
reiemole m automlton parade, or mock inag.
Ola jury, II would be foIyto conf1lt and re9e 3
! AZ the fufpicious breath of a Judge would foi
any other verditt with the caft of prejudice. h,
denying 1t as pure and con zenial with the eyi
dence they were fvorn to refpe1.
In thus per(Onaiy addretiing YOU, and irwin.
publicity 10 this fuhje6t, it is not nv intention
TO intimate any impure motive, or TO fanen an,