Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-02-24

lcumss.nces which exclude all possibility
lof impropsr BIAS Ibis psecsden! IS there
fore to be relied Oh more than my jadg-
msnt and 10 this / will adhere, asthc
best and only mean Of protecting myself,
lniy own reputation ard the safety OF those
who are to be Effected by my decisisn, a.
gainst the danger of those powerful, tho
| impercepsible influences. from which the
emostupright and enlightened minds can.
net be considered as wholly exempt"
There haveindeed been instances where
fpreceaents destructive to liberty and
shocking TO reason aad Humanity, essa.
bsished in arbitrary and factloas tia,ss j,
ve,heen Justly i'slegardesi. But waea
,intImes OF quiet, AND 10 cases calculated
10 iacite no Improper feeling, pfecedeats
have been established in favor Of liberty
end humanity, they become the most 50 :.
cred as well as the mos5 valuable parts of
The llw; the Esmest bu!waFk for the
rights ofshs citizens, aad the snrss, guar.
dian for the consc:encrs and the reputati3a
soflhe judges:
Such are the rreeeden.s en- which ! re
ly, The case Of Hslailtan Was decided
soon after tee establishment of the co..
Evernnent, When hide progress had get.
been Kads in ,he graft. OF party psss;.
sons aud inseresls and when waairrar Of
political feelings can De supposed TO have
existed against the court, was aganss thu
prisoner. Yet this bzns6e,a! power was
exsr.ed f5r his relief he vas bought
before this cous, by habeSs coypas, and
wa. discharged. Aad The precedent Tics
established was by this eeurt. e!tsea years
aiierWasds in tie Csc O. Eu. fafd iissl.r.
sd 10 be decisive.
The case 81 Busford was wholly I'm,
connected with political confederation, or
party feelings. The sRpiicasian WAS .alade
Ga behalf OF an obscure Individual, strong.
ly suspected, though he eo.!d not be l.
gsly eoavic.ed, CT mss; cd,ou5 and az.
roeious crime. I'se abhoraace OF his
supposed ciFense, tbs ssrlag circum,sanc-
es against h!m, The cslrse Of his lie, his
general character, aud lhS universal belief
entertained Of bis guilt, all combined to-
excite sga.ast hin every f.sl:ng Of shs
hamaa heart. Yc. hs gas relieved by the
exercise Ct thai power 10 which We now
appeal yet nc had the sea4S Of one Of
those preceaenss which We DOW eaia -
and in this case the authority OF another
and G y2ore solemn decision @was add.
ed to the doctrine for wh Oh vs. con,snd Z
Aad let mc again ask may i: pIsase your
honors, is not tAe law to be coasticrcd as
settled by these repeated deti,iaas? Are
We s'Il, as To this important poiai, asoat on
TIE roub!sd ocssB OF ap,nion, ofieg.i-g and
Of prejudice |! If SO. d-porsbe indeed is
Gu condition.. Efcleya canajtio u5i Xxx
roga ct iaceyta. Bar ask, may it please
yeor honors, if this grea, priasipls, .ta,e
aecig:s, 50 Fundamental! in oug law and so
coagenial TO lSScrty he not peculiarly 10,
PoTtaas ID popa.ar go9sraaaenss, where the
iasacnce C the passions is s.reag. the
struggles 70. Pawsr are violent, the apc.
'aa,ioas Of patty are frequent, and the de-
airs Of suppressing opposition or Of graft.
tying 'eVeo9asundsr hsst ,ra,s af Law, and
5y the sgency ct the CO arts, is csnstsns
aad ac,ise? Such are the dsfscta Of cur.
particular farm Of saysrnmrss, z-;s;sg
from the imprrfsciions of eur general az
!u7e, and against the dangers resulting
from these detects, car bee; protection is
fovad 10 the srea! maxim Stare 1ecisis.'
lie prosecsian OF this tnaxim, tae be.
asht OF these decisions, | again cisim
ior my clients, as a matter of right
whieh hunbsy eeusend that il is net i y
The power Of tais koaorabls coass to with.
ho!&.
| come now, may it please your houora,
10 the second general head Of enquiry.
corpus, thus shewa to exist Ia this court,
De restricted ia the present case, by the
of the commitment HAVING