The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-08-14


of demanding the blood of the prifoner; of any
human being. That mar was Rrancer to
him, who hould attribute 70 him Gich difpo.
iition. He wiihed the prifoner to have an i'm
partial jury; and IL there was Jingle one a.
mong thoie fet over, who was rot impartial,
who was not capable of pafling between the
u. States and A. Burr, he requeled the court
10 rejed him. As to the principles ftated by
Mr.. Martin, he did not intend to controvett
them. He only differed with him in their ap-
piicatiou to the prefent cafe. Which of theie
iurymen has Informed the court, that he has an
, iil-will aeanft y. B.? perional prejudice !.
and that on the queiton of treafon, he has
bias aeainit him? Ii is true, they have formed
Tome opinions about his intentions but they
have received no evidence on which they can
form any opinions as to the queGion of actual
treaton. And as to tbefe intentions, they may
have related TO other acts, than thofe charged
IN the indictment I; to acts done without the
dittr'et which are not now before this court.
The diointtion which they have drawn between
intentions and acts is perfectly clear and ration
al. ihete jurynen prove that they have ad-
verted to this diaintlion, becaufe they quote
the opinion of one of the judges now on the
bench, who has formally adopted it. And if
this 'mpartiality does not relide in the bofom
OF the judge, what reafon is there to afcribe
LET'S OF it TO the minds of the jurors?
Mr.. Hay admitted that the prifoner was cnti-
tied to an impartial jury but the queRion was
who was an impartial juryman He mutt be
one, fa'd Mr. Hay, that partakes of the common
!entIments oft majority of the people among
whom he refdes. Will the court undertake to
fay, that the majority OF this diftritt is ncapa-
bic of judging properly? Iffo, he would unite
with Mr. Martin in faying, that it was libel
on the Rate; and the majority would very truly
return the compliment, by laying, you alone
who brand us with this cenfure prove by this
very act the prejudces with which you your
felf are aGuated. The oppolite council have
fpoken of newspaper publications. He wonld
venture to FAY that there is not a man of howe
YER remote iituaton, or of fupine difpofti-
on, who has not received fome imprefIions on
this iubjett. Thefe impre lIions were taken up
without any feDtiment of ill.wil to the accufed ;
or without even knowing him. Is it reafona.
bile then to pronounce, that with thefe impreE
mons the majority is incapable OF deciding fair
| ly! There may perchance be fome one igno-
rant man who has received no imprelIions on
THE inbject, Tome fotary hermit that is ihut up
IN the hollow of a tree fome human being cut
OIL from all human concerns into whole fo-
tary boiom the hlitory of thefe tranfa6tions has
never yet penetrated but fuch is not the pic
ture OF the world at large. Our fociety is d.
yided into two great parties he knew that
Gallon but he knew too that there was not
mau among them, who had not taken his fide,
one way or the other Some authorities had
been cited from Reeves and McNally they
did not bear upon this cafe but he fhouId
Cite two Others which did. The fri was the
cafe of Calender, where it was fuppoied fulfil
cient TO ak the juryman, whether he had form
ed and delivered an opinion on the point at IT,
Tue. The other was from Hawkins, CHI 4s,
In D f.,l.,
fald TO be no good caufe of challenge, that a
man is juryman on an indictment fimiIar to
that on which he has already found verdif.-
Mr.. Hay commented upon thcfe Authorities at
comfortable length.
ia fketch OF the remarks of Me1rs. Writ,
Wickham and Randolph, in our next.)
The CLIFF Jagiae obferved, that the foe Object of
.c contribution when required an impartial Jury,
was to have fair trial that is that no man ihould
lit as luryman, who was not ready judge by the
tellimony. Why were the moi dinant come tiions
excluded? Not becaufe they were connections, but
becaaie the law Preiumed that they would not hear
the reiinony 70 impartally, as thoie who were not
in that relation. Very probably the man himfeIf
might think that he was capable of giving fair reiult
-bnt the law will not admit of an exception
Now; it won!d have been trange if the law had ex-
Guided connection on the uPpoltion that this might
have influenced mis- judgment, and yet would have
been regardneis of mans having actually formed
and eHpreiied an opinion on the fubeet IL has been
laid and perhaps truly d) that in fuch cafe as the
Preien, an abioete ate OF Indifference cannot be OBJ
tanned There certainly cafes, where the law NUT
bend to poft'e neceility; but then this neeelfity
matt fra be proved, before It can be proper to bead
the law to ITS dictates. (rhe Chief Iulice sltrat
ed these petitions by the Rebelons of England and of
lreland) The alternative, would in fuch cafe be,
either to have trial all, or TO have it decided
by partial jurymen. But the principle of law does
not certainly bend, until it be eRablilhed that all
mankind are impreied with prejudices. This brings
us then back to the law; and that difquaies every
man from erving, who has made up and declared an
opinion to the whole cafe itfelf. The court has
not laid, that every flight imprefon brings him un-
der this disqualification There different degrees
! OF mpreiiOns. " thele 70 nrong as to combat
all truth and evidence; if they dipofe man, to one
Hide with great comPacency, and TO reiih the other
with great force; reafon declares that fuch is
an incompetent Juryman. If declares, on a
trial for murder that he knows not whether the man
was killed. but he fure that the priloner had ma
lice prepenfe and was determined 70 kill him, he is
clearly all incompetent jurymln. The fame principle
is applicable to the cafes Of Burglar, aud utterine
faile money AS to the particular cafe, relative to
the i7fAoar Of the priloner, the is Of opinion
1t man thinks that the priloner has been msehIDat
ing treaionhblo defgns nD to tie time charged in the
! indictment, that in this cafe the impreiIon is too
ftrong to be confident with that farncfs due to the
Pritoner. In this cafe, the court is Of opinion that
he l.. r.. l. Trf a