The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-19

Frcichiaoie iro1n h.s lcarniu3 and accuracy are !
property cited in iuppnrt of his doctrine.
Mr.. WicEhaun isvs that the books thew only
I've cS,ies of acceHries before the fact having
been 'cjud-ed guilty as principals: but he adj
nGs tina, thc'c are fcverb cafes of accensries
after 'he fast being 70 adiudEed and he fcems
20 be apPret eriive that we ihail reafon from
tietr. later CATS to the cafe of m acceiry be.
tore ,>ie fact. l do no, know that il is import
ant, hutih truth is that the gentlenan, rnin,en.
tion lily, doub', has inverted the order Of guilt
n TINS Gale ; tn Trgi5a, the aCceilarY before the
'dct, he Who brochures the ACT or ailits in bring
'ng 1t about, is certainly much more guilty
| han the accc!Imy after the fact, who having no
| previous know edge of the fact, much let's any
agency or fundamentally in bringing it about,
merely receives and comforts the man who has
done t. This line Of Determination 70 ftrorgiy.
drawn 10y rsG/on was long 'eipe9ed by TIE la7v
of England, aud 10 far were acceGaries after the
fss from occupying the WORT ground, that
whi'e.it was nez,er doubted that acceGa,ies be-
fore the fact were guilty rs principals, was
z'err long doubted whether a fairies after the
tlet we're 10 gully. This we are rxpreisiy told
| by Hswkins - Hawk. CHI. go, IS. | think
howrver, ha thew by and bye that thcfe &C
ceflor al doctrines have nothing to do with the
ale at bar
! The gentleman next read the cafe of Sir Nj
| cholas lhr0,kmortor's mff.rings IS they are
collected into Gorgeous head ty Jrdge Tuck
err. We do not rely upon the Authority OF tina
cafe and the gentleman by reading has prov
ed only what we readily admit, that n m
y was a Judicial t,rant, aud that Thro. kmor
Ton was cruelty ard barbarauly oppr, fed |
can fee hut two motives which the gentleman
iconid have had in view in reading this cafe
! with cohntenance and cadence of fuch prcu.
AR pathos the 4 n contains an implication not
very refpetttul TO the court f: that it was necef
! ;1ry to hold mp TO this court, III. terroren, The
iimmoit'l infarny of Brumiey's name: the f.
.cond TO excite our iympathi,s, under he hope
! that when once iet afioat, for the want of fome
f. other living ohject tn might attach thernrs ives
! to his client. 1t was with the fame views
i prefume, thai the gentleman gave us the pa
ithetic and affecting noiy of the Lady I've as
1t IS touched by the chafe and delicate pencil
t Hume. Il was with the fame views, ALTO,
hat he recited from the fame author the deep,
IpertiiouS and bloody horrors of Kirk and a
Jeit'ies. Senhbc that there was nothing in
lis trial or in the virtues of his client to iutere
Jus, he borrowed the fuiisrings and the virtues
pa Throckmorton, and Lady Lyle, 10 fst
our hearts bleeding thinking that our pity
thus excited, would be GRACEFULLY transferred,
afligued and fet over, by way Of Enforcement
to his client. congratulate the gentleman up
on the ingenuity of the device the only defe6f
III it is the great hazard, that lille we are run
ming parallels between his client and the drama.
tic PeyJ'on@ introduced from Hume, we ihal
/ had among them an apter prototype for him
; than in the virtuous aud manly Thockmor, on
! or the h;npc, innocent and humane Lady
| Lyle.
But We are told that, however, the CAT. may
have been Prior to the revolution OF 1858. Euce
that period they have leaned the other way, and
go TO ihew thai acceiorial acts will not make
| A in fire., 70 III; 4 e.,
obtained by any adiudged cafe no by any
o6iier didnm Of djudge? no. How then does
the gentlemen fupoor the idea of this chang
IN the Engliih law H infers il from the m
puni'y of macy of thoie who, fought the PEE
tender battles or aided him In his flight. ! his
u 4 NEW way of iettirng irrai prn es.--Sir.
this waS the mere policy of the houft of H5nover
| The prete'hous of the S'uar's Slad divided the
Bri'i!h nation. TIER adhereuts were many and
T. aous. Their preteuli5ns were orulhrd IN
battle. Two couries were, then, open To the
reigniug monarch either by cleo ency and fo,-
bearance TO aiIuage the auimolity Of his e. emjes
aTd prop and " &C his throne with the aftcti.
ons OF his pecp'e; or TO purlue his enemie.
with vengeance; 10 drive them ;oi efb ration
TO 6ifsua his friends 10y needlef; & warton cru
city and to unettle and H at his throne in the
blood of bis fu je6ts. He cEafc the former
cou'fe ard from II his polite or masnauimous
| IorpChlfhfS III Is argued mat the law OF trediOn
was changed. To prevent this Inference, &C
corii & 10 the ai''iing OF the gentleman, /,
was neCeilary to have beheaded or hong III,
every human being no even aided the uuf,,r.
tunate Charles in hi n GIT Mr. Wickham has
M nlioued Mis- Nc Donald and he would have
had the monarch to have hazaTdcd the indigna
ton ard rey'lr Of 4 generous people by lis zing
that beautiful and roman l. entAuiizh, Flora
Mcdonald, and dragging her from her native
mnul'a;ns in the i'll Of Sky 10 prifon and
to death. We are told, indeed, by Doctor
! JJhnion in his tour to the Hehridcs, tyat this
ttsp, imPolirlc as it was, nevertheless was ha-
zaydcd hazsrded but partially tho he was
carried to Lonjun but together with hIc'Cleod
VIII" had AIDED in the fame r ght, he was
dhCihed, on the pretexi Of the want Of evil
dence. But certainly furbcarance TO punin,
under an exiting law, is no argument of the
change Of that Law.
The gentleman unable to fuGain either bv adj
Publication or Ai7um this novel IDEA that the law
Of tredion IS changed ii1ce the revolution of
1855. proceeds fril farther in the attempt to
rapport it by inference and next inlers from the
ipccaI form of the indictment in Foner Sc
that prefenCe ut the overt act IL indifpenfible TO
the irealon of IevyGg war. That Indictment
lays two overt acts of the treaian frft the ee-
neral overt act Of attending with an armed
multitude and eyyiug war Gecondiy he enter
ing ard taking The town and calle Of Carille,
from The fpecial nature Of which lait over ACT
The gentleman cfduces the coucluIion, that the
hrit was not iuflicient and that the !aa muh
ne. fairly have bePn Droten m erG, AZ, lie =,