The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-08-11

even be too general and vague, if it were ever
10 be- have ron exprefed any opinion, OH
the treafon of a. Is" Tor the cafe fa,ed ia the
indictment was Infinitely more ipecific. II was
ireaion in levying war againh the u. 5. at Blan-
nerhanett's lnand. Unleis this particular allie
cation be proved, it defeats all the otherlpsr,s OF
the accuia.on S; il was probably on this point
that the Juror had never made up any opinion.
Mr.. Martin contended that It was the pro-,
vince of every ju,yman TO come to any cafe
with the mott perfect in.partality; and more
particularly in one, where life and reputation
were at fake: that was libel upon Virgil
MIA, blot upon the whole Fate, to alert that
men could not be found to decide fuch u
cafe, with no other knowledge than what they
had picked up from newspapers that there was
a material dillnetion between this and Callen-
der's cafe the libel was a book ia every mans
hand but does any juryman in the prefeut
cafe pretend to know the teitimony on which
this charge depends The gentleman propof-
es to ak the juryman, whether he has made up
an opinion ON Col. BIS treafon but it is ex-
tremely probable, that moft of them know not
what treaion is; and though they may decide
upon the guilt of Col. B. that they may be ig
norant, whether Ii comes under the lame and
defcription of trcafon.
Mr.. BottJ quoted authorities in fupport of
his opinion Bacon 35s cafe from Haw-
Eil's the cafes of Smith & Ogden and Judge
Iredeli's opinion in the cafe OF Fries.
The Cbief .Jngice observed, that it might
fave fome alteration, if the court was to deli
YER it's opinions at the prefent time (; that it
was certainly one of the clearef principles of
natural juaice that a juryman ihould come to a
trial for life with perfect freedom from previ-
Gus impreliions that it was clearly the duty
of the court to OBTAIN fuch men, If it were pof-
fible 10 produce them free from fuch bias; but
that is it were not poibe from the very cir
Cumitances Of the cafe; If rumours had reach
ed ana pre-polfehtd their judgments, Till the
court was bound to obtain as large portion
Of impntiaiity as pofible; that this was not
more a principle Of natural juniee, than max
i'm of the common law, which we have iBhe-
Iiieu from our forefatherS; that the fame right
was fecured by the contribution of the United
States, which entities every man under crimi-
nal! proiecuion to a fair trial by an impartial
jury" Can it be idid however, that any man is
An impartial jufym4n, who has declared lhe
priioner to be guilty and to have deierved pun
iihmcnt? II il be faid, that he has made up
this opinion, sut has not heard the tettimony |;
fuch an execute only makes the cafe worie; FOR
If the man mas decided upon iniuihcient tefti-
mony, it mantens bias that completely Diff
qualities himielt from the functions OF jury
man. 1t is TOO general a queaion to ak whether
he has any iInpre tious about Col. Is. The I'M
pret.ioas may be 10 light, that they do not a
mount to an opinion Oh quit nor do they go
10 the extent OF believing, that the prioner de-
1crves capital puni.hmcnt. With reiPect to
NJ. Bafi,ti's op.nion, it WAS true he had read
''t0e Proipcct before us ); and he had de-
Clareo that 1t WIS libel; but Nj. Is. had
formed no opinion acJnt J. L Calender oeiiig
the autaor. Il was the FAM principle IN the
pretent cafe. If "A juryman was TO declare that
tue attempt 10 alchieve the dltmemes rment of
= The union trea!on, ii would be no com
piete disqualification hut IT would be the APP
pitcatlon OF that CRIME to particular individual
Ii would DC the fixing II on 4. - that would
dfabic him from iervag in his cafe Let the
coun.el then proceed with tie enquiry.
MIR. Botf5. Have you tnd that Col. Is. was
guilty OF tyesfon ? Mr. Blu Ky. No. only
declared that the man who atted as Col. T.
was laid To have done, deferv.d to be hung
O Did you believe, that Co. B. was that
I.aii A. did, from what had heard.
Mar. Hay. understand then, that the queiti
on propoit i In Calendars cafe is to DC over
ruled (? c. Juilice. My broiher judge does not
recoile6} whether It particularly %ent to the in
dittment. Judge Grilin. think the queition
was, 6 rela,. :, 20 The matter IN ilue." Mr.
Hay. Thc very petition that dav4 laid down.
c. Juhice. This bmpIe queitioh IS whether the
having formed IN opinion no, upon the evidence
in Court, bat upon common rumour, man rs
competent to decide upon the real teitlmony of
the Gale. But in my oplon this very crcum-
famce only di!Gualifes him the moro. Mr.. Writ
(addseiIing Mr.. buckeye D d undertand you
10 fay thai you concluded upon cert"in rumorS
you may have heard, that Coz. b. delerved to
be hung A. did. O. Did you believe thefe
rumours A. did. .. Woud you, if you
were a juryn.au, form your opinion upon iuch
Tumors a. Certainly not.--Mr. M'Rae. Did
you form and expreis your opinion upon the
qurition, whethet an overt act Of ireaion had
been committed at BanDe lhaIett's iliand ? a.
1t was upon other rumours; and not upon
fbat, that | had formed an opin on MIR. Mar
I'm iubraiited il to the court, whether he could
be considered as an impartial jurynau. The
court DECIDED that Mr.. BEfkg oe put aide.
9 'Tame5 c. LaiIley ftated, that he had formed
and exprefed iotne opinions unfayorable to Col.
B. that he could not pretend TO decide upon
the cbarle s in the indictment, which he had
no, heard that he had Principally taken his o.
pinioDs from news paper hatements and that
he had not, as tar as he recoiected, exprehed
,su opinion, that Col. u. dcierved hanging
Mr.. LniAL.g put qESe.
6. JA.Hss Hamilton being challenged for
caufe aud fworI, dated thai he had formed
\ and exureGrd ali opinion from hearfay, that Col
u. was guilty of treaOn, and 10 that particular
line of freafon, IN which Col. u. food charged,
as far as Inc underttood. Put 4Ede.