Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-08-24

thor OF the llOcl! sas I1au he QcClucu uP0a
his intentions Or upon the guilt Of pub
lishiog it No. Did the counsel Whe
appeared for him pretend to deny that !
was libel; or did they not rather volnn
,arily step forward for the fake OF dis
putting the cons;i,utionsli;y of the law sne
The authority Of the court, uuder which
he was. arraigned Did Mr.. Randolph
himself, In the house IF representatives
deny that it was libel? And lei i, be re-
collected, that this very decision Of judge
Chase was ouerruled in the senate Of tbs
u. s. by amajoriy Of IS 10 Is ;snd sci
Mr.. EGy has now quoted itas law.
Mr.. w. :hen ezpasiased upou MIR Hays
definition of an iRpa' ,ial jufyman. fks
sense of the majoii,y of any conntfy was
to be considered as the criterion OF inpar.
TALLY and truth What vast saving OF
trouble would result froa this n=w primer.
PIE. Instead "a a students porting oyer
the black letter N Ills own closet, IN search
of principles and tests, be need only go a.
bout TO tois hasbaene and that horse-race
TO take the common sense of mankind. a
lawyer would perhaps coasuls his NJ Nal'y,
or his Reeves: But Mr.. Hay would go
about 4coises,ing the sense OF the na.ion.
Is there then 10 be- ahpes noinlaal, as
there has been in France, when the French
people, were asked, Is are you for Napo.
leon bring king of the French.?' But this
argument proves too much. Were a man
10 declare col. B. guilty not onlyof 'rsa,
aoushe intent, but of a reasonable act, o-ld
he be considered as an impartial loryman.
beeause he happened to coincide with the
public opinion? Il is 10 fact Impossible 10
knowswhat thai opinion is. Q ;.iaions are
continually faatuaiiag VIVA. is Law under
the administration Of John Adams, rs nas
81 under The sdn iiis.rasion Of MrJ ,fegsona
MIR. Writ has found fault with element
AIRY wri.iags, and asserts thar they are Dot
always the tests Of ruth. Il is true that
they are not always so; bu, they are mas,
generally 50 considered. Some e!emsn'a
nv books, such as lord Coke's, are OF to-
es,imabie value. As,othe variation which
Mr.. Writ has pointed out between one Oh
the elementary principles of Reeves and
the courts decision in The case OF Horne
Fooks, a reference to the repustApf that
trial would clearly show that this case pad
rot been accurately represented 10 this
court. Thompson, the jaryman, was not
IN court he had exercised tie discretion
of absorbing hinss!f, add it YVES SAID by
way Of excuse, that he had been long aud
intimately acquainted with he defendant
/, was to this point tia. The Judge spoke
when he said that it was 90 excuse. NO
excuse for what? Not from serving On the
ia:y; but fer not attending the cours.
Mr.. Wiys here interrupted MIR. W. and
Submitted it to every eaudid MUD, which
had most candidl; stated the passage. Mr.
Wiz, then read il and commented at sosar
Length A long and desu! ysconversa,ioa
occurred on this point; after winch MI.
Wlckham observed chat he had but one
more remark to offer; that he had come
here TO :ry The defendant on the Law and on
the fact aud not ON public rumors bus.
that shis trial would be nothing be',a uaoes
kerry, if ii were TO be submitted to the &c
cisou OF q preJpdlced jury why did the
trainers Of our constitution ai,enp,to Sc
cure the privilege of an Impartial jusys?
Was i, not knowa TO them, thas;hs peNod
would al length arrive, when some tuasv'
DIAL wo uld be marked out as the victim
of popular and political jealousy !? And was
it not from such case, shs. the eoas.:su
,ias had originally forbid the Legislature 90
change the law Of treason; aodsha, sub,
seouens amendments was in.roduced, still
; sasta=r 20 iortify and to secure the P:ips-
s!Sges Of the accused
Mr.. 3. Randolph Car the request OF 'he
scours) read Judge Chase's answer1o 'hear.
ticle Of the indictment, which .arraigns his
decision in the case Of Mr.. Basset,: Mr.
r. thon observed,,hat he had no, intended