The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-11-22
lfsrc Geurt lesally eonssituted, and unsn

CsiSh Oh WHICH peas, inc Attorney tor the
Commonwealth demnrred generally and the
PRISONER hicd u joinder thereto, * the Mat
ters OF Law arising thereupon having been
duly considered the Conrt doth decide
That the first plea atforling matter III bar
OF the indictment, and well pleaded, the de-
murrcr thereto ought to be over-ruleC, and
the plea held gcod
That the second plea stating proceeding
by the Examining Court winch the Court
has decided IN answer TO the first question to
be one exceeding the jurisdiction of that
Court, does not afford matter in bar Of the Ia
dictmcnt and therefore as to that plea the
demurrer ought to be held good * the pie;lo-
vcrru.ed;
That the third plea a.iortins matter inbar
OF the indictment and well pleaded ought TO
DC heid good andJthe Dcmu, rer thereto over
ru.eu-Nhich IS ordered TO be certinctl to the
Superior Court OF Norfolk County.
RON this order it appears, that the Coun.
sci Tor Myers have thus far substantially at
tanned their object, but through the mis-
PleadinGs ct the Attorney for the Common
weaith who served III this cCurt below. The
counsel for TIL prisoner, had sled 5 pleas: to
winch the attorney put iii wh,i; they call, a
general demurrer. Now, "a demurrer al
ways admits the facts, which are stated bv
the opposite party, to be true. One OF these
peas, Tor instance, stated, that Myers had
hecn Gully eXamined,. and acquitted OF the
Murder and Felony. The Demurrer thus
admitted the very fact which vas at issue.
1t is impossible as yet positively to say
in what way this case FINALLY end. ]. White
at the Close OF his opinion, added, that there
was one point which the Court had not vet
to decide; viz. whether the { ON
could mend its pieadings, that is.
Tptfhdr'azv IT'S demurrer &c. &c.,
his point was waved by the bar, and it was
to be one which would fairly Law
over Tor the Court below. 1t was also sug-
gested, that the Counsel for Myers would
move twooi the Circuit Judges Nelson s.
Semple were mentioned,) for "a writ of H.
beas CORPUS to bring Myers before them, & at
tempt tobail him under the Act of Assembly.
And when the Circuit Court meets in the
spring, the question may then be discussed.
whether the prisoner be finally discharged or
the commonwealth be permitted to mend it's
pleadings.
Yet let this question go, as it may the de-
clsIon OF the General Court is important. as
it serves TO fix the rule in the Examinine
Courts that most important link in the
cham OF our criminal Jurisprudence. The
practice IN thesecourts seemshitherto to have
been extremely vague and uncertain. But
the only questions, which seem now 70 come
within the pale of the law, as expounded by
the decision of the General Court, are these:
list. Shall the Prisoner be discharged from
further prosecution, or remanded for trial
End. lfremanded, shall he be tried i'm the
circuit, or in the County or Corporation
Courts
Mr.. Randolph " considers honest men as
OF RIGHT politics." But there are g honest
men of ALL parties. Therefore all Earlies
are right. Therefore, by a fair syliogism, ali
contradictions are consistent, & black is
white.
cores ondent tslss, W ether Mr.. Mat
thew Lyon would be so mercenaly and mean
as TO pocket MS me, shouid Congress think
nj tore-imburse it? Was ltnot originally paid
and more than faid out of the purses of the
Republicans Our correspondent might as
well have enquired, whether MIR. l.. can blush.
&c IL is kno4pn that the Hornet is ao.v ready tn
6 take dispatches to ministers in Europe, barti-
. calarly to those in France and Englana MAT
Int.
these dispatches are sent out to open
new propositions to e.. B. and tubroaCh fresh
negotiations, there is no measure which is
sooner calculated to dampand extinguish the
spirit of the people. We do not beGeue such
to be the .fact. We believe the Admnistra-
ton TO De vigorous as WCu as WlSe.-but, We
are bound by our attachment to that admin
istration to say frankly, that no one who has
not seen the effect this information is wors-
ing on the public mind, can have any idea OF
the extent to which t is going in lowering
the tone of public opinion.
Nothing in such a case ought to be left to
conjecture or supposition. And we earnest
ly beg the Editor of the National Intelligent
Ger, or some friend, in Congress, TO be
more explicit, if he can--and to dssipatc
cvery doubt which can damp the spirit Of the
nation.
We shall complete the Documents, laid
before Congress as soon as possible.-The
letter of Mr.. Pinbney to the MARQUIS Wei
lesley, which is in this days paper, is writ
ten in a mastery style. We recommend il
for perusal. The spirit and energy display
cd by this gentleman i'll his late correspon-
dence, arc wor.hy of an American. We are
pleased athaving his opportunity of doing
justice to a minister, whom in common with
others, we have abused too much.
IL We shall make more 7vay in these
Papers, from the LIST of December, when we
shall issue orr pcper times week We
shall do ourselves the pleasure CT resuming
at the same time the publications of our old
friend YHe Old Eacheior, whose name alone
is host. For reasons, which it is unneccs-
sary to state, We shall delay publishing his
Nos. in n volume, until early in the Spring.
~ We have not room to day, for "The