Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-12-21
Vol. XEil.---N0. II.

possibly and the prisoner, was forgotten by
them. This was the FIRST display Oi Dung
Mr.. Dexter before the National Courts
while the tears of patriotism, literature q
friendship had scarcely ceased 10 flow for
the loss OF one of the brightest flowers ia
tue fields Of iaw * eloqicnce, tie friends
of each experienced on This occasion much
consolation lat beholdiug sprig from dat
luxuriant stock expanding again 10 adorn
the garden Of science.
George Blake, Esq. closed the cause In
beIaifof The United States, with candor,
persplcuiiy and argument: he rejnined 10
al the points sci no IN defence ofthe pri-
sOner with u zeal becominghis SituatIon
Yet with all the tenderness and hbefality
which the magnitude tie charge, safe
u 10 thepub,c, and his high selIse oil o.
fetal duty would permit. Tie causew2s
then given 10 the Jury, uader ID charge
from Judge Story, the presiding Judge
Judge Davis and Judge Story beng un,-
ted as 10 the law il the case.
teJudge observed To tie Jury-ilat
it was undoubtedly true, JurorS might
take nn them 10 be the ultimate iudges
OF law as well as of fact but lie cUnteGsi-
ed that they were held always 10 receive
the law IN the case from tie Court, VINO
were hound to expound il to them truly
and lmparslally, or their oashs AMI con-
sciences. Jurors III general could not be
supposed to bepoSsessed otai! those nice
elementary principles which presentthem
selves on important cases, and TO nd
them the Bench are constituted as der
legal CounScl,ors. The Jury are there
tore 10 apply the facts iii the case 10 The
rules oflaw given tothem by the Court
and if they disreSarded them, though
perhaps they might legally so do, yet
IL Ut NJ -
which were we'll and truly TO try the cause
as well accordiRg 10 iaw as by the evidence.
The learned Judge then explained TO the
Jury the crime of murder as dehned lly
the best authorities and afterwards pro-
ceeded INTO an examination on the defence
set UP by the prisoners Counsel, part'Cn=
Iar(y thai part which was designed To ex-
cuse him, under an idea, that lie had
. receiUsd orders to run Gny ,naa through the
Jofy 'oho sa0Utd Insult or disturb htm lchen on
duty. The Judge declared all such or
ders except, pt moments of peril or other
extreme casss) TO be Illegal, and the officer
who presumed IN give them would be iia
bic i'll law ii i'll consequences resulted
thereirom. While he contend,d for II
gid discipline and subordinatiom in the
army and the navy, yet officers and PR
Yates ought ncVcrto lose sight oi the prln-
cple, that g Ce lire ,mder gorenniest Of
laics cnd not Of mes"-and therefore that
this discipline and suboTdinatlon was to
he maintained and kept up, IN exact con-
iormlty 10 the letter and spirit OF those
rules and regulations which the Wisdom
OF the Legislature had defined, ana be-
yond which neither officers or privates
could outstep but at Their peril. Ga a
reference 10 the laws for the creation of
the navy, and afterwards defining fhe
powers of II granted TO maintain dIsci-
| pine and order, IT would be perceived
| that the Legislature had been as clrcun-
spect and cautious TO guard against die m
| PRODUCTION OF tyranny and oppression, as
! II had been TO preserve peace and due
| subordination. Such crimes as they had
esteemed worthy OF death, Kathleen care
| fully marked down; those left 10 be pun
| lshed atthe discretion OF Il court martial,
| could not be punished capitaliy; aud
| VIII re punishment was confined 10 the
| sole will OF commanier, it wGS ertye1,e,g
! hmtied.--in despotic governments, tie
| lives of men might be taken away at the
| pleasure Of an individual.-il was not SO,
| 1t could not be so under the constitution
and laws of the United States-ihe con-
stltution knew of no such right-The Pre-
| Sldent Of the United States was vested
with no such power-Hence then, con-
! tniueu the JuN1G, as TIE WisuVn OF tife
| Legislature bath displayed such caution
and circumspection IN It's regard to the
lives and characters of It's citizens, ii must
is OF necessary consequence follow, that
no officer could or would presume 10 pass
an order to the lowest grades among the
army or navy, giving them the power 10
assume the right of Judging when II WAS
proper to inflict the punishment ofdeath
"A punishment which ought never 10 he
inflicted, but after the most so.emnInVes-
tiga;iOn, clesr conviction, and Tor very
/ great Oiiences.--No, continued tie Jud ye,
such orders Il presumed 20 nave been CIV
en-, were as absurd as they were illegal
The law knew of no such right, and Il
any officer should give such directions rs
were here commended had been given, he
will be accessory in the offence, and
hrIs ia tit subject for punishment, II
death were the consequence. jnls q
Bird cement OF lire powers ctcither officers
or sCnilne!s, did not initiate with dIsei-
pine amt subOTination which lie, aus
all our fellow citizens wished to have
maintained in iic military and navai es
adjustments of our COUutrS-if spirit
Characterization at any time discover
ed Itself, he hoped the actors woud lc
severely punished, BUTT must lie dom ,
continued he, 10 the Ic..nner and form
prescribed BY the laws, winch were ain-
ply sufficient for the purpose, but not ag-
cOrdlmg 10 thc Gibbs and flows Of passion