Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1817-04-25

| be found guilty, nor can he be com.
| oelled to give evidence against him
self that no man be deprived ofhis
liberty, except by the Law Of the land
or the judgment oil bis Peers
That by an act Of assembly, pas.
sed the fifth Of December 1885, en-
titled =" An act declaring that none
shall be condemned without Jury trl.
al. and that justice shall not be sold
OF deferred tho Legislature ex.
planned its sense Of the Heanins of
the above recited article Of the Bill
of Rights, by enactings "Ihst no
freemen, shall be takeR, or imprison-
ed or discised of his frcehc'd' or
liberties or free customs, or be
out lawed, or expelled or other
wise destroyed, nor shall the COM
monweaitn, pass upon him, Dor
condemn him. bat by lawful JudS-
ment of his Peers, or BY the laws
of The land" That these defendants
are advised and insist, that any act
If assembly contrary to OF ioson-
sistent with tho said Bill Of Rights
or any part. or any article OF the
same. is unconstitutional void aud OF
none effect that the information OF
the Attorney General in this behalf,
is to all intents and purposes cri-
minai prosecution founded upon
the act Of Assembly referred to in
the said information and that the
said act OF assembly, is SO far as the
same cnacts and provides. that any
persou who shall contract any mar.
riage contrary thereto. "shall be Sc
parated by the dofinitivc sentence or
Judgment of the high court OF Cha =
Gerry. and the attorney General, up
on any INFORMATION made to him
of any such marriage. shall and may
exhibit a Bill to the Judge OF the
said Court, against any persons so
uaiawfully married, who shall be
corr PEELED upon oath to answer the
same and upon ,uch bill 4 answer,
and denosi;ions of witnesses, where
the same shall be necessary, The said
Court shalt and may proceed to give
Judgment, and to declare the nulli-
fy of such marriage. and moreover
may punish The parties by fine, and
if the said court see ct, may cause
the parties TO give bond with sutfi.
cient security, that they will not
cohahit hereafter, in any such penal
~ as the said Court shall judge rea-
Sonable Pro1ided Gl1cGyS. That
10 punishment by fine >hall DO i'm
posed on any person until the same
shall have been assessed by jury,
duly impaneiled at the har oil the
said court :" is penal statute au-
tNnrizing criminal prosecution in
= tae mode therein prescribed, and
IS contrary to & inconsistent with the
above reciteA article OF the said bill
sf rights. and is therefore unconsti-
tntio al, void AMI Of none effect: and
therefore d0th not vest in this he
norabie Court any lawful .iurisdic-
ton TO hear and determine the mat
!, tors in and by the said information,
orthe attorney General alledsed and
charged agaiast these defendants /:
and these defendants DO therefore
ibumbly demand the JUDI meut ofthis
court whether they oreither OF them
ought TO be compelled TO make any
other or further answer 10 the said
information.
To this plea there was a general
replication. and the cause was ar.
/ gued with very great ability b, the
attorney general for the common
wealth and by Mr.. Writ and MIR.
leigh for the defendants and II be.
ling late in the term, the fol lowing
decree was pronounced.
tBy the Chdacslt1r.
7 This cause came on this day to he
heard OH the information OF the at
torney general. on behalf of the
!,commonwCalth. and the plea of the
defendants. which the parties agreed
! might be considered AS demurrer
70 the information, and was argued
ty Council. on consideration where
Of, the Court being of opinion with
: the attorney general that if this be a
I criminal prosecution, this Court
should not entertain it the Court
r then hath only to enquire, what is a
5 crime 10 come at the character