Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-04-22

ton, and did neither s.ruple nor fear {.
commit open injustice.
We may safely infer, however. that th.
public discussion of causes is one OF the
best modes OF securing justice in the deter.
mipalion Of suits--our own courts, and
those OF the country from which our juris-
prudence is taken. and the acknowledged
character Oft decisions of which for such
number OF centuries, afford incontes,ible
proofs of it-and the sedulous care with
which the greatest judges-evea some G.:
the highest prerogatve men On the British
bench--bave guarded against every thing
that tended to secrecy in the proceedings
Of courts of justice, are ali so many proofs
beyond controversy in favor Of the utmost
publicity.
A remarkable instance OF this occurred
on the trial Of the duchess of Kingston, for
bigamy. This lady being The wife OF
peer OF the realm, was consequently tried
before the house Of lords. All the peers of
England were her judges, under the drec-
ton of The lord high steward, named for
that purpose by the king, his dignity end
Ing with the trial. The theatre of this
grand scene was Westminster Hall, whose
spacious enclosure was not sufficient for the
crowd of spectators. The principal evi.
dence on the side of the duchess, was a
bed-ridden old man, whom it was impossi-
BILE TO carry out Of his chamber. However,
the deposition of this man was so favora-
bic to the duchess, that it was indispensa-
bly, necessary towards the gaining of her
cause. What was TO be done? She de-
handed of her judges, that they would
please to appoint judicial deputation to
receive his testimony at his own house.
This was favor indeed, unknown in Eng
land-but yet it appeared so equitable to
number OF the peers, that they were about
TO make decree for that purpose.
The earl of Mansfield, howeyer-then
lord chief justice OF England man, who
to the eloquence Of Cicero, united the most
profound knowledge Of the laws of his
ceuntry-perceiving the intention Of tue
house, rose from his seat. After having in
formed them that il was his wish 10 allow
to the accused, all proper means Of justifi-
cation, he painted in the most lively colors
the prejudicial consequences of such an IL
legal favor; he observed that precedent
like this, the authority of which was always
so powerful in Englishcourts of law, might
thereafter induce, and even oblige them 70
consent.o similar demands ;that in all pro-
cesses of great importance, there were sick
witnesses, he said, who wished to be pri-
vately examined and would it not be
easy, he added, to deceive or seduce a small
number of men entrusted with such a COM
mission, or even, perhaps. to procure the
election to fall on chosen few? lie end
ed by saying that such an innovation would
open the door to venality and seduction :;
that it would give mortal stroke to the
national liberty that it would endanger
the right Of property, so sacred in Great
Britain, and even the lives Of their fellow
citizens.
TO comprehend the full force Of his rea-
soning, it is sufficient to observe, that, in
all the courts of justice, the sentence almost
entirely depends on the dispositions Of wit
nesses, and that the oral testimony of one
single evidence is OF more avail than thou
sand documents. The speech Of lord Mans
field made the most lively impression on
his audience. Those of the peers who
were the most jealous friends of the dutch
ess, Immediately desisted from their de-
mand, and her eloquent defenders became
silent.
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