Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-10-05

NJ. Nsteineuii, the Advocate General, thsn
addressed the Court.
On the motion of NJ. Bayoux, who il to plead
his own cause. the further proceedings we're
postponed till tomorrow.
PARIS. Aug 2.
Court Of ASsiEP.-TRIAL OF PRorEssoR BA-
NOcN.-1he adjourned proceedings were re-
| sumFd yesterday morning nj 10 O'Clock.
MIR. Bimard. supplement juror, was substi-
tuted for Mr.. Bourndon who was fined 50Of.
tor beiu. absent.
ordinm lie stated, that his defence would rest
solely on facts aud that he would not initiate
The violence and outrages OF the prosecutors.
IL was not his intention To exculpate himself,
as lac could discover no accusation but he
complained OF the illegal seizure of his pa
pers, and the vindictive character of the whole
proceedings. The imputation against him in
.ne hfst application OF the public prosecutor
Ian oeen withdrawn, and he therefore had not
TO combat 1t. His house had been ransacked,
seals placed on his apartments, and his written
thoughts taken from him by violence ; aud vet
II was openly admitted that he was guilty OF
no oHence or crime nm respect to the charge so
Drought against him. He might have appealed
against tue decree of reference but in that
case the anxiety of his family would have
oeeu Tor some time farther prolonged, and he
wonid have appeared to avoid coming before
Jury-an institution which in all his lectures
ne nau always represented, even with the
modihcat,ons IL has undergone i'm the present
cohe, az The palladium OF liberty. liz was
thereiors, his duty, when an opportunity offer.
eu. TO put IN practice his own lectures. The
opJecf OF the prosecHtion, he cOnteHdrd was
10 attack through him the whole system of
puonc instruction. Was he to be regarded as
criminal for having censured IA penal code
winch was tue work ofa despot2 that man of
terror, wbomthe people received with so much
Joy, aud so quickly abandoned the man,
whose hrst conquests in Italy exhibited him To
the world as IA devererl He saw around him
ii nation calling for social organization and he
gave them nothing bat chains every thing
that Ind been noble aad generous in our laws
was effaCet, and the institution OF the Jury
was completely degraded. NJ. Bavomx thei,
proceeded to discuss The disorders in his class
OF Nth OF June. which he attributed to the OFF,
clous interference of the Dean TO suppress
the natural ardur With which his youthiui au-
ditory appiaaded the subject OH which he was
desSantIng. The remainder OF NJ Bavouxs
speech consisted chiefly of criticism and
condemnation OF the course which the proceed
iDgs az ainst him had taken
vi. fereu, counsel for NJ. BavouX, spoke
next, he coutended that "A professor was emil
,,eu To condemn the laws lie had TO examine.
lie reminded the Jury of the bitter attack which
even M. Be!lart had made on the election law
whose speech thehgh not spoken i'm the Cham
per OF Deputies, was printed. Inc penal code
NC observer, was dieested by tyranny. Bona
parte was tyrant. Yon know tho man. and
you know that he did every thing for his per-
sonar views, aud ioT the Interests of despo-
tism."
Nj. DuBin afterwards shortly addressed the
Jury in defence of NJ Bavonx
Inc President recapitulated the evidence
a'ter which the Jury retired, and in half an
I'our returned verdict-not guilty. which
was received by three distinct rounds of ap-
plausc.
Nj: Bavonx quilted the Court accompanied
ny ahout 80 yonihs, eNclaiming " Long live
BavouX. Surrounded ny this brilliant retinue,
he passed along the Pout Neut, the Quai de
Ecsle, HE rne des Preteres, and proceeded
TO the Oraieire. where he mounted hackney
Chariot, and from thence. rs from triumphal
car, saiuted those present, who followed him
With theiI eyes as long as he could he seen.
We recollect having witnessed d similar pa
rade during tue revolution with this differ
ence. however. IN favor of NJ. Bavoux, that
while the former inspired horror, the latter
only excited pity. [Journai des Dtbats.
A crowd of students Immediately surround
ed NJ. Bavoux, and made the hall resound
with their applause. He went away, however
accompanied by only two or three friends,
through the private staircase of the council
Chamber, and there was no disorder.
Gazette de France.
The President had scarcely announced the
conc'usioh of the sitting, when applauses and
Dravos were heard IN every part Uf the hail.
Nj Bavoux was Immediately surrounded by IA
multitude OF barristers and young students
who expressed their lively satisfaction at the
the Hobbies of the Palace of Justice, mixing
WITH their VACCINATIONS the cry of +" Vire IL
Roi Z" (Joxyn.I de Puri,.
From the Ne,o York National Adrocate.
Ihe following important law case was lately
decided by the supreme court of New York,
IN Aagust term, 1919.
The United States ys. Dyer Lafhrop.-This
was all action of debt tor the % en- atty imposed
by an act OF congress, passed I'd of Aug. 1913,
laying duties OH licenses TO retailers of wines,
spiritnous iiqaors aud foreign merchandise"
The defendant was charged with retailing one
gill of brandy, without having applied Tor and
obtained a license, sc. in manner "a by said
act is prescribed. The defendant in;erposed
plea IN abatement to the jurisdiction Of the
court, to which plea, the attorney in behalf of
the United States, filed demurrer.
The cause was argned in the city of n. York
IN October term, 1918, by Jonathan Fisk, Esq.
district attorney for the u. States in support
OF the demurrer, aud Isaac Hamilton, Esq. tor
tile defendant.
The principal question discussed on the ar
gument was, in substance, achefher the iars of
congress coWerrihg the pouer, or Imposing the
duty upon the state courts, TO entertain jarsict0n
Ia such cases, rere constitutional or not
Inc court, after having held the case under
Amusement, uGtil the Hast term ut Albany, rem
dered judgment for the defendant. But as
the report OF the case at length, with the Opt
nlons of the judges (Which are nnqnestionably
written With great ability will shortly appear
IN JohnsoDS reports, all further statement
thereof is at present omitted.
This case las been well considered and this
great national question, so long and SO much
asitated ia other cOurts-in congress and in
the public Journals and elsewhere, haS been
al ieHH'h determined ~ thlS state, ana II may
now be considered as settled, Cat least in the
siate of n. York, that our courts will not en-
force the penal laws of congress, nor consider
themselves as" inferior courts of the United
STATES in the sense of that term, az used in
the federal constitution. IL Is believed that
the reasons for this opinion OF the court, when
published, will meet with an almost universal
assent. II is understood, also, that in the
couTts OF several ~ our sister states, (partcu-
larry Virginia, Pennsylvania, Maryland and
OhIO.) opinions have been delivered i'm aCCOr-
dance with this Judgment of our supreme