American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1825-08-16

or fears Of those who we're to uphold it, was sim
nj. anpeal made by nv counsel, purely out OF the
courtesv usual on such occasions to the candor oil
an, Judpe Advocate as the law adviser OF The Court
anon the validity of the exceptions to the second
charge. :.
Ash. and every person present, with whom
have compared notes, most distinctly and clearly
understood the passage OF the transaction aiiuoeo TO-
nv counsel was insisting upon the right OF repty
IT, contrary to his expectation. any answer shou.u
b. offered to the advanced, in support OF ms
exception 10 the charge and specifications; ano' az
Ter exolalnng that, according TO all Judicial prac.
lice the RICH, o! reply lay with that party VINO hau
originated the notion and supported 1t oy an open
ing argument, he qualified his application 10 INC
Court by saying that he really duo moi ah.'e'pa'e q
ssy for any such reply in that instance, as ne
entertained very confident hope and expectation,
that the Judge Advocate, when he should nave oe'
lyhera,eIy considered the question, would candioiy
admit the force of the objections, instead OF at
tempting 10 answer them, and would abandon the
charge and specifications. as untenaole.
WHY such an appeal TO the candor OF an oppo-
nent should be abhorrent to the principles, upon
which this pros ecuon is conducted, concerns only
rim or them, to whom the conduct OF the prosecu-
t;on ia entrusted. ! ask no favors, no concession
nothing, in short, but the strictest oeot OF suce'
cast no by The hardest reckoning: nor have ever
desired TO wrest i. from any withholdcr by other
shan the moral force Of law and justice. AS 70 me
menace strongly surmsed, II IS SAID 10 DC inier
red from some expression in the written argument
Of my counsel. Whatever be the exceptionaole
passage in that document it now stands recorded,
for the condemnation the acquita oil It's autnor ana
dspenses me from any explanation, fufther IMAM thst
/ have looked in vain for the passage from Which
any mind not afflicted with an extreme suscephoili
" of offence, could have inferred menace. ~
ery well yisher to the credit and success OF this
hone that character Tor name
end determination, should rest upon some less
eauivocs evidence, than the power to Withstand the
instances OF this shadowy phantom OF menace
As vet, certainly, no inErmity OF purpose, IN the
course Of The prosecution, has given ground Tor
any doubt either of the active courage or me pas
Siye fortitude By which II is upheld ana shan oe
the last TO uudervaue the efficacy OF the tremendous
ordeal to which those high qualities seem to have
been voluntarily destined by the manner IN which
lhcy are exerted upon this occasion.
8. I nm also charged with having taken refuge
rnder nice cavs OF law and grammar with having
taken advantage Of verbal criticisms and legal tech
aicslies, 70 escape The legitimate consequences o
the charge and with having manifested more oreae
Of punishment. than sensibity to character as !
were wiling to go forth acquitted by the Iudg
yneot of the law, but condemned by the mora
sense OF mankind unpublished IN person out Tar
a:shed in fame. To little purpose indeed have
:, long lived and acted IN the public eye II ther
exist man who could, 10 his heart, entertain tn
suspicion that could incur any more grievous pun
ishmrot in this life than degraded nsme, or coul
aspire to any higher reward than pu conscIenc
and spo,less repu alton But lift were otherwise
and il we're true that could have been reproache
with design to escape investigations by Resin
upon any legal advantage, It IS without preceoen
believe, either in England or 10 this country mi
the law officer of the government, charged with IN
conduct Of public prosecution, should have a
fo aff1x a stipm2, TO the character oil tf
accused, as a substitute for legal conviction ar
punishment or it there be any instance eiths
among the crown lawyers OF England OF the Law
officers of the United States, Of any gratuitous il
Election upon the feelings Of the accused 1t has oet
held W as beacon to be repro5aied and avoide
rather than an example to be followed ih7 n
name dictate of public justice, in every such ca
is, that the law and its ministers, either Iudicia
ncquit, or judicially condemn, without quaihcato
whom the law acquitteth, its ministers presume q
20 condemn; but for every moral offence. wine
the copnizance of yindictive justice, the party
RENTED TO his conscience. end to the bar oil pup
opinion But in this case, my exception 70 !
charge turned upon the utter absence OF any imp
tston either of legal or moral guilt. and upon !
vague and uninleligible phraseology OF It's tern
or in Sc far as any ineligible point OF accusatl
could be deduced from it, that il hinged upon r
mute and frivolous fault findings, altogether oenei
the dignity of judicial anmadsersion. And n
that this long rod of investigation has had its
swlng; unlimited by time place, or circumsanc
every anticipation of the iriyoousness and want
gravity in the essential matter OF the charge,
more than verified in the event.
The defence then proceeded to review and {
euss certain questions of legal and critical rep
which had been the subjec, of an elaborate and
.eresting controversial argument between the co
sel Of Comm. Porter and the Judge Advocate
which had been brought by preliminary
eep,ion to the I'd charge, in the nature OF mot
50 quash an indictment or criminal Information