Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-08-11

all judicial pracuce, the rignt Oh reply
lay with that party who had originated
the motion, and supported it by an O.
pening argument, he qualified his ap-
plication to the Court, by saying that
he really did not anticipate necessity
for any such reply in that instance, as
he entertained very confident hope
and expectation, that the Judge Advo-
cate, when he should have deliberately
considered the question, would can
didly admit the force Of the objections,
instead Of attempting TO answer them,
and would abandon the charge and spe-
ci6cations, as untenable. ~
Why such an appeal to the candor OF
an opponent, should be abhorrent to
the principles, upon which this prose
cution is conducted, concerns only him
or them, to whom the conduct of the
prosecution is entrusted. ! ask no IA
vors, no concession: nothing, in short,
but the strictescdebt Of justice, cast up
by the hardest reckoning; nor have |
ever desired to wres, it from any with
holder by other than the moral force OF
law and justice. AS to the menace, so
strangely surmised, it is said to be in
ferred from some expression in the
written argument Of my counsel
Whatever be the exccptionable passage
in that document, it now stands record
ed, for the condemnation or the acquit-
tai, of its author; and dispenses me
from any explanation, further than that
have looked in vain for the passage
from which any mind, not afflicted
with anextreme susceptibility OF offence
could have inferred a menace. Every
well wisher to the credit and success
ofthis prosecution must hope, that its
character for name and determination,
should rest upon some less equivocal
evidence, than the power to withstand
the instances of this shadowy phantom
of a menace. AS yet, certainly, no in
trinity of purpose, in the course OF the
prosecution, has given ground for any
doubt, either Of the active courage. or
the passive fortitude by which it is up
held; and shall be the last to underva-
Inc the efficacy of the tremendous or
deal to which those high qualities seem
to have been voluntarily destined, by
the manner in which they are exerted
upon this occasion.
3. l am also charged with having ia
ken refuge under nice cavils of law and
grammar; with having taken advantage
Of verbal criticisms and legal technical
tiles, to escape the Legitimate conse-
quences of the charge; and with having
manifested more dread Of punishment,
than sensibility to character, as if I
were willing to go forth acquitted by
the Judgment Of the law, but condemn
ed by the moral sense of mankind; un-
punished in person, but furnished in
fame. To little purpose, indeed, have
/ so long lived and acted in the public
eye, if there exist man who could, in
his heart, entertain the suspicion that
/ could incur any more grievous pun
ishment in this life than degraded
name, or could aspire to any higher re-
ward than pure conscience and aspot-
less reputation. But if it were other
wise, and it were true that could have
been reproached with design to es-
cape investigation, by restingupon any
legal advantage, it is without precedent
/ believe, either in England or in this
country, that the law officer OF the go
vernment. charged with the conduct Of
a public prosecution, should have at
tempted to affix stigma to the cha
racter Of the accused, as substitute
for legal conviction and punishment;
or if there be any instance either
among the crown lawyers Of England,
or the law.oAicers Of the United States,
of any such gratuitous infection upon
the feelings Of the accused, it has been
held up as beacon to be reprobated
and avoided, rather than as an example
to be followed. The humane dictate
of public Justice, in every such case is,
that the law and its ministers, either
judicially acquit, rjudicially condemn,
without qualification; whom the law
acquitteth, its ministers presume not
to condemn; but for every moral Of
fence, without the cognizance of vim
dictive justice, the party is RENTED to
his conscience, and to the bar OF public
opinion. But in this case, my excep-
ton to the charge turned upon the ut
ter absence of any imputation either
of legal or moral guilt, and upon the
vague and unintelligible phraseology
Of its terms, o, in so far as any intelli-
gible point of accusation could be de-
duced from it, that hinged upon mi
mute and frivolous fault-6ndings, alto
gether beneath the dignity Of judicial
animadversion. And now that this
long rod of investigation has had its
full swing; unlimited by time, place, or
circumstance; every anticipation ofthe
frivolousness and want Of gravity in the
essential matter of the charge, is more
than verified in the event.
The defence then proceeded to re-
view and discuss certain questions of
legal and critical report, which had
been the subject of an elaborate and in