Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1827-12-01
We perceive from t,e Richmond Wing OF w d.

We perceive from { lie Richmond Wing OF W u
ncsday tha the General adjourned Tuesday last r
question adjourned Superior Law oc this county
last SPRING. involving the right Of argue agas,
se'" of court before tho jury mserncano has
oeen decided Is stated that tho General
"u ' assntus have decided that counsel have such
and The decision quoted latitude than was
seems mas been extended to criminal trials
we 10 decsion u te ser1 oi M n ao9
" such as has been reported ought the Legislature, tn provide
o POSITIVE enactment the mansty
" "S construction: There principle universally
osnizcd or better founded than that which
eRus each country rs the sole and peculiar owny
especially its criminal laws. enactmen, of criminal CO.
" ' arrangement prosecution defence persons charged
with crimes no reference should policy Of other
@ we' derent circumstances have produced greater
goiuher than TO improve may have bean
es committed This restriction of the privileges counsel in
' Soton OF the righ'a of tho client Of
defence are diminished The RICH; except 70 an erroneous in
S"o"n Is The only alternative left him. no.
ways ecnnl right of thriving Lis
ca audged by his An exception removes the question o.
La" beyond the jury and submits il 10 me
decision OF Judges who with all the integrity which our
frau nature POSSESSES, often influenced by an unconscious has
e may De naecur"icy stated in the exceponst made
out and sanctioned by the Judge decision is mpurn.ap
10 he considered with the colong nperectons which NAV nj
e"' h ny m appellate tribunal Of whom the former
s'uent member We hope the distant but il may come
whcn doctrines which have prevailed
criminal prosecutions he-wen tho rv shall h
regarded apIendlg Court whose business it is only
TO find the facts charged court determines "a n
he ctn'naly The ANTON of Law aud fact prosecr
close nSepcrable. Crime
moi merely in the construction Of application ss
cordng 10 judicial interpretations given act, Up,u ,n
ton OF guilty not guilty. them to us TINT the en-
CURRY of jury would necessarily cer,n extc, bn
suetion of Law jury then, right 10 ;u6se a. Law
Fact not only because then precuies further ena
ot because the a" enters of ,
iueo winch they mast decide To eJper,ncn
IN crnna prosecutions it must be apparent is
VI ec decision OF the Its authority y,uId he
ufcent guarantee for this little to be
from an argument where the instruction was sound md ~
rect we shall probably aiude further subject when WE
nave examined the decionthough that ncwpaDe
Is not tho most proper for legal disc ussou
Inc editions Of tue yhcbIrg Virginn are welcome
~ o" ah'rs IN their yaybu whenever in their zo, In
eo Tue 'rs oil other they shameless. md
ess PeVaclon we must lie permitted especially in ,r ,v, m
tcaon, to expose if we them We s,old mo, ~
MASKED the paiy trick By which hoped to deceiv. tine
~ toHr Madison's opinions, esrone-v anil h,
conpc'icd us in behalf undertake ,,.s
y though unpleasant oneor they f,rc o ~ ia
" " " eohNe nun whom they had an.opy
'"'' say "hat the editors Of the Vrgnan Intended
y '" S'ehoh OF mr. MS opinions, they prof,gcd +,
NAME upon ler own knowledge" leave them IN settle m
"a "h heir conccnces, while only Judo. of their m, v
~ o" 0oicI' IL is enough for sneyyn that thov 5
Ji''s-wc shall rejoice if they sassy their con-
sciences that they did intend it, ~
We shat MULTIPLY on this rnb;oc. ,rt. ,;, -,
NHgnian may hrle in their impoten wrath, and rotor, ~ m
erS The foul charges Of which themselves condc,
no OUT wrhhe under the torture OF guilt and va;
totc'Vc the san!whiciI indeIby fixed. They NAV ~ d.
ou spy -Dut u VIZ never out. wise ten ,,d
ooi WI" they cannot obiterae shuttle from them -,
en beware too lest they forfeit that remains T., them
Oi ''oi' friends the contempt Of their adversaries