Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-01-17

iefeSted counsel shail be allowed 10 persuade the
Jury, that they ought 10 take upon themselves the
knowledge OF the law and find il differently is in
other words, TO allow them to persuade the Jury 10
voia,e legal obligation, which, notwithstanding
It Is an imperfect one is not the less binding This
mas never been permitted; although in criminal
cases, especially such rs ACCT liberty or life,
very great latitude has been iYd,Trod to counsel
standing in most responsible and painful situa-
uon. Nor ought il ever TO be placed or any other
footing than that on which il has long stood: and II
the judges at their next term should reverse their
decision, aud adopt different practice. the Lcgis-
ia'ure ought Immediately 10 interfere and enforce
me wise distribution OF power, which has existed
for ages bctwecnju judges and juries.
Reason no less than authority sanctions this dis
trucon II is OF the last Importance that the laws
should operate uniformly and on all persons a.
like that different interpretations Of it should NOT
be countcnanced-aud that the rule OF conduct
should not be one none county and iii isrent one
10 anoiher ms certainly can only be attained
Dy maintaining the right ofthe Judge 20 determine
the law, subject only 10 the power OF The Jury TO
return General Verdict, which cannot he CON
troubled without sanctioning the hardship Of putting
person twice in jeopardy for the same offence
But, II Is one thing TO suffer an Inconvenience or
mischief Tor fear OF introducing greater and an
other, 10 provide the means of INCREASING it, Is
the Jury mistake or presumptuousiy violates the
law no remedy IS provided. The intention
OF the Legislature il frustrated. The wisest
laws become dead Letters, add no enactmentr
ny Tor the evil. 1t will depend, indeed upou the
relative abilities and ingenuity of the counsel for
the Commonwealth and the counsel for the accus-
ed, which OF the penal laws shall be enforced and
"hch not. In one county, such an act as the law
transporting free coloured persons and selling
them asslaves, for certain crimes; will he declared
unconstitutional; in another Tor in different ease
III tle same county, the power ttho Legislature to
makeit, will be upheld. rich man who can afford
TO employ the abiest counsel, will persuade a Jury
TO apply rule TO his case, which poor one under
the same circumstances win tempt them to do in
Vann-And thus and in many other cases the
greatest confusion, uncertainty and injustice
wiiI drey'h. But, suppose the Judge tho
uSh mistake or design, misjirccts the Jury in
a point OF law. The Counsel excerpts to his opin-
ion aud reverses it before Superior Tribunal
Suppose the Court in the last resort sanctions the
error in the opinion of intelligent men. The Ex-
ecIuve Tor the Legislature who best know their
own minds) pardon the accused-and more than
this as the erroneous Interpretation is known, that
oody, IN Its wisdom, sets the whole matter ria.t
by passing declaratory act OF new law Here.
men, IS no general mischief, and very h.te indi-
Vidual hardship Here the legislative will is car
RED into u effect; the laws made TO operate equal
iy-and the means retained, by which any occa-
siona alterations from the rule prescribed by the
supreme power IN the State, may be easily and
quickly corrected.
10 your wisdom it is submitted whether inllu-
enced by the honest prejudices of some men, or
the designing clam ors of others about the RIGHTS
OF Counses, the rig hts of Juries, or the rights of
Criminals you will in effect make the LAWYERS O.
the State the sole interpreters of your will and the
Judges cyphers on the Bench; or retain the power
IN the hands of those TO whom il propcrlvs sub
ject to your revision and control.
VIRGINIENSIS.