Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-01-01
DOMES TIC.
CHARGE OF CHIEF JUSTICE PARKER,
In the Case Of the Commonwealth VS.. T. Ly

1t was unfortunate, he said, that there ever was
occasion for this prosecution. IL unfortunate,
TOO that after il commenced, there had not been
some amicable disposition of r, upon explanations
not derogatory TO the honor Of the accu eel, and
yet satisfactory TO the feelings Of the party ag-
grieved TWAS very aPparcnt, from some of the
evidence III the case, that, but Tor the interposon
oil some point OF etiquette TO which importance had
oecn attached, such disposition OF il would have
taken place II Is one of those prosecution, which,
though public in its character, yet as il is instga
ted by an Individual as much to protect his own
character az Tor the public interest, an accommu-
dation would be permitted by the court. But the
: onor OF the gentlemen IL in their hands; and
II that Is thought TO create nsuperable barr lie
between them, we can only regret that The con
Toversy must be terminated by the aiti,1a ratio
Of peace able citizens verdict OF the Jury of their
country. Ia other parts OF the country this ultima
ratio might have bsen of different kind No
case could be presented to jury with less
TO apprehend that their final opinion would be
founded upon any thing but what ought always
to be its bass-ihe ia,1 and the eUidsnce.
The Gccuser and accused stand before you, gen.
uemen, with high claims upon your consideration
and respect. The former has brought much rem
utaton and dignity to this his adopted state by his
eminent talents in every department where he
has been called 10 act. His name has purya,ed
every part OF the Union, and the fame OF his tai
ents has gone tar beyond its limits. The latter is
native OF your own city, has been deservedly
iavorite OF the citzsns, AMI has been highly use
iui to the commonwealth in civil and military de-
parment' AMI in support o. those institutions which
are the pride and ornament OF the city. Between
such men it must be unpleasant to be called OH 20
decide; but the law has summoned you to this duty
and you will discharge it faithfully; is there any
reason TO apprehend that any political feelings or
circumstances will influence or peryert YOUR ing-
ments?
Though great political struggle has existed. il
Is now over, and, believe, has, in this part of the
country left much loss of bitterness behind it, than
any preceding conflict of the kind. We know
TOO well the value of indie pendent opinion, and es-
innate too Justly the free right Of suffrage TO cali
in question the honor and integrity of those who
take side different from our own An admins
tration man and jackson man can sit side by side
receive the evidence aud arguments ola caIlse-
and agree or disagree in their results without anv
reference 10 their past political differences Such
ought 10 be the case in country like ours-such
believe IS the case; aGd with respect 10 those nor
litical events of past times, which the Prcsiden
has seen t after aburial OF twenty years 10 spreai
before the nation, of which disclosure the present
prosecution 10 one OF the first fruits, the young
who know nothing except from the Pre- :deiit's
communication, when they see the names Of those
who are branded traitors, will smile witt, mere
duiity; and those, who old enough 10 have
been partakers in the plot, will withhold The ex-
preston OF their opinion until fit occasion ari g..
10 divuIgeit
The case before you gentlemen, is prosecution
| by indictment for libel, and libel of political
bearing and character. Prosecutions of this ma
tute have, both in England and in this country
been the source Of more trouble and disuuiet than
any other. They excite the passions and feelings
OF the friends and PaTtisans of tose who are i'm
mediateiy Interested, and the contagon il apt 10
| spread through the community.
| The liberty Of the press is alwaysa subject of
| discussion III such cases, and this is subject
which more than any other, engag IS the public a..
tenuon and interests the popular feelings And
very justly-because the press is he chief engine
to create and sustain CIVIL political and RELIGIOUS Ii
| berty
| 1t has been truly said that no country, where
| there Is Tree press and educated people, can re-
| main long under despotic government: and ne.
| lieve that no country, without such press how
ever popular may be its forms and institutions can
long remain free. il is the sustaining vital prn
| cipic OF ireedom--it prociams the vices and a.
buses OF government-the rights OF the citizen
| the merits and dement's of rulers-and these are
its proper and legitimate offices. He who would
restrain itin the exercise oil these functions COM
n's treason against the fundamental principles OF
civil liberty.
| But the press is not invested with the poy,,er or
right OF invading private character or of c;rcula
| ting faisehood against public or private men. I.
may PTonnls't. truth however harsh or severe,
| with good purpose, and with an honest viewtoex
pose or reform; butt cannot with immunity md
me carp OF good motives, and justitdbe ends tra-
duce and calumniae. Powerful as the press is II
| mas master; tatmas:er is the Law, which when
| 1t transgresses its legitimate bounds will p,,pisb
the transgTesson.--lt may be difficult accurately
TO define these bounds; they contract or extend
with the subject, about which il treats Each case
stands almost independently of every other de-
pending upon the fact or circumstances which he.
long 10 II, and hence the principle now universal
! ly acknowledged in ibis country, aud in England
! that the jury who are selection from the Deopis
shall determine the whole case, both as 10 law and
TACT, by general verdict of guilty or not guilty
unless they choose 10 refer the matter of law 10
| the Court in the form of a special ueytlict
| lheTc nave been great controversies upon tbis
saojeet, and the highest order Of talents exercised
npon'it Until quite recent period in Eneli,I,
history, the Judges arrogated TO themselves The
right TO determine the criminaiy of an alleged II.
Del, leaving to the jury the power only of finding
me fact oil publishing, and the truth of the inuen
| does. But in the late reign Of Georae IIJ hv
act of Parliament, the whole power of determ;n.
ing the facts and law has been vested in the iurj
believe this was always the ayy with u.s. il
certainly Is now 1t never could have been other
wise IN practice whatever might be the tlieorv-for
the jury have always had the right 10 return a ye
| neral verdict, which involves both law and fact
ana when there was acquittal, there was no
power IN the Court to suspend or defeat their YER
dict.- win this popular guard over the rights of
the press, and the rights Of the CITIZEN the system
IS sale from any thing but occasional errors which
! th9ugh 10 be regretted, will scarcely be able 10
right 10 The advice anG 6,,;nion Of the Court upon
all matters Of law arising in the course Ct the
ulas; ana indeed ii Is the duty the Court Ia rive
such advice and opinion, clearly and distinctIv in
oFdcr mat the jury, with whom is the final res,
pons!oihty, shall not excuse themselves from, an
erroneous verdict, on the score of igIorance
! ne decision OF ilIe cause then, gentlemen rosts
en.re'y WIN you, and you must act with the in
teiiigence aud discretion, which the occasion de-
wands. w
1t IS my duty to state TO you the leading pripci.