Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-03-24

Ss 8 Is - lasS
RICHMOND. THURSDAY. M1RCH "a
Henrieo Superior Court Cr,minai Term.
y" tuesday, the case OF James w. Marshall charged
with shooting WIN. Gait, SC. came before tho Court,
Judge May presiding Mr.. Lyons, the Common.
Messrs. Chapman johnson AMI b. Watkins Leigh 10 be.
halt Of the accused. The indictment bsing read and
j. w. Marshall haviog plead in the usual FORM Mr.
Lyons rose to continuance Of the case upon the
ground that WIN. Gait material witness and was
unable to attend the court.
This motion gave rise 10 some discussion between
Messrs. Johnson aud Lyons-The Judge then deliver
cd his opinion at some length-yielding to the mo-
tion aud continuing the case until the Of the
Criminal Court 10 be held on the 7th of June
We have already stated Mr.. Lyons's aversion TO en-
gage 10 this cause account OF his peculiar situation
Gas one Of the Managers to the Ball Of the 22h where
the controversy originated, and one of the witnesses
before The Examining Court )-He wished 10 resign
his Office OF Public Prosecutor sooner Than engage in
Il. Bu', on Monday morning., Judge May stated to
Mr. Lyons, from the bench, tina, with every DISPOSE
ticn 10 con'ult bis wishes, he had been compelled by
sense OF duty to decline either the appointment Of
prosecutor pro fempore the ptance Of his resg
nsiion The which had prevented his being able
to procure the services Of his profe siona
would probably operate with greater force II the app
cation made by the Court-and yet more IL Il was
accompanied by an offer Of the only iuducemen 10 lie
power the public allowance TO Mr.. LYONS On this
ground, the Cour, had refrain,d from requesting anv
Counsel in particular to appear for the Common
III Mr. LIS resignation were to be accepted, the very
causes which had led TO it, would probably prevent the
Court from obtaining the most suitable successor I'm
Willingness 10 take the Office from gentleman who FL
led II so ably, aud advau,ag sousiy TO the public
aud reluctance to encounter the disagrsabe pro,ecu
ton which had prodneed the resignation of Mr. L..
would very much narrow the rauge of selection in FL.
ling the vacancy. The discretion with which the
Court had been clothed by law, to refuse resignation
would seem to have been conferred with a view 10
such asate OF things as tho present. And il was ad
&c That the Court strongly inclined to the op,n-
lon that II would be more worthy Of Mr.. L. and more
daa Ia In tha ntth u:sL
case as the general business Of the Common
In the Court, that he should decline appearing as
witness and conduct tbi, prosecution"
Mr. Lyons replied 10 this efect-,hat respect for the
opinion Of the Judge, in question about his public du
ty, would induce him to adopt that for his guide not.
withstanding his original repugnance to condue ting
the ease aud that II he were unable to procure the aid
Of some of his friends. which he now found wa. mo-,
to be done, he would not shrink from the duty thus
required Of him
The Law requires a certain notice of the Attorneys
intention to resign IL is thirty days-and that could
not have been given, because The case itself Is not
even thirty days old, and the Attorney could II have
foreseen the difficulty in which he ultimately
placed. On Monday afternoon, we understand tina,
Mr. Lyons made another eff,r TO obtain a substitute
and in this he had the assistance Of the Judge; but
owing TO peculiar circumstances, tn at application alec
The Court adjourned yesterday.
MIR. LIVIJVGSTOVS SPEECH.
We devote large portion of this days paper TO Mr.
Living'ton's Speech on the Turkish Miss,on-We
snouiu nave been Deter pleased to take the Debat
In regular order-but zoe giue it get it, Messs
Tyler's and Livngsen's the only Spec ches ia
print.-We have already published Mr.. Tyler's-and
we shall follow them up with Messrs. Taze wels, For
syth's, &C., az soon as they are published.
Mr.. Livingston always speaks weli--yet ON the pre- .
sent occasion, we cannot subscribe his general prn
ciple We do BOT recognize the accuracy Of tho dis
tinction which he draws under the Constitut op be-
tween the power to appoint Ministers, and the DO W.
to make treaties In the exercise of this last power Mr.
s. claims for the President the power to ap on not
m n pnhI Msnt,t
he is moreover pleased 10 call the appointment 10
netc Mission, during the recess of the Senate, the
filling of an original uacancyas If there could be
q rdcdncy. where there never had been previously
any such office in eristsnce.-We cannot subscribe to
Mr.. LIS doctrines in these respects.-We will no,
justify therefore, the appointment OF the Commission
ere 10 Constantiuople but, at the time, il mus;
be admitted, that the precedents which he cites for
sending Commissioners TO Barbarian States, contribute
agfod deal to palate the which has been
charged upon the present admnistra ion. To compare
the enormity of such act with that of the Panama
Mission, would be to lose sigh of all just distinctions
between the two cases.
There have been other distinctions drawn in this
case.-Io Mr.. Tazewel's Speech against the Panama
Mission, he shows that there is no analogy between
Minister to Panama, and Secret Agent, or Commits
sioner to Algiers:
says Mr. IT, shall make upon il, wiz the
appointment of Com Jone is that according repre-
senaon given Of it, agent sent to baba-
ran people, who been
on as power S so
DENTS the same whether exered reference cvz-
Minister who has been employed negotiate peace, or
for thing else, with Indian iribe whether dwelling within
without tertorywhetber Usage Seminole has ever
been laid before the Senate for their consent.
Ihey all considered President and not
public Ministers of the peopo with tho
Be- 0 @ not so "o @ w;
why this must and ought to DO although would
show It, merely state the fact which conclusive prove
that the Of mission Ags ChOctaws can ne
yer be a prcccdeat to justify mission to Panama.
sat the time this transaction appointment Com
Jonesl some existed to aPPrehend that plan
United States was KNOWN Euopeanpowo would
kept profound Mr. Jefferson, Secretary of
in the instructions intended for Com Jones'
anguagoSupposiag hwart our
cabe; have thought advisable that the knowledge
appointment should with the President Mir Pnckuey
sel for which will that the
all hand writing; for the reason
recommended to and that from public
noticed Now, tho idea Of Minister too
absurd to have entered such head Of either
Minister but secret agent of the Presidents and
pessly styled in tho instructions intended for him.
after made Upon his death Mr. Barclay
10 the situation, with the He too
died re eeta and then Mr. Humphreys, Minister Ponpo
which he accordingly accomplished"
Mr.. Livingston attempts 10 show, that Turkey, like
Aigers is Barbary State and therefore the princ.
pie applies 70 both.-But there IL certainly disfinc-
fton again between the two for though they are
usage OF Europe, Ministers regularly sent 10 the
Porte, but never to the Dey.
Another distinction, toe, lie drawn in this case of the
Turkish Commissioner. To undo rstand it, we cite the
following passage from the last u. 81 Telegraph:
"ln tie Gaze before us, IL Is understood, that Mr.
Tasswell. at an early day OF the session, informed
Mr. Vdn Buren, that he could not, by any vote of bs
mission. Tha, his opinion upon the construction of
the Constitution was not only deliberately f,rmed