Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-07-29

be Is prosecuted for offsnee OF particular
he musi appear and axe his defence. The detail OF
the particular facts charged. with the accompanying
etcom,'Ances Of time and place, are supplied by the
preseDtment.
IFS t. the second alleged error: The court wu. OF
opinion. that criminal proceedings against infants oogh
In all cases, to DO conducted IN the manner as
against per.ons OF lu sge. Taat in hi, the de-
tendant he'd CHI TO appear in person, by etor-
ney OF his selection; snd ,hu the erred in
'going him guardian aud Try 'ng ,he case Oh tn,
plea filed by that guardan.
is to the third alleged error-wh,ch presents the
question on ihe matter vi exception. This cour, sa
The bill OF exceptions presents question of eon.ders-
BILE interest. And aLhoux the case might be .po.ed
Of wi bout decision OF t.; vet as there /, full court,
thought by Wsio i,y OF The judges, best TO eide
H. Iha' question s;-W IN a criminal cise; tn
rai 81 question OF ac before jury; where the evil
dence Is al on ihs side OF The CommOnw veal h, and il
utimpsaehed; and he sourt is Of opnicu, that il is
clear AID di"inct 10 the a;t charged, and cannot be
varied by argumen; may in is discretion prepent
the counsel the accused from arguing the cues ion
Of fact before thu jury. Il Is the right of every party
accused to be t.rd by counsel bis wboie case.
The credbiiity ofthe evidence, IL mol only material
but the most, II not the only material part of every
case which depends a question OF fact. OF this
ered'bry TIE jury alone a,e he judges, and they
may form their opinions, not only the characters
OF the witnesses persons of TRUTH but on their man
ner in giving their testimony on their relation to the
pares-thsir opportunity OF being correctly informed
aud on variety Of other circumstances, which NAV
be calculated to affect their Judgments The right of
the accused, therefore, he heard On his whole case
Involves direct the thy rgho be heard on the credi6l
ty OF the evidence against him. The fact that the ey
dence is direct to The point IL, ISSUE and must estab-
fish that point not, according il Is credible or not
sven though coupled with the iact that there no d-
rect evidence 10 impeach its credbiliydoes not alter
the principle. nor present to which the principle
cannot apply The only question may be, uhether The
evdehce credible, or not; and that question NAV be
decided, as above stated, from variety of crcumstan-
ees attending the CASE other than conflicting Testimony.
which circumstances the Jury alone are to weigh. To
deny TO the party, therefore, the right be heard in
case OF this sort, is in effect deny him all right of
defence whatsoever. Ii is not for the Court to say be-
torehand to what point the counsel TO direct his
argument. IL there be any point in the issue before
uhe jury on which their minds may be enlightened, or
'her consciences satisfied by argument the accused has
on undoubted right TO all the advantages which may be
derived from that source. This right would be utterly
destroyed ny allowing the Court TO prohibit argument
merely because in It's opinion, the evidence was so
clear that argument could vary it, Nor is this the
only case in which argument before the Jury might be
Oh Importance 10 the accused, however direct and I'M
contradicted the evidence against him might be. We
deem unnecessary, however to enter more at large
Into an Investigation OF the subject since we have no
dicuity in deciding upon the single view OF it above
presented that the Court has right to nhibt argu-
nent in the case before But while we decide thus
we are not 10 be understood restricting in any de-
gree the power of the court, TO prevent an abuse of
THIS, orany other right OF COUNSEL by exercising pro-
per conroul over the course of argument
The judgment OF the Superior Court of Buckingham
was therefore, reversed, all proceedings TO
the summons set aside and the remanded for fur
1her proceedings
ITO be continued)
TO THE EDITORS OF TIE ENQUIRER.
GENrLEMEN IF the friends OF ,criften Constitu
lions, as understood in the sense at the time of their
adoption by those who did adopt them ever hone
20 see them paramount '' safe precedents mon,
20 the tine-Will you not perform an acceptable SER
wee, at ts hme, 10 many OF the real friends OF the
Constitution OF the u. s., by republishng the Speech
Oh mar. Madison, on the power of Congress TO charter
the old Bank Few of the present generation of po
aeians have seen this Speech 1t was delivered very
aaasln lnI -
the principles upon which its friends indicated its a.
dopion, was fresh in the recollection of ALL An cx-
tract rom the Journal OF the Federal Convention shew
ing mat the power TO charter Bank proposed TO
De added TO the enumerated powers OF Congress- and
refused would, feel assured be also acceptable to
many of the readers of the Enquirer
The Bank is using all its efforts. These are power
full and address themselves to many, in a most inlpos
'ng ana potcsDuI manner 1t is upon the principles
OF TRUTH that the friends of the Constitution must rely
And the principles of the Constitution will receive
much calculation and strength, by view of the
opinions OF the Federal Convention, and of Mr. Mad-
eonso soon alter he had left the discussions which even
uated in It's adoption. None of its friends kne better
the sense in which 1t was adopted by them.-A COM
P'i'nce with this request will crafty siany Of the
" The Request OF our Correspondent shall be cheer
fuiiy complied with as soon as possibleand shall
also republish the clear and conclusive Cabinet opinion
OF Mr.. Jefferson on the same subject.-[EDIroRs
TO THE EDITORS OF THE EWOUJRER
TO The People Of Richmond and LynchbTg, and al
others ,ohOn it may concern.
INTERNAL IMPROVEMENT, No.
Few things have lately occurred which has oiven
more pleasure TO the Patriot than the movements that
making, in all parts OF the State ON the subject
OF Internal improvement.
No one can doubt but the time has now arrived when
Virginia, at least Eastern pirginid must either back
otH or go
feel confident that she will not back out except on
the ground that she can't how to 20 on; and one
great impeachment TO this is the difficulty of drawing the
attention OF The people TO subject have all been too
little in the habit o.. thinking about One reason of this
difficulty is, that il Is a subject which can't even be
touched in short Essay and few will read even if
Editors take the trouble 10 publish piece longer than
your hnger except II something touching the Cabi
net, or the Presidential election.
am not sufficiently acquainted with the subject 10
be able TO throw much light it, but read every thing
with pleasure that find, 'der this head in your pa
per; and my only hope is, that my crude ideas NAV
meet with similar indulgence from others of your read
ers, and may tend TO keep alive that spirit of enquiry
which seems TO be abroad and which is so important at
this time.
hitherto lost time by her datory ceilings in re-
iaion 10 Internal Improvement This matter therefore,
ought to be thoroughly investigated and hat too be-
fore the meeting OF the next Legislature MANY works
ibis Kind are now in progress in various parts of the
v. States, and L presume pretty correct information
could now be obtained, only as 10 the actual ex-
pense oil such works, but 10 their adaptation TO all
the purposes OF internal rade in the transportation of eve
ry article which mi ht seek markedly canal or locks
and dams river. Indeed il is said thew 20 beyond
this, and that in consequence of their speed even live
stock hogs and muttons for instances that travel slowly
on loot, may be transported profi'ably TO Rail Road
and much cheaper to the owner.-I confess was much
struck by this idea. don't find that has been tried,
but some accustomed to this trade who knows the
expeDce, the delays and risque of driving 100 bogs
weighing, say ten TONS 100 miles could easily saw what
would be gained lost by Transporting them over that
same distance in perhaps day the rate Of cents per
ton per mile. So far as can form an estimate il il In
var nj fhO all naH o1.a iii.