Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-09-28

a master caJinct-n,aker. who employed colorcd
jOurncymcn.
Tho fourth count wac substantially like the
third.
The cause was argued by Conway Robinson and
Robert G. Scott, Esqrs. Tor the defendants.
Joseph Mayo, Esq, Attorney for tho Comm, on /.
wealth, argued it for the prosecution.
1t insisted, in support of the motion to
ruash by Mcssrs. Robinson " Scott, that the facts
charged in the indictments did not constitute con-
spiracy nj the common liw--nor did they SO under
our statute against conspirators. Tho true def
nision of conspiracy ii was said. given by the
statute OF the SD of Edward |, which was de-
clared by that statute to be the final def
milton of conspiracy; and which such an
proved writers Coke and Blackstone had adopt
edtlat statute against corspiraturs was copi-
ed as far il went, from the English Statute, and
docs embrace in lis provisions, such case as
this Ii admitted, that some modern writer's.
and many English decisions had enlarged this defi-
milton of conspiracy; but this was said to be
true exposition of the common law, but an innova-
ton upon it--and indeed one of tho I'm sh Judy-
es in "a case in 18th Easts Reports. page 22S, had
admitted this, and Frankly acknowledged that the
cases had gone far cnough-that these cases were
at war with tho principles of free Institutions
and recognized doctrines OF the most slavish and
degrading character--various cases were referred
to, for the purpose of sustaining these views, and
to show, that the modern decisions were i'm con.
flict with the definition given by Coke and
Blackstone, and irreconciable with them
scives:-Ii further insisted, that the agreement
and combination i'll this perfectly legal,
and commen8able--that if this prosecution prevail.
cd, there was hardly any association of individuals
that might not be made liable TO prosecution--thut
instead of being censured, the defendants should
receive the appreciation of all good men, FOR their
efforts to elevate themselves by withdrawing from
daily association in labor, with colored persons
that must result equally to the disadvantage of
both classes, &C.
Mr.. Mayo, tho Attorney for the Commonwealth
replied to these arguments with much zeal and
force, by insisting that neither Coke Blackston
undertook to give complete definition of conspi.
racy--they only give one of many cases of con
spiracy as an example, and not defnition-tllat
the Statute of Edward, was not made in dcroga-
tion of the Common Law, but only to provide for
some of the cases which were conspiracy beore:-
he referred TO Hawkins Pleas of the Crown, and
Russell on crimes, containing the true and full
definition, and many eases illustrating the correct
ness of that dcfntion-IIc insisted that any con-
federacy, unlawfuy to injurc another, u con.
spiracy liable to be prosecuted and punished a a
mlsdemeanor--that while there was some except.
ions TO this rule, i'll the case in 18th East, page
22S, yet they were few. He referred TO great
many English decisions sustaining his views, and
especially to the opinion of the General Court, de-
vcred by Judge Dade, in the case of the Com
monwealth Anderson, in 5th Randolph.
He insisted that all combinations affecting pub.
lie trRde were pernicious, and had been m
sidered proper subjects for crminal prosecution
and severe punishnont-that the facts charged in
the Indictment, especially the Sd and 9TH counts,
presented an aggravated case OF an illegal combna.
ton to be effected by illegal means; even to en-
dangering the order and relce of society. He dis
avowed all personal feeling towards the defend,
ants, but strongly protested, that their conduct
was entirely indciensibo, and highly injurious to
the community here, ifpermitted pass unrestran-
odby law, &c. This is but skeleton of the argu
ments urged by the counsel each side; i, is pre-
scented as SUCH The intimate bearing this ca SO has
on our mechanics generally, may probably cause
hereafter fuller and more perfect statement of the