Litchfield enquirer., 1839-07-11
Rrom tke Ric1mondN Nh;r


 uatlons oi the Enquirer touching the zeal and devotion of this gentleman to the great Whig causes prove t0 be the coinage of the Editors own brain. We have seen letter of his to friend. in reply to one written to him upon the subject, from which we take the privilege Ofmaking the subjoined extract. It is fiat footed and up-tO-the-hub, and will to be reposed in the insinuations and staie- n1ents of. the Enquirer: l4 4
 "YOu have done me no more than naked justice in contradictiBg the report to which you allude, and which you state 10 have orig mated with Mr. Inever have de- clared preference for Mir. Van Buren over. Mir. Clay, but decidedly the reverse. re- gard MT. Clay with decided favor, and be- lieve that he would, if elected to the Presi- dency, give to the country wise, temperate and patriotic administration. He had been, from time to time, the subject of the grossest and most defamatory assaults but no man has gone more openly to work to vindicate his character than myself What may be the course of the Harrisburg Convention, which is to assemble next December, for tho purpose of nominating President and Vice President, I cannot tell: and all that Whig should do now, should be to express his pre- ference for men, without committing himself so far as to be arrayed against others who | may obtain the nomination. And while 1 have decided preference to MT. Clay over all others who have been named, Treserve to myself, as every freeman should do, the right of deciding, in full view of all the facts, af- ter the nomination shall have been made.'' Remarkable presence ot mind in q 6oy.-Two boys, the oldest about l2 years of age, went q fishing last Friday afternoon, and at the close of the day were amusing themselves on the bank of fa river which passes through that part of East Bridgewatcr, called Joppa. The bank cavcd and the oldest boy was precipi- tated into the river. He could not swim, the water was deep, and the current rapid, and he was soon carried out of sight down the stream. The younger boy, with great prcs- ence of mind, introduced his fishing pole into the water where it seemed most agitated, hardly dreaming that he should extricate his drowning companion having moved the pole in the water cautiously tor moment, he fancied that something was attached to it, and, drawing it in, he found to his astonish- ment that the drowning boy had hold of it He drew him to the bank, and by his own ef- forts got him upon the main land. He was speeches. and almost or quite insensible.- The neighbors were immediately called, and by their prompt and discreet exertions the life ofthc unfortunate lad was saved.
 1eyAeONLh th10SSJ ineW.
 RigAts and Po,oers of Juyors.-A sensible plain man, who never opened law boOky can understand and seethrough an unjust and an unequal law, favoring the rich and re- 'stricting the industrious in the exercise of the same right or indulgence, according to means. as clearly as the most learned judge can. There is no mystery in the fundameD- tai principle of equality in laws, us enjoincd in the Constitution.
 In all matters of law affecting personal rights, the juror holds a power independent of the court. He has sworn to decide the matter on his own convictions and con- science, and his power and responsibility arc higher than those of the judge. For the judge may be overruled, if he decides against the prisoner. In theory, at least, though it is only theory, he may be impeached. But the opinion of juror, one in twelve, in favor of the defendant, is above all revision and all control of judge or legislature. It cannot be called in question by any tribunal under heaven, and rests only between the jurors conscience and his God. He is not bound to give Q reason for it; and if he says not gull ty, no power or force on earth can say gull ty; or make him say so. Hence, he should be we'll satisfied in his own mind, in the ex- ercise of this great power, which IS the greatest that any one man in the court can hold or exercise but when fully satisfied, he should never yield. s ..a
 Iurofs are often destroyed from Obeying the .honestedictates of their own conscience and conviction. from some undefined fear of the power of the judge over them. In some cases, their fellow jurors threaten themwith punishment for contempt of court, if they hold out against the jaage. Why, the jury are as much the court as the judge is, and have as good sright to try him for contempt
 Let every freem'ii understand his rights in these pIattErs.. The court has no power over tho persons or the conscicAees of jurors in the opinions they form of law and fact in all criminal trials, and the juror has as much power to call the judge to account for his opinion of the law, as the judge or the pros conscientiously dissenting from thatsOpiniqm He is obliged to give no other reason than that he d0es not agree, nor has any personin court right to single him out or suggest his naSne or views to the judge, unless the juror desires 1t.
 The juror must decide according 10 the whole evidence, la,o and tact, as be under stands and believes it, and all taken together, as it brings conviction to his own mind. VeF diets should never go by majoritics, and the e. juror may just as we'll give his conscience in keeping to a witness whom he cannot believe, and taEe his word for the fact, as to transfer his conscience to the judge and take his opin- ipn for the law, as to the offence, when the juror is not convinced that there is any>law; that is, that thelaW iz not within the Consti- tutiNn.
 A juror, who against his owieeonvictien takes the word of the judge, and agrees to |. punish his fellow -citizen when he dOubts the law or the fact. commits moral perjury, and the judge cannot, even if he promises so to do, become his deputy to answer to God and