Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1845-01-17

proceed. '3
The counsel then remarked, upon the
embarrassment which surrounded his cli-
ents defence against such charge at this
time; that all men, in all ages, were subject
TO the inhrmity of entertaining prejudices.f
however honest might be their hearts and
intentions; that the most honest and conf
ding men were sometimes the most insen-
IDLE to its influence; that he imputed no
more in6rmity to the Senate than our own
experience, than the laws. than the Bible
and the decalogue imputed to all mankind.
and to himself, (,he counsel. Therefore,
he begged leave to assume the province Of
the Preacher-ss the Preachers congrega-
ton ough. not and could not take any Of
fence, when the decalogue was read 10
them, so the triers of man charged with
an infamous crime, could take no personal
offence at being respectfully warned and
cautioned to examine their hearts. and
guard against any prejudice insensIbly ia
ken. possession there. He spoke Of the
latitude allowed in this respec. in Courts Of
Justice, where, not only it was made the
duty of cousel, but also Of the Judge, 10
warn the jury agains, the danger of enter
tanning any prejudlces, or participating in
any public excitement on the defendants
case-tFlat he felt it TO be his duty as coun-
sci to give this caution. and meant not 10
be personal or disrespec,lul in the least
Therefore, he thought the Senate ought
TO be wary and dislruslful Of themselves,
when party spirit was so rife every where
in this State, and throughout the country,
and discard all personal sectsrian or patty
prejudice. for that prejudice "oald some-
times cours. through honest minds as in
sensbIy as the blood did through the veins
silently and warmly; or as insensibly as
the atmosphere through the lungs Here
he was again called to order by the Speak
err, on the grounds that discussion of par
ty feeling was out Of order. The counsel
Immediately took his seat.
e Senator Wilson then arose 70 the ques-
ton of order, and stated that lie did not
perceive how the counsel was out OF order,
e and that it seemed to him impossible that
n he could do Justice 10 his client, unless
!. such latitude of remark was allowed him.
> The Speaker called Mr.. Wilson TO order,
# and he took his seat. Senator Biggs next
>, arose 10 the question of order, stating that
e he did not perceive that she counsers re-
marks were out Of order. The Speaker
!. called him TO order, unless he meant to APP
peal from the decision Of the Chair, and if
!. he did. he must reduce his point of Order
E. to writing. MIR. Biggs did so, and read it
is aloud to the Speaker, who remarked, that
+. he would write down his point Of order
At himself. Having written it, and read it
J. to the Senate, it was this-"The chair de-
>. cides that the counsel for DIR. Emmett must
is con6ne himself to the rules prescribed for
i. the government of the Senate in the dis
< cussion of the question before the House.
10 and that it was no. in order to refer TO, or
is discuss Ike state Of parties that divides the coun
~ try."
10 The excited manner Of the Speaker
d. his having changed the grounds of his de-
&c cision-and the remarks of the counsel
III showing that he was Improperly Interrupt
y ted by the Speaker-satisied the under
- signed, that justice could not be done to
"a Mr.. Enneu's defence, unless that freedom
'e of debate was allowed his counsel, which
T. in 10 other tribunal before have they known
g it to be denied, and the necessity for which
~ they think the sequel 10 this trial has fully
o, shown; for, the fact is now before tn,
IN world, that whilst the whole Senate 0
~ both parties, recorded their votes in favor
of the first resolution, only his political 0p
oorents, TJy strict party cote, coted his gull
-, - and expulsion, and that AT LAST, thi
~" ~, dreadful degradation of man, of unblem
~ ished character. of his family and con
~ ~ stituency, was only accomplished by Oh
~ casting cote IF the Speaker.
sci ' The enormi.y Of the charge against Nj
ey Emmett; It's enduring character It's BIAS
ng ing effect upon all connected with him
ue the honor Of the State and above all, th
'e, important fact that no appeal could lie. iron
eo the decision of the Senate, demanded tn
ID most prejudiced and dispassionate enqul
al ry, and free discussion of his cause. =
IN. Therefore, we most solemnly protest :
id, gainst the conviction and expulsion OF MI
we Emmett, as a dangerous precedent, whic
hat in the ever-changng fortunes of party
The renders every public mans character inse
n cure-because we believe he had not fa
and impartial trial-because we believe tn
All. whole strength Of evidence was in favo
BILE of has innocence, and because he was deprl
Of we'd of the free liberty of counsel. and
cir dangerous blow has thus been given to tn
,us inestimable privilege Of freedom g debate.
e ITL;f11eI SxniEugs. Larkin SOaCe,