The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1863-09-03

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Judge fulln9 ont II ~ QnCsttuae
as to the eA61tlN az 1 Ilsen, ~ AZ
purpose Qf usNsjti3N q ~ 1lnk The iseea
there wA8 purely Jolk1tet< u did nut
touch and could not Szkek ~ uerits Or tt
irsue guilty or n9t II 1fSE s.,
The true questfO4 GO1e 6mted for con
sidefation Ma, Whe1l e1lkVn n examination
before the Mayor, In fose n fzlouv or mia
demeatlor, the C0uet = O. fsixAilsl power
TO say to counsel, A1sa met discuss the
law ana evidence in$S& : ~ my mind Is
made up, and couha9l # 6e7rM n ~
heard; remand the pfjs0nek.
| This was, indeed, a crave question. There
conldnot wen be q glayer one It had been
very fully and ably considered bv the Court
hof Appeals in the case OF Word u.s. The Com
monwealth, reported Ia Sd Leigh, sos. The
whole principle involved in this question
was there fully adiu1icated II arasf the Ian of
THIS case. 1t was in that case. both in tl,e
reasoning, argument, and Judgment of the
Court, ruled that the SiuAt to BE- heard 5ef;,,y
any Court by counsel in argument was also
tNse, and il was beyond the aowe, Of he Gourt
to prevent it. But this rirht WAS measured
and qualified by the rules of judicial. md
professional propriety, and could never In
disre garded by honorable ors,,lialteaed co,t,,sd
No judge or magistrate should seek to sup
press it when thus qualified and restrained.
10 do 80 would violate the chartered rights
guaranteed in the Constitution of Virginia
and emtfalmed IN the cardinal principles of
Government by the Bill OF Rights. Whence
the power-wheret the saaction for this Court,
or any Court, to say, in itsexclusiye wisdom.
on question resting on evidence. .ssmy mind
is made up, 1 mils not listen to eyy,.,aeato' To
establish such principle here would be to
institute something more akin to the Spanish
inQstisiti0,s than assimilated to the spirit or
genius of republican institutions. The one
rations of the mind, like the existence Of The
atmosphere. required agitation' cnnf,ict :.
friction, in order to be healthful and strong
in its workings. What Judge 80 great-whaf
justice so learne.-that he could not be aitiai
bg even humble COUNSEL The pgattling babe.
londling IN playinlness, oT whiting in pain
on the lnothers breast, had in its emotions,
indicated by the eye, orby its cries. impaired
The wisdom to its mother Which she ciid not
otherwise have derived No Que was so wise
that lte could not be instructed; none so ig-
norant that he might not instruct.
Let 1t be|known that neither the powers
OF reason nor the voice of admonition from
counsei eou!d ever be heard in this Court
except as a matter OF favor, grfciously al
lowed by the Court, and where, then, would
be the guarantee, to the most innocent and
virtuoUs, against the villainy, conspiracy,
and craftincss, of the vile and the depraved?
History preserved for the cxecration Of
mankind the memory of .Jel,s.ies and VIZ
Hdn,s, who had disgraced humanity and fixed
an indcllible stain on English Jurisprudence
by their tyranny on the bench and their ex.
clusion of all proper defence. Where the
difference between denying the right to be
heard and the resulting consequences?
There smnsf be the right on the part of the
accused, and<he consequent absence of the
power TO deny on the part of the Court, or
all conservatism WAS at al. end.
10 deny this '.sgaf and claim this p0scer
mere would equal the hiSh-handed measures
OF Abrafnn Llneom IN his odiOus procla-
nation OF the 18th of April, 1861. He there
IN ciaiMeq the Po1tr TO coerce-to trammel
free political and State action--and deluged
continent Ill blood. fhe same prsaeiple Is |
here involved A party charged Aere was in
the incipient stage Of new life, for veal or
woe. Here was the precise place and oppor
tunity to give thc proper direction to the
whole case, even though 1t shossld be sent os.,
He Mr. Gilmer) Ind gained many case IN
the fnsfiags Court without an argument
irom the results OF an argument made in
this Court 1t was the right, the inalienable
pfe*osaiive, ot counsel here, by discussion,
to evleerate the pulp and expose corruption,
perjury, and combinations. This could only
be done 10y. argnment-burning words OF
proud 'def1ance-forced INTO the skuiking
and coWardiy heait OF the pcfJafed and self
I,1M even FROM the lips of humble counsel
haul. caused in MANY cases the guilty prOsecu
tor to tremb!e and the snborned Witness to
hide himself in very shame from fire indi,r
naut gaze OF an offended pubiic And wsa
This ,10acer TO be taken. as. OF yiuHt. from the
accused?
For one claiming no privileges as counsel
for the most humble client. he had always. !.
N, ka l,,& o., tha