Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
exercise, but which they would always exercise, when they discover an
inclination in the court to oppress the citizen or exculpate the guilty,
to reject the direction of the court and decide for themselves.
But the complaint is, that the court denied to the counsel the privilege
of arguing the law before the jury. Mr. DENNIS said he believed the court
possessed a power of this nature, to be regulated by a sound discretion.
If the court should believe that a question had been put at rest by a
long train of judicial decisions, such as was the case in this instance,
they not only have the right, but it becomes their duty to prevent a
useless consumption of time, and to prohibit the counsel from agitating
the question. Indeed it is indelicate in the counsel to impress on the
jury an opinion of law contrary to the known opinion of the court; nor
is there any court who will not take on themselves the right of checking
counsel, in an attempt to mislead the jury on a question of law. Such was
the practice of the courts in Maryland, and in that country from which we
derive all our notions of jurisprudence.
But though he did not conceive that there was any ground for impeachment
in the statement of the gentleman from Pennsylvania, yet he knew that
this discussion would produce a vague and undefined censure, which
he believed the judges in question ought to have an opportunity of
repelling. He therefore moved the following amendment, by way of preamble
to the resolution:
Whereas information has been given to the House by one of
its members, that, in a certain prosecution for treason on
the part of the United States against a certain John Fries,
pending in the circuit court of the United States in the State
of Pennsylvania, Samuel Chase, one of the Associate Justices
of the Supreme Court of the United States, and Richard Peters,
district judge for the district of Pennsylvania, by whom the
said circuit court was then holden, did inform the counsel for
the prisoner, that as the court had formed their opinion upon
the point of law, and would direct the jury thereupon, the
counsel for the prisoner must confine their argument before
the jury to the question of the fact only; and whereas it is
represented, that, in consequence of such determination of
the court, the counsel did refuse to address the jury on the
question of fact, and the said John Fries was found guilty
of treason, and sentenced by the court to the punishment in
such case by the laws of the United States provided, and was
pardoned by the President of the United States:
Public-domain text, read in full here on John Shaqi.
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