Newspaper Page Text
Vpl. VII.
FROM jfjshlyvto.y.
A., Forsyth called up the bill to provide
“W )St crimes committed against the Un
states, and as tnis bill is of great im-
we think it expedient to give a
of its provisions.
j,H] t ‘Burning dock-yards, or houses ttier-
Burning Beacons, ship timber, he.
fine and ten years imprisonment at
i labor.
>,|,ir ler or rape on the high seas —death.
Theft or running aw ay with a vessel do.
Breaking into a vessel with an in
■to rob or destroying sail, cordage Bcc
imprisonment and a §IOOO fine.
I ■> Receiving stolen money or goods, to
I yßimslied by §IOOO fine and 3 years iin-
I p^Kumeiit.
l r B7 ) Stealing from a wreck or hiring ves
ijßishoreby means o: laise lights, fine and
not exceeding §SUuO and two
Forcing an officer or mariner on
foreign parts, §SOO fine and six
imprisonment.
Setting fire to a ship or destroying
■t sea, (l J ath
|WIO, Any officer of the U. S. who may
of extortion §SOO fine and 1 years
‘^^■isonment
■ Perjury §2009 fine, and five years irn’t
Persn fs arraigned for crime, anti
plead, shad >y fined nevertheless,
ifMi cnarge is not capital,
The ase of state penitentiaries au-
a’ the expense of tne U. S.
Security to be required by ail the
Cashiers, clerks, and servants of
of the (J. S. or oranches, guilty of
&e. Jstc. shall be imprisoned,
teh years, and pa\ a fine of
: B h
of the bill being under rensideration,
at length, moil the hour ofad-
when the con mttee rose.
,■ C•')M MO DO ItK s f'R W ART.
tempts are nuking in various quarters*
the censure of the press under
that the naval officers who have
in the West Indies and the Pacific,
the displeasure-of their coumrv,
about to be subjected to a tribunal f<>?
(Hedged misconduct. To a certain
this is reasonable, Where particular
are involved ip loubt, is .nay be
to anticipate the investigation and
of the proper tribunals But where
doubt exists—Where, the neutral re-
of the (Jnited States have been obvi
|Hv violated—the laws of nations treated
■t cjnte npt, and the honor of the Inter
■ Hag tarnshed, it is the duty of the press
and to animate public censure.—
man doubt, that Porter’s attack on
i, is a most flagrant outrage on tiie
His of a neutral and imbecile po ver. and
of the honor of, our fl ig?-
Hugh the distance of the theatre on which
Hi. Stewart lias acted, has involved his
fjHsactions in more obscurity, docs anv one
jHbt that his conduct has been discredita
fSto himself injurious to the repuhiheans
H. America, beneficial to the royalists,
/B highly disci* ditable to the United
iHes? Is it any longer a .natter of doubt,
|tS our naval officers on that station have
iH.zed vast sums of money by selling ihe
pHection of the American flag t > one belli-
Ant, in violation ofthe rights of the ottier,
on almost every occasion, this pro
flHion has been given 10 the royalists, in op
jHtion to the republicans? And yet it is
J<Mf"'ied tint the press is to he silent, until
officers have been tried by one an-
S r < aud. have probably been acquitted by
jHw.feeling. and she Esprit du Carps. We
heard i’ urged in defence of Com
SMwart, that he had only made about §2O,
whilst others on the same station, had
was sent to those seas to enrich j
ijßofficers, to oppress the vepubl’cans, to !
# die royalists, and to disgrace the flag:
He United States, or to give wholesome i
‘|Hloyment to the officers of our navv, and 1
Jlßritect ’he commerce of the IT. States j
Pacific? The question of innocence
cannot be changed by the amount of
|Hsums rsaliz *l. K,> one, we shall not lie ;
VV'* fi- n!v believe that the dignity
Ht? United States Ins been lowered by*
ofthe officers, civil and naval,
coasts and continent of South Ameri-
that our squadron in the Paeifip, in-
ofaffording countenance to the gallant
Hmblicans of Chili and Peru has assisted
■ operations of their royalist enemy. Un- 1
■convinced that these impressions are er
■eons, we shall not cease to contribute
H* small assistance in bringing the offenders
tridl, and to procure the expiation which
: honor ofthe national character requires.
Rich. Whig.
A Southern paper says* that the
>oden nutmegs which have been
roewhat distinguished in the list of
genious impositions, if not out clone,
v e at least been equaled in a cargo
hoi n un/lints, lately brought into
)uth Carolina, and disposed of as
ntsof a superior order.
We Yankees have, a notion that the 1
*
lw ■materials of such flints would cost |
bre -than that of real ones, and that
Jl “ horns would afford a greater pro
-lin being worked into combs. The
attrition, however, is not useless.—
® would recommend the rnanufac- j
|r e of amall ones for duelling pistols;
tv it would save the expense of silk
’list coats , tanner's bark and Cologne
V^lcr, — Bos. Pat.
DARIEN lllllf GAZETTE.
D ARlEN!T(geokgia ? ) £qual att& €l*act |pstice. TUESDAY, FEERUAiiV 15. 182*5.
KE.VTUCKY CiE.XER.dL ASSEMBLY.
MR. WICKLI EE’S SPEECH.
On the motion to lap the bill mith the Senate’s
amendment on the table, for the change of the
Venue m tint ruse of Isaac H. ileshn
I feel myself called on, said Mr Wick litre,
quite unprepared, as you must know, Mr.
Speaker. For on this very day this house,
at the special instance !tnd request ofthe gen
tleman from Jefferson, (Mr. Rowan) stands
pledged to considerincommitteeof the whole
the bill to amend the penal laws. 1 had the
pledge of that gentleman also, that he had no
disposition to defeat or delay the passage of
that bill, when he moved t lie committee of
it. He was then gratified by the house, with
my assent; but behold! on to day the gen
tleman forces tnis bill into discussion. When
1 have entered the house by t hat gentleman’s
own appointment, to discuss one measure,
he moves another, and a majority of the
house has supported him. Os this course 1
shall no longer complain, but I assure the
gentleman and the house that this, his favor
ite measure, shall not pass without irs tenden
cy and object being exposed. If in tins de
bate 1 shall be desultory or tedious, the house
will find at leasi some apology for me; in the
circumstances in which a vote of a majority
has placed me. But before 1 proceed to dis
cuss the merits of this extraordinary measure
! I deem it due to myself, to this house, and to
the people, to detail its history to its present
shape.
borne days since 1 observed the gentleman
from Jefferson (Mr. liowa i) present the pa
per, styled the petition of Isaec 1,4. Desha; and
after it was read, on Ins own motion, it was
referred to Imnself and others. When he
qext appeared with his measure-I know riot
but learn that he reported a bill, which I af
terwards found in possession ofthe Commit
tee on courts of Justice, to whom trie gen
tleman says the bill was committed on his
motion. He did this, he says, that that com
mittee distinguished fur its legal attainments
might mature the measure. Strange indeed
if this was the object ofthe gentleman, that
he withheld the petition. AA by, if he wished
to throw the responsibility on the committee
of Courts of justice, as to the propriety of
removal, did he refer to them the naked bili?
Vo, sir—: hut gentleman knows too well the
rights of a committee to say, in so many
words, that he intended to leave the question
of removing the trial of Desha from the coun
ty of Flemming to the .decision ofthe com
mittee of Courts of Justice. He and his
committee had decided t-liat themselvc .
They report the bill and refer that bill, but
take care not lo refer the petition with the
till. The com’te lie well knew, could only
amend, or report Ins bill, fill up he blanks
for him, and do some other little jobs towards
facilitating the removal—but the great, the
important question, was Desha entitled to !>e
remove 1 out of the hat.ds of justice into
those of his friends? the gentleman will not
say that ‘lie committee was at liberty to de
cide. Why then does the gentleman talk
about, this case having been before ihe com
mittee of Courts of Justice? lie knows what
was before that com niftee. II • knows what
he intended to refer to that committee. On
entering the committee room (said Mr.
VVickl ffe) 1 rook mv seat, ami in a few min
utes I observed the genlernan from Mont
gomery (Mr. Shortridge) enter the room,
and with him to mv astonishment, his Excel
lency the Governor made his appearance,
and presently took his seat near the gentle
man from Montgomery, with whom 1 obser
ved him to speak several times; soon after
this that gentleman moved to take up this
bill. It was now easy to account for his Ex
cellency's presence, and tiie occasional con
versations to wliicii I have referred. Other
gentlemen have reprobated this instrusion
of the governor upon the committee as in
delicate and improper. 1 do not think it
necessary to give vent to my feelings upon
the subject. Ur had no influence upon my
course. When tiie bill was read, fi enquired
if the Petition or evidence in support cj’it
was also referred? This was answered in
the negative. It was said that the bill alone
was referred; that it was our business to
make a bill; not to decide whether the Go
vernor’s son should be taken from the offi
cers of justice or not. I then observed to
the committee, that the bill as reported by
the Gentleman from J-.-fle-rson (Mr. Ho,van)
was so radically defective, that it would not
do, nor was it possible in mv opinion to am
end it but with a substitute —of that opinion
l think was a majority of the committee, and
the preparation ofthe substitute, was submit
ted to tiie chairman, who I am told reques
ted t'he gentleman from Velson(Mr. Harden)
to prepare it. This is the last and all I heard
of this business, until a Senator reported the
bill with amendments, when on enquiry 1
learnt tha< the gentleman from Nelson had
the morning after we were honored ivith his
E ccellency'spresence in the commit tearoom,
reported the thing I hold in my hand and ‘hat
this house had passed it by dispensing
with the constitutional provisions and ihe
rules of the house, in a few minutes after it
was handed to the Clerk; and that the Sen
ate to shew their zeal, had also dispensed
with the constitutional provisions and rules
ofthe Senate, anri run it through their house;
and then that a grave Senator had run with
it to this house. Quick work, said Mr.
AVicklirte, no lime lost in either house in le- !
gislating a Governor’s son out of the posses- t
sion of the officers of justice oil a charge of
murder! It is no great affair—only roltery
and murder! Nothing but a man's throat cut
for his monev! And why should we spend
time! why hesitate to release the supposed
robber and cutthroat! Sir, said Mr. Wick
lifl>. a little hesitation, a little reflection
might have bean serviceable. Oh no! Sun
day—pressed upon our career and we were
forced to stay the work one day. But scarce
ly has Monday’s light been shed upon us, be
fore ihe gentle-prn from Jefferson is up and
adoing. The orders of the day must stop—
die morning’s business must lie over—the
Governor’s son is hi danger—justice mat
overtake him. Sir, said Mr. AVickliffe, do
we owe nothing to decorum in this affair?—
Shall we forget that the eyes ot Hie people
are upon us? Phut the eyes of Heaven too are
upon as!-’ Remember, Sir, this forms an e
poch in our relative career—that we shall
se - ourselves,or our children will see us in
historv in this business. What will he our
record?—i'hat a stranger in our land has
been robbed—ihai he has been murdered
his throat cut—The Governor’s son is cliar
#*d with this crime, the very mention of
which is enough to chill the blood—and we
are legislating—we, with the Governor, his
father, are passing laws for his release with a
precipitancy without example. AA ill not the
people of our sister state (Mississippi) re
quire the blood of her murdered citizen at
our hands? If we perform this deed, will they
not say to the people of Kentucky, your Go
vernor’s son has murdered our fellow-citi
zen, and your representatives have legislated
j his impunity?
I know there are some who have so long
i heard non-residents abused because they
claim some of our lands, or because we owe
• them money, and have not paid them, that
: the reference to the opinion of our .sister
s'ates, is riot with all well received here. —
But, sir, Kentucky is my state; she is to me
every thing; and I, for one, as far as my vote
’ will count, as far as my voice will go, will see
! Hjiat she stands justified before her sister
states in this business.’ AA'e have before us
no ordinary case, although I acknowledge
with deep mortification, that ordinary mur
ders are too frequent. Yes, sir, it h>s been
reserved for the present year to exhibit to
our view an ex-Governor’s son-in-law, (your
| now acting Register) arraigned and tried for
wilful murder, and acquitted, because of
! his drunken insanity; and the Governor
j elect’s son in gaol for murder and high way
robbery! AVhen this is the fact—when this is
: only apart ofthe prospect before us—when
i every mail and each stranger that arrives at
| your capital, gives you intelligence of some
i recent murder, of some new cut throat; when
j we know that crimes and criminals are eve
ry where triumphant, and that our penal
| laws are already but shadows against the
i wealthy culprit, is this-a time, J ask, to legis
| late criminal impunity by dispensing with
j constitutional provisions and legislative rules?
■ I think not, said \lr. VA'ickliffe. A little
! pausing, reading your bill to release thesup
; posed culprit, on three several days, might
give members time to reflect, how they ooiiTd
meet their constituents with this act in their
pockets Before (said Mr. \V ) i speak more
at large upon the subject of the petition, I
will proceed to examine the act as it was
when it passed this house by a dispensation
oi the constitutional provision, that each bill
shall be read on three several days —as it was
when ij.passed this house in about three se
veral minutes. First, tiievlill provides that
the Judge shall hold a term on the day
o! December, which is little more than ten
days; if from any accident he shall be pre
vented, then as soon as practicable; and if
Isaac Desha shall elect to be tried in Harri
son, why then the sheriff shall remove him
to Harrison, and then the Judge of Harrison
shall h ive jurisdiction of tiie cause, and then
the clerk shall send the original papers.—
And here ends every substantial provision of
this bill! Now I pray you, Mr. Speaker/to
tell tne if.such a tiling named a bill, ever be
fore passed any deliberative body? All the
bill says, is, that the sheriff shall remore the
prisoner. But how remove him? Suppose
he sat out with his prisoner, and Desha serves
him as it is alleged he did poor Baker, cuts
his Ihroat, and robs his saddlebags—what
then? Did you intend the farce should there
end, when you were passing this bill by dis
pensing with both reauing-and printing of it?
But the honorable Senate have kindly a
mettded it. They have sagely added between
remove, and him, “with a sufficient guard.”—
A’ery good; very wise, to-be-sure —me did
notthink it possible tltatDesha and his friends
might commit a rescue upon this sheriff; blit
the sagacious Senate, (though in equal haste
to relieve this Heir Apparent of onrs) have
thought he might. A e-.-y well thought of,
too. Hut, Mr. Speaker, neither you nor the
Settale seem to have thought that possibly
some lawyer may obtain a writ of Habeas
Corpus from your Habeas Corpus Justices,
from some of those gentlemen to whom this
legislature have legislated the power of
granting injunctions,writs of Habeas Corpus,
and a few other powers not warranted by the
constitution. Suppose these gentlemen ar
rest the sheriff as he attempts to leave Flerr.-
ing, or in his transit to Harrison gaol with
his prisoner, with a writ of habeas corpus,
what account will the sheriff give of himself?
AA’hy that lie is taking Desha to Harrison jail.
But, says Mr. Justice, what right have you to
take the Governor’s son to Harrison jail?—
Produce your warrant, sir. AA r liat voucher
has Mr. Sheriff to shew? You do not even
direct that he shall pass with a copy of your
act. No, sir—nor does your act direct that
the Judge of Fleming circuit court shall have
power to grant the sheriff a mittimus —no,
not even that Desha’s election shall be re
corded, and that record copie/, and deliver
ed to the sheriff-—not even that he shall have
the copy of a warrant, or a single paper.—
Your act says the clerk shall send the papers.
AVhat papers—and bv whom, and when send
them? Your act is silent The clerk is to
send what papers he pleases—send them
when he pleases l —by whom he pleases. He
may even select his own negro, or that of
another, to carry the papers. And to whom
are the papers to be delivered? Are they
to be given to the clerk of Harrison, or to
the judge of Harrison, to tfie gaoler of Har
ris n, or to be placed in a livery stable at
Harrison? A T our act is silent. Sir, suppose
the jailor of Harrison refuses to take this
man—that he will not recognise this sheriff
—that he asks for the mittimus before he
places the body in the jail of Harrison coun
ty. AJ'hat then becomes ofthe prisoner!—
Why, what this act is ahme calculated to pro
duce—he is discharged without trial, and is
guilty, let loose upon society, again to rob
and murder.
I will now, Mr. Speaker, (said Mr. AV.)
proceed to examine the bill as amended by
tile Senate, and will show, teat ii'y.ui have
made provision for the pVopable escape of !
Desha, that tire Senate hare rendered your :
assurance doubly sure. The Senate ( it it ■
the best intention no doubt) have added ihe 1
most curious amendment. It is that if the
papers are not sent on, that Desha shall take
no advantage, but may be prosecuted again,
as though tiie offence were committed in
Harrison county. Now, this amendment, by
providing mat if the papers shall not come
on, that Desha shall take no advantage, but
may be tried upon anew prosecution, neces
sarily fcnacts his discharge it tne papers are
not sent on This did not follow from me
bill as it passed this house. The Judge might,
hut for tins cause, have continued the cause,
for the papers—but under this amendment
Desha will obtain ins discharge at the first
court for the want ot the original papers.—
Indeed there is no way by winch tiie Judge
is to know what are tne papers called in tins
act “original papers.” Do you mean the
warrant, the indictment, or the mittimus?
or w hat do you mean? Vou have described
no papers, nor have you furnished the judge
with your ear-mark, so dun he may know
your papers. You do not direct who shall
certify or prove them to be tiie original pa
pers—hence, I say, the discharge of Desha
(if all tilings are right to this point) becomes
inevitable—and so far as the act provides for
a second'apprehension and trial in Harrison,
(il Desha should t be hereafter caught) vour
act in this respect is ex post facto, and'for
bidden by the constitution. By the constitu
. tion you can pass no ex post tacto law chang
ing the mode of trial, after the offence has
been committed. Here Desha is only asked
to elect to have the prosecu’ion depending
removed. He does so eiect—but does that
authorise a trial on an indictment? Does the
change of the venue in a civil case of a cause
depending, change the venue as to everv
other action brought for the same cause, or
in other words, does it authorise a writ from
the clerk’s office of the court to which the
suit is removed and where it was dismissed?
No lawyer will contend for such an absurdity.
It this is the fact in civil cases, ca . any man
in his senses pretend, that Desha’s electing
to have the prosecution now depending
against him removed, removes every other
prosecution to Harrison? Will not his inge
nious council, (should tiie gentleman from
Jefferson be that counsel) soon convince the
Judge (if he be worthy of bis office) rhat any
second prosecution in Harrison, is not only
unauthorised but forbidden b\ the constitu
tion? [Here Mr. VV ickliffe read that part of
tiie constitution which forbids the legislature
to pass ex post facto laws—when Mr. Ro
bertson, with the leave ot Mr. AA ickhffe, sug
gested'that it was late, and moved an ad
journment, which was-carried.]
On the next day Mr. vVickliffe proceeded
to say, that he had the day before shewn, as
he believed, that the bill and the Senate’s
amendments, were totally defective, anti
could and woul-1 produce nothing else than
the certain escape of tiie prisoner, however
gmity hg.miglit he. He would now pioceed
still further to examine this proceeding, and
to exhibit its enormity. Sir, said Air. AA'. !
believe we are the fi st and perhaps the on
ly state that ever passed an act to chance a
venue in a criminal case. AA'e have, it is true,
done a main business at this work. Whene
ver a lawyer gets a good contingent fee, and
the culprit’s guilt is so evident that he lias
no other mode of escape, his lawyer makes
a peti'ion tor him, and ihe Legislature passes
some bill like this on tiie table, and that is the
last of it, except that the lawyer gets his fee
and the felon is turned loose on society . .
The gentleman from Nelson, was, I thought
in gamesters’ language, stumped yesterday
by my friend from Shelby, (Mr. Crittenden)
when he asked him emphatically it he ever
knew a man who got his venue changed, con
victed however guilty? The gentleman
seemed not to have recollected on y esterday
a single case. Since then 1 have heard of
but tw o cases out of every change that has
taken place. In one of these the friends of
the commonwealth were numerous and pow
erful, and followed the felon—in the other,
the defendant was pennyless. But I will ven
ture to say that these cases form exceptions
to the general rule, and that in nineteen ca
ses out of twenty, your acts have been ver
dicts of acquittal.
Sir, we will not speculate more on this
subject. Mv object is to prove, that this bill
is a bill of jail delivery so Desha—not a bill
for his trial—and I only expect to succeed by
Showing that this proceeding is unexampled
even here, as well as every where else, where
law and justice are known to exist in name
or reality. It is unexampled here, because
this state never did pass a law'to change the
venue until an indictment had been found.
Do gentlemen intend to deceive this house
into an opinion, that Desha can be tried with
out an indictment? that he can be tried upon
“originalpapers,” as the cant- is? If the gen-<*
tleman who handed in his petition should
be his counsel, I presume he will read to the {
judge whom you appoint to try Desha, the
following clause in the constitution: [Here I
Mr. \V. read so much of the Bill of Rights as i
declares that no one shall be proceeded |
against criminally, except by indictment.] — j
From this clause, (continued Mr. AA’ ) the in-1
dictment must precede tiie trial. AA here is
that tp come from? Is Desha to be indicated
in Harrison? I imagine not. The /rand ju
rors of that county are sworn to enquire of,
and'present offences committed in the body
of the county of Harrison only—so that an
indictment is out of the way of Desha’s es
cape. Again; Mr. Desha is entitled to a trial
by a jury ofthe vicinage, and your bill makes
no provision for empanneling of either a pet- 1
it or grand jury Why th s omn? ure
ly the ge’ tlrinsn supposes one or both ne
cessary, if the prisoner ‘8 tone tried at all;
if is intended not to try him, then to be sure,
it would be useless t> spent! ink and paper,
providing for either.
Mr. speaker, it would be useless, I aru
sure, to sav more upon the defects of this
bill. It is now obvious ‘<> all, that nothing
but inadvertence- can exi use die ho se for
having passed the bill, and the only esc me
iwe ItaveSs to lav it on ihe table, anti let e
I the gentleman to anew Kill. It is true ve
loan commit the amendments ot the Senate—
j but let me caution gentleman, that the b.ll
j is beyond amendment without the una.. nious
j consent ot the house, liidte-11 doubt our
: righi now to touch it, as the Senate have
i passed it. In this view let not members be
I taken in. by refusing to lay the billon the
j table with a view of amending n.
! 1 will now, Mr. Speaker, Air. VV.) in
! quire into the grounds for the removal, and
‘trust that a fair and impartial examination of
I the petition and attendant circumstances,
j will prove beyond doubt, that the attempt to
\ obtain the interference of the Legislature is
! founded in fraud, and without anv just pre
| tence w hatever. I have, sir, examined this
I peti’ ion, it purports to be the act ot Isaac B.
\ Desha; the body of it is evidently the work
| ofsome copyists, written in a fair hand, and
! in pale ink - 1 would say it is cop ed from a
j law\ er’s hand who spelt badly, and wrote
worse. I here is then the signature in a
different hand and in a different ink, and
what is more remarkable, ihe>petit!On is da*
( ted &alsn correrte-t in its orthography in the
j same ink and hand writing that the signature
j of Isaaee B. Desha is w ritten in; so that this
Isaac B. Desha, if he wrote his name, has not
only w ritten it wu 11, but corrected hie corns
position and orthography offvs lawyer, r he
gentleman from Jefferson (Air. Rowan) does
not inf nn ns how he curat bv this petition;
a* least ! have heard nothing from hi in nn
that subject. 1 presume he has not seen
Isaac B. Desha—and ti isahttle remark.- ole
that this Desha, no-i in j: and n F'e 1 mg,should
have passed the represents!!-es from Waxon
and Nicholas ns well as Fk-ntmuig and sent
his petition across the ‘'fate to Jefferson
county —but it is —we have the petition at
the hands of that gentleman, who tells •>- he
cannot vouch for its truth,-and what is sidi
more remarkable, the petitioners im i >t
swoi n f nor has his father foi him s-wot nj ■ hat
the facts set forth ,n the- petition are i rue,—
Now.it does really seem to tne, that if Isaac
B. Desha, hadever seen !h petition, u would
been no difficult matter to have ohrauieil lus
oath to it. As to Ins father, he might have
recollected tiie late election before lie could
he prevailed upon to swear that lim sort
could not get a fair trial in the respectable
county of Flemming. Indeed the reprem n*
ta'ive front Flemming win give Di sh t'a.r
trial. So tipi you have nothing to -■ fy
ion in staling in the preamble of you , j,
that Desha cannot have a fair trial, but a n-i.
ked petition signed by* someone. no* sworn
to,and not vouched for, by die t ,er her in
troducing it. 1 1, as constitutes you .-ole
arid sole evidence, ami you rush >vh a pre
cipitancy unparalkliee in the passage r* a
bill to change the venue of his mat to a .lis
tnnl county from that in which < eom intted
• lie offence. You send the trial <>ut ofthe way
of tiie witnesses, and at this im lenient -easnn
gives them two or three livers to cross; But
is thi- all? No si*. AV> uiii io God it w as.—
A'ou have sent Desha to be tried by the de.
voted friends of his father —a Judge who has
distiiigniscd himself at the late Guh. rnaiori
al rejoicings, and wiuings, and dinner loast
ings—a jmige/vho has s um! by his Excel
lency in several trials, and will (as liis excel
lency no doubt expects) not forsake him in
ihe eighi !i—a Judge who seems to have been
his shadow at his inauguration. Sir, 1 hope
Judge Trimble is all, the Governor’-, friends
represent him to be—but is the ’ triend of
the father—the proper judge to try'the son.
I appeal to every man of you to say, could
you try the son of your old friend and bo
som croney? Could you condemn him to death?
and do you expect this Judge is super-human
and that his affection and friendship for the
father will weigh nothing? Sir, rely on it
his excellency and the other friends of this
son, calculate better. They expect the old
friend will get the better ofthe judge, and
hence, Mr. Speaker, this change ot venue
No, rely on it, if Judge Trimble resided in
Flemming, this petition would never have
9een the light. I mean no reflection on
judge Trimble. I know that gentleman, and
should be sorry if a sense of what I belb-ve
io be my duty shall have forced me to say
any tiling to wound his feelings, or Ins repu
tation. 1 know he had no hand in this remo
val,at least Ido not believe he ha. But,sir,ldo
believe that his Excellency is willing to use
a friend in time of need, and that he is impo
sing an enormous tax upon thejudge’s friend
ship—and rely on it, as he has drawn this
heavy draft on the judge, his excellency will
be sadly disappointed if it is not accepted, it
is here due to say, that I equally regret that
I am compelled by the conduct of the Go
vernor to speak of him. He / has mingled
with this affair. He has, in my humble o
pinion, interfered with the legislation, of this
house. If he is disposed to play the father,
he should lay aside the governor. In the
awful duty he owes to this Commonwealth, he
was hound to remain neutral and passive un
til it became- his province to act. It is use
less to say more on this subject for the pre
sent. The Governor lias so far got hns son
on tfie way to his friend—he is sending liim
-1o a county of his friends—a county that has
not failed to give him an ‘overwhelming vote
fur Governor —and thus far he has succeeded
well—but what has become ofthe interest
ot the Commonwealth A— AA Hat will become
ofthe penal laws which as Governor lie is
sworn to see executed?
Let us now, said Mr. AA'ii kliffe, enquire
as to the causes set firth in the petition of
Isaac B, Desha for a removal? Jle says he
•Vo. 7.