Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-12-22


rrested il found, and if arrested, b. mast
's COMMITTED To cioss custody, % give .
ID" ior h!s appearance there is nn other =
node OF avoiding imprisonment upon Ar. /,
e 81 Has there appeared any pr0sC ina,
Oatendrr inside an application to DC cal /
ed /. nc did not, ne could not be refus-
ed By the Judge. Nothing Of this S.nd
has been heard n proof, and unt,l thou
7e ought Ia withhold our assen: 10 the lat
ter psrt e line ar,ice.
hir. Nicholson. The laws Of Virginia
relative to this point, If he reco!iecscd
rightly, were that in capital CASES CAPT.
as is ordered 20 issue Tor the apprehensi
on of the offender; but in cases Of crimes
less than csPiai summers, or other
ProPer process shall issue. WINS, is the
prac,ic: in that state? lie had nevcr un-
derstood that it VAS the practice there to
issue cspias TO: the apprehension OF
Sr1ali aaenses, but summons to answer
At The next court after the prescn,ment.
Mr.. J. Randolph. Eiy friend { Mr.. n J
is not mistaken in the law, and tie prac
tice 10 far as he knew it was What every
reasonable rn.n would suppose il ough;
to DC, that Is consonsnt with the IaR IL
self. There are two distinst specieS OF
crImes, one cSpi,zi, the other not caDitsl.
Inc first species is divided into tgezIoss
and fslomss--r The second contain. IN q.
thcr lesser crimes. For tbs first il IS
mentioned in The law itself, tina, = csp.2s
IS the proper process; tut IN The second
1t IS TO ec bT summons, or other proper
process 10 the next court.--by comm
ing the writ OF capias to capital cases ii
also miers that cap;ss is not proper
process In Cases under capi,ai.--Ef the
court awarded a capias then in Cal
lenders case, they did what the law did
not authorize thSm 70 do, aud which the
practice in our stale courts did not war
rant. Instead of this dcfenc. ofthe iudge,
he suspected the defence would b. exc
nerauDs the judge 1T thr expens- Of the
clerk, who issued the writ; that being
the act of he clerk, they would not h3iS
the Judge responsible therefor. II will
BE- rcco! ccled thai the capiss issued after
The indictment vas found, and that the
prisoner was tried n the SAME term.
Mr.. Hay in FL. testimony sets thi. nat
ter in very clear Pcin, Of view The
cRP'a2 was issued by the CLERK on th. a.
ward OF the court, - he fnstsnce of The
prosecuting oiflcet. IT, concluded MIR. II.
there IS one artcls pui more reliance ON
than snrlhe this is the very article.
Mr. Beck!ey Che C,erk) read extracts
from the laws of Virginia on ,hcse txo
poirt,---
NJ. kennedy agreed that the conduGl
OF the JNdG- IN rui'ug the party TO trial =,
the same term hs Was p. seniod nss =
high handed arbitrary proceeding; bu,
that IS the chagge CONSUMED $50 ~ 5lh ar
ucle which he mach approved Of, and
should certainly vote But he had NOT
been influenced by any hing sid to
change his opinion; he should the.ssa (
vote against tue 5ta article.
Mr.. Aston observed that the laws of
Virginia spoke only fpresentiaent, that
upon hre'eu'nienf By any grsad Jury OF an
offence not capital the court SHALL order
The Clerk 10 issue summons For the
party TO appear snd eusw-:r such tressaG-
ns'f 81 The nsxt court" Calender was
;ndcted and thc being difference b.
t~-en preSentmcnt AID lndiclment il ap-
pears that the court had discretion rs ia
The time ortr9i; this however sesmea 10
him &c be the case.
Mr. ]. Raaaolph replied by reading the
warrant, annexed 10 the ARTICLES Of i've pc sch-
nsn', in which are The words 10 answer
CERTAIN Prescntinent found ag&ins; him
(C2llendcr) By the grand Jury"
The question on agreeing 10 the 5th ar
ticle under consideration was carried, the
yeas we're 10, and nays IS, ard ere as fol-
low. viz.
YEAS.---Mtssrs. Anderson, Archer,
Sard, Bedinser, Bishop, Boyd, BOYLE,
Brswn, Bryan, Butler, CGssy, Claiborne,
Clark, ]. Clay, NJ Clay, Conrad, CTownin-
shield, Cuts, Dawson, D.ckson, Earle,
Eppes. Findloy, Gillespie, CooawyH,
Gray, GreSg, Ha:broucE Hrisler. Homes,
Jones', Knight, Harmed, Lelb, Lucas,
NCord. M.usether, ". II. Moore, 7.
Moore, Morrow. Nelson, New, Newton.
Jun, Nicholson, DIN, Palmer, Patterson.
J. Randolph, r. M. Randolph, J. Rea (ol
PennsyIvsni') ]. Res, (oF Trunes,=e)
Riker, Ssmrnons, Sanford, Sgayer, Sloan,
Smile, S iuthard, Stanford, Stewart, Th.-
ma', l'hompson, Trigg Van Hor"-, Var.
mum, WhitehIl, Wilson, Vim, Winston,
Wynns-7O.
EAYS.-Mesar-.k iston p.tfon. pis,k