The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-12-13

hfu M capl,Sl ~".ss fuSh "a tre3foa or ftlony.
the !rcond IN AIS nor capital. The Virginia
Laws authorize uyprsi. - the iduirg Of a CapiaS
OF which the body of an offender may be taken
and committed 10 clolc c,:toGy in the firil ipe-
cies of offence. In the other cafe, that is of Of
fences not capital, this procef, is not warranted
by our laws which require different procefs
VIZ: luminous, which the court may order
inc cierk'to iiiue returnahle to the next enijin,
court. In the cafe Of Calender who was pre-
tented and indicted for 4 crime not capital, the
circuit court did iIiiie the proce(s which is only
warranted III capital cafes. To convince the
Committee on thefe points, ne read the 9Th ieGti-
on of the Law or Virginia, page 10, refpe6ting
the tiial and punilliment of crimes, aud aifo
fiction 2s, page liz. From the,e regulations
he faid there could not remain a fhaolow of
doubt that the procefs which was i1ued againft
Calender, by order of the circuit court, AMI
which annexed TO the articles of mpvach-
ment, and which commands the MARTIAL of the
Virginia ditrict, to arreit the body of I. T.
Calender, and bring him forthwith before the
judges of the court, was illegal, being contrary
to the laws of Virginia, and of courie contrary
to the laws or the United States.
The quetton was taken on adopting the sth
article, and carried II voting in the affirmative,
ADD lin the negative.
The hxth article under confederation.
MIR. !. Randoiob faid the law of Virginia, re-
ative TO this point having jun been read, he
would only point to the words which are repeat :
ed from THAI law by the article OF impeachment,
they evince that the authority of Congrefs as
well as the laws of the Rate of Virginia had been
both difregarded and contemned.
On The quetion toIagree to the lixth article
the committee divided, there being, 20 in its IA
vor and 20 againR it; il was carried.
The ieventh article before the committee.
Hl'. J. RGnaOlpb faid it extracted al,not word
tor word tronthe depoton Of George Read. Attorney
ior delaware ditritt the depoftioni is as follows
fiJR To the tirft interrogatory this dcponen,
iath that ne was Preent in the character of dirit
attorney OF the United States of America in and for
the Delaware dittret circuit court of the United
States, holden at New Cattle OH the twen;yf.ve,tb
ana t"enty-eighh DAYS of June, one thoufand EIGHT
hundred IN and for the iaid dricf, by, and before
Hnale, one OF the judges of the iupreme court
te ia" oiiiteo States, and Cunning Bedford DIFF
diitrid ava e i'iu
SeeonS. the iecond interrogatory this deponert
ih, that he was preient in court OF the fr dav of
the lad court mentioned in this deponen, anf,er =.
the hrit interrogaory, when the grand urv then and
there attending after having received a CHARGE from
'le aia Samuel Chae as pr fding Judge retired 70
OF the fad court ~ '
Third To the third interrogatorv this denopen,
aith that the grand jury, through their foreman
oeg aked by the clerk the quetion ftated in the third
did aniwer, that they had found no bills
OF Indictment nor had any preientmen,s to make.
roH'f5. 10 the fourth nterrogatory this depo-
e't laifi' that the iad Samuel Chaie, did, on recev
eaiwer from the grand jury mentioned in this de-
pohent aniwer to the third interrogatory obrerv.
to that body in his hearing That he had been =;
formed or heard, highly fictitious temper or dfno-
htion had rlanifefted in the fate of Delaware an,or
Certain Gals OF people, particularly in New CaRis
county, and more particularly in the town of Wi.
m'nSton' where lived mott fictitious printer. m
Ieaihed by any principle of virtue, and recardIe els of
lIel"i Iraer-lh hat the name of this printer was
mere the learned Judge paufed for moment and tbe,
ooierved)- Perhaps it might be affirming too much
10 mention the name Of this perlon but II become,
your ipeeial duty, and you NUT enquire DILIGENTLY
INTO this matter That although this aeponen, vii,
not undertake to fay that every word as here ft forth
Is P1ecieiy what the honorable judge exprefed =
yet lie perfectly convinced that the language is for
me NOT Pat' what was ufed by the faid judge, and
the IDEAS conveyed by him at the time precelv yyba,
the context imports, wat
fyf6' 10 the hith interrogatory, this deponent
iah that feveral members of the grand ;urv on ,be
oehai OF themfevss and their brethren did as foon
as the laid ju,ge had cloed the oblervatons detailed
N 's a'i"er to 'he fourth interrogatory then and
mere earneitiy requeit the dnif them from
-i'-e vi mat uuty, mentioning the
eoS' Is Fsaio'' TO- he Tcfea, that they were yrnr
i4fers and 1t being the feafon ofharveR, their
petonai attention was moft requite on their farms.
20 winch the Judge replied, " that the bu6pefs m
"nloh ne had called their attention, was OF a mon
urgent and preiiing nature and mutt be attended 70
mat ne could not therefore dfcharge them until the
eniuing day when further information lhould he com
nunicated TO them nthefubied he had referred ,on
OF words to that eTe6-tut this depouen, d;J M,
at the time hear the Judge fay that his detan;ng the
grand Jury was for examining file of papers pubiG.cd
by the faid printer"
on The suction to agree to the leventh article !,
was carried without div(on
The eighth article under confederation
mr.. Net role TO move an amendment, which was
to tfrike out the words declaring that the Horf.
iaVed to itief the liberty of exhibiting at aDv time
hereafter any further articles or other accuGit;on or
Impeachment; againf the fad Samuel Chafe"-and
further, that part which faved to the Houfe the
r9ht OF applying 10 any lUch articles Impeachment, or
accuiaon, which ihall be exhibited to them" 7,
ifeined to him unfair that the Houfe fhoud reCerve
!neh right to themieves if there is any thing more
WIN which ne ought to be charged, i, ought to be
VOW brought forward, and the accufed Ihould he in
'oiiTed at onoe how far mean to 90 in order m
enable him the better TO make his defence
4nr. 7. RaedaI6b hoped the gentleman (NIr. Motif
would not iniilt on the amendment He believed the
article Food very well it was but If il be f,,ltv
mas however one thing in its favor is fortified
president, which is OF iome importance in cafes of
rms nature lie hoped the gentleman who wa,
dcededinend ofthe American people, and ofthe RIGHT,
OF this Houie did not win 10 abrdge the liberties If
the one, the priyjlppes of Tho o.b.r q. II