The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-02-26

that he ihoud not BY gub,erfuges and frivolous pre-
fences por with the iu0ce of the country ard evade
that punihmeut of Which, guilty, he 70 proper
AZ nhieA THEE ;n.ent,cns I've IS confident ssrs L.
"a end Audable and If, IN any part ofhs ccadu6, he
fwerved from this line, it error of his judg-
ment and not Of his heart.
And the jaid Respondent for plea 20 the lad fourth
article Of impeachment faith, that he guilty, o
any high crime ard mildcmearor in and by the fad
fourth article is al.'ged agaia him, ard this he
prays may be erquired Of by this hororaIe court IN
iuch manner as law ana uGce fLall fcen to require
The fifth article of impeachment charges
this Respondent. with haviur awarded "a capi-
as aE2;nIt the body of the fiid James Thompioa
Calender, indicted Cor an offence rot catifoE
whereupon tie f2id Calender was srrcted and
committed to cloG cufOdy, contrary to law IN
that cafe made and provided"
This charge is rcned, m, on The a6t % Cou-
grSfs OF September OATH, 1889, entitled, . IN
al to eGahlifh the judicial courts Of the United
States" by which it is enacted "that for any
crime or offence agai'.f the United States, the
offender may be arrefed, imprifoned, or bdied.
agreeably to the utha mode of procele, in the
rate where fiict offender may be found" AM
2dly, ON 4 law of the tate Of Virginia, which
is faid to provide ''that upon byeifsifnieHf by
any arand Jury, ne an offence not cGb;ta!, the
court fall order the clerk 70 iffue fDamcaJ
aganit the perion perions 10 offending, 20
appear and antwer tuch pretertr'ent 2t the newt
court" II is contcnded, IN fupport of this
charge, that the az of Congreit abovemention-
ed, made the ftate law the rule of proceeding,
and that the fate law was violated by ifuiog a
caHias agaiuG Callender, naead of FUN
mons.
The firf obfsrvation to be made on this part
OF the cafe is, that The date OF the law of Viz
GINA is not mentioned in the article. very
material oWifTon For it casnot be contend
cd, that by the aS Of Cong 10 quuftior,
w;irh was paf1td for ,0abufling the laws of
the United States, and regulating their pro-
ceedinps, il wGs intended to ,s7sGer- thefe pro-
ceedings deecnderl on Ill future acts If the
fate Legislatures. The intention certainly was,
70 adopt, 70 a certain limited extent, the regu-
lstions exiting in The hares at the time OF paf-
iing the act. Confequenty, law Of Virginia,
paffed after this act, can have no operation on
the Proce diucs under it. But by referring 70
the law of Virginia in queltiou, il will he found
to bear date on November 18th, 1892, NOR
than three years after this act of Congrefs, b.
which tits faj to hive been adopted. But the
omiilion of the date Of this law of Virginia, is
not the rof material overnight which has been
made in citing it. Jsttle is EEAn act directing
the method Of proceeding ageinf free perlons.
charged with certain crimes,'' &c and II en-
acts, fc6lion 2sth, "Thst upon preieutnout
made by The grand iurv, of an ofT-ucs not a
pits. the court fllall order the clerk % iFue
luminous, or ofhs~ br06ey brocs,G. sgaiaG the
pcr!Cn or perfGIs 70 pretnteG, 10 appear and
a1lwcrat the next court" T. viii be 0rftrved
that tnefe wOrr.G, cor other rrc-,rr i,-1,.-fe >
which leave i. perfet1v il tie difcrttion Of re
court what rr0cefa fl3al iGue, provided Il be-
i'Ich as rs proper for bringing the offender 10
aniwer 70 the prtisntment, are omitted in this
article OF Impeachment.
From thetc words 1t is perfectly rnanifen
that the law OF Virginia, admitting i to aDuiv.
did not order idmmons TO be iiued, hut left
it peri. ny ia The dfcretion OF the cour. to f.
iue luminous, or fuch other procefs as thew
ihouid judge proper. K is therefore fofI;ci-
ent antv'cr TO this article 70 FAY, mat This re-
ipondent considered capas i a., proper bro
cefs, and therefore ordered u Ia i,ie winch
he admits that ne did, immediately after the
preientnent was found aglinf tie laid CaI:en-
der, by The grand iury.
This he is informed, and sxpe6ts 20 prove,
has been the contribution of this law by the
courts of Virginia. art their general praStice.
Indeed II would be moi. itranEe, If any Other
co;ii;;Tf:ee ti0ii q p,ati.,r haci .een adac.ee!
There are many offences not capital. which are
Ola very dangerous tendency, aud on which We
~ feVere puai.hneut is inflicted by The laws Of
Virginia and TO ena3 1y law that in al! fhch
cafes, however notoiinnS or Dro6igate the Of
Tenders might DC, the courts 1lould be OBLIGED
afiera prefentment by a grand iury to proceed
aga'nft them by luminous wouid be to enact
that rs foon as their guilt was rendered ex-
tremelY probable, By the prsflntment Of A
grand iury, they lhouid receive rcgui4r notice,
to eicape from puDhment ny flight or conceal
ment.
+ will alto appear, as this refpoadcnt he
l!eves, by reference TO the laws and r-,9 &c
Of Virginia, into wsich he has made all the en-
quI1es which circumstances and the dbortnefs