Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-03-23

many oil our laws, to Casual aud superb
cial obsesver, would appear to take their
date so late as the year 1892, although
their provisions were, long before in force.
The 2sth section Of this very a6t ON which
we rely, the court will perceive to have
been enaefed in 1898, one year proceed
ing the aet Of Congress. (virginia laws,
chap. LXXtV. sec. 7s, pa. i06, NorK b.
3 Peasants edition.) Here Mr.. Randolph
read the act referred TO. Upou pre-
sentiment made by grand Jury of an
offence not capital, the court shall order
{ the cierkto issue a summons or other pro.
per process, against the person so pres
sented, TO appeal, and answer such pre-
sentiment at the next court" SC. But the
Respondent aware no doubt OF this fact, AZ
serts that the act mol being sdduced, he
was not bound to know Of lis existence,
and that he ought not to be censurrd for
the omissions Of the traverser's counsel,
whose duty il was to have cited II om.be.
halfoftheir client; and this objection with
the preceding ones, (which Ihsve endeavor-
ed to answer will equally apply to the 9th
article. Sir. when the counsel for the ira
verserwere told by the Judge at the outset,
when they referred to provision of this
very law, that such may be vour local
state laws, here in Virginia, bu, that to
suppose them applying 10 the Courts of
she United States is sufid nofion,' would
it not indeed have been a wli erherinesf,
in them to cite the Same law with a view of
influencing the opinion of a man, who had
scornfulIy secuted the idea that he was to
be governed by il.
Unwilling however to rest himself now,
on the ground which he then. took. the re-
spondent jnsti6ss himself by declaring
that he Complied, though ignorantIy, with
this law, by Issuing that Other fr9her t,ro.
cess, OF which il speaks. that IS a capias.
Bgt that other process must be of the ma
ture of SUMMONS, notify ny tbs part,
$ To appear az The ncrf fe,2a and viii as,y
man pretend 90 say, that capias taking
BIN 10TH close custody aid sbIiging him
to appear not at the next but al the cz,si-
ting term, IS such process as that law de
scribes! sir. not only the law, bur the i,;,,-
form pfs9ice underit az we are preDar
cd 10 shew by evidence. declares TIE caoi-
as not be the proper>p,oces Brt II Is
said thai this would be- no hns more than
no'ice To the. party accused 10 absccud,
and therefore onyaf nos to be law. Sir,
we are not talkiog about wat ought 10
have been Law that Is no concern Of ours
1.-The question IS, wha, mas the .aw.--But
the inpolcy cf his ootie of proceeding
- Tar from being sseersaincd. lis a re-
let TO thr iprocent vino NAV be in n state
o. accusation, Ii saves the expense of
ipprison'pg the guilty., s they should pre-.
Ter voluntary exile to standing a trial, II a
SO very clear mat the state is thereby
more injured than BY holding them TO pti ,
n'sifaent, ae.er which they would re main
in her bosom to perpet ate new offences.
Remember, this proceeding is against pet
" Offenders. not feIons. II does not ap-
ply TO capital cases; to felonies, then, ca
: p'tai, Tor which our law has, since, conn
mutrd the punishment of death into that
OF imprisonment al hard labor.
FOR irrsfer defence against the 9Th ar
ucie, The respondent takes shelter under
th's position: That the provision Of the
law OF the y States establishing the iu-
d'c'ai courts relate only 10 rights acquired
under STATE laws. which came into u.,esti-
on on fhe trial, and not TO forms ef bro
cess before the trial, and can have no ap
plcstion To offences created BY statute,
which Cannot Win I,sopriefy be termed
trla's at " c9rnon issu." We are prepar-
ed to she~ that the words, :. riaIs at COM
mon law are used in that statute, not IN
their most restricted sense, bnl to contra.
distinguish cersain descriptions of cases
from those arising IN equity, or under ma
rltime, or civil law.
VIII pass over the seventh article nj
impeachment. as wei because / ann near
" exhausted, as beirg content 70 leave !,
on The ground where the Respondent him
sell has placed it. Il would be inpo,si
bic Tor US to put IL in stronger tight. TIA,
mas been thrown upon il oy his own adj
mission
he 9th and last article rensins to b,
considered. (Afficle ready ask ,h;