Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1805-02-20

hrs TIC - Iliioi"Cu, u CAPSIts tU pio"SS
has been the construction of this law by
the courts Of Virginia, and their general
practice. Indesd It would be most strange
i any other construction or practice had
been adopted. There are macy offences
no, capital, which are of a very dangerous
tendency, and on which very severe pun
ishment is inflicted by the laws of Virginia
and to enact BY law that in all such ca
ses, however notorious or proaigate the
Offenders might be, the courts should be
obliged, aitera presen,ment by grand ia.
~ to proceed agails, them by summons
would be to- unAct, that as soon as their
guilt was rendered extremely probable, by
the psesentmen, of a grand jury, ,hey should
receive regular notice, to escape from pun
ishment b. fight or concealment.
1t will also appear as this respondent
believes, bya reference to the laws and
practice OF Virginia, into witch he has
made all the enquiries which circumstances
and the shertness of time allowed him for
preparing his answer, would permit, that all
the cases in which summons IS consider.
ed astte only proper process, are cases Of
petty Offences, which on the prssentment of
a grand jury, are to be tried by the eourtin
a summary wav, without the Intervention OF
a petit jury. Therefore these provisions
had no application TO the case of Calender
which could be no otherwise proceeded
on than by indictment and trial On III. 10
dictmrnt by a petit Jury.
Itmu,t be recollec,ed that the act Of
congress of September oath, 1889. enacss.
secilon "a, that the cour;s of the United
States, sAal have power to issue wis of
hsri facias, haOeas corpus, and ell other
,vrits not specially provided for by statute,
which may be necessary for the exercise of
their respective jurisdictlons,'& agreeable
to the principles and usages OF laws Con-
sequenrly, the cireuit court, where the pro-
,eedIngs IN question took place, had powSr
to issue eapias against the trave,ser,
on the presentment, unless the state law
above mentioned governed the case, and
contained something to restrain the issuing
OF that writ in such case. This .espon,-
ert contends for the reasons above stated.
that this state law neither applied to the
ease, nor contained any thing to peravent
the issuing of caplas, if it had app!i-
ed.
Thus it appears that this respondent, in
ordering capias ia issue against Csl.eu.
der, decided correctly, as it Certainly was
his intention TO do. Blu: he claims 10 o.
Their merit than that of upright intention
in ttis decision for WHEN he made the
decision he was utterly ignorant that such
law e&.stea in Virginia, and declares
thu, he never heard u il, I'LL this article
ws, reported b 2 committee Of ,he house
Of representatives, during the present
Sc sion 81 congress. T3is law was not
mentioned on the trial either By he:
counsel, the ,ravsrser or BY Judge Gfifis,
who certainly had nsuch. better appurtu-
mites Of knowing it tran this respo, de.;,
ard who would no dguss have cied it hai.
they knowa il and considered 1t as appl,ca-
bic to the case. This responder, wei
knows tia; in criminal view, ignorance
Of the law excuses no man ia offending
against il; but This maxim applies not TO-
the decision Of ajndye in whom igno-
rance of,he law in general would certainly
be disqualification for ;his oiac;, though
nc: a cr:me; bu, ignorance Of particular
act Of assembly, Of stale where he was
an utter stranger, must be considered as a
very pardonable error especially as the
counsel for The prisoner to whose case tina.
law is supposed to have applied forbore or
omitted to cite it; and as a Judge of the
state, always resident in it, and long con.
versans with its local laws, either forget
this law, or considered il as inapplicable.
Suohis me answer which this respondent
makes to the fifth article Of impeachment.
II he erred in this case il was through ig.
uorance of the law, and surely ignorance
under such circumstances, cannot be
crime, much less high crime aud misde-
mesnor, for which h. ought to be remov.
ed from his oGcs. ia judge wereiim-