The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-05-26

mott injurious confeGuences.-l think it urcef
fary, therefore, To make an inveltsation into
this point. do not coufider it improper 20
ak the marihal and his tepr.es, at what time
they fnmmoned the different parts of,the pam
mel whence it may be known, at what iiue
different parts OF 1t came in, and whether fone
nave not been iubitituted in place of thofc
Stricken OIL fufpeet that fome few on this
Pannel are placed IN that predcament. When
we have iettled this objection, if,all after
wards proceed to exceptions Of different ma
ture.
MIR. Boris obferved, that il was the 9eth of
the Judicial acts OF Congrefs which refers TO the
duties of the Martial: betides a difinct act
which enumerates other duties. Neither of
tnoie laws ipeeifed any particular mode by
which marihaIs were to fnmmonJuries in the
different difriets. the II fiction of the
Virginia act, the fheriff is to fnmmop "a free
nolders any "a of whom appearing are to con-
ititute Grand Jury. The III fiction does not
fate he is to make return but ditinet act
does Rate penalty, If he violates the duties
prefcribed by the It fiction. Col. Burris anx-
GUS to have nothing more than fair trial. He
AXIS the tretef fcrutiny into tnf meafures, and
INTO thoie, which may fubfequently arife. An
important intere2 is involved in the authority
OF the Grand Jury; and if there be any irregu-
iarity in the Marfhal's luminous, it ought now
to be reetihed.-By the att of Virginia, iherifi,
ana by the law of Congrefs, Martial, are
mere miniterial officers bound to difcharge a
certain duty.--He is to fummon "a Jurors !:
when that's done, his duty is at an end, and
MS act is irrevocable. If any other mcafures
are to be purified, it mutt be done before the
Court. who have the authority to execute thofe
VINO have been fu'nmoned; and to direa the
Martha TO fubfitute others, until the necefla-
ny quorum be complicated. MIR. B. obferved,
that he had no intention of eating the flightcft
imputaton upon the Martial for his conduct
IN thi: traniaction that his honorable charac-
ter placed him above fufpciop; and that if
thers be any :1ult, it mutt have foley arifen
rom official milcouception that he did not
propofe to intcrrogate Major Scott in any form,
that might pofibly criminatc him but that
the court had right 10 enquire into his con-
auct, and If any error was tound, to corre6t it |:
that II ne was however ovcrruled in this mo-
ton, he would then crave the court for leave
10 produce teaimony on the facts that he
TOOK II for granted, if Jingle moment in.
tervened between the fummoning of Juror,
and the meeting of court, that the court alone
mad the power to diicharge him: that with
regard to the preient panel, it would in fome
or the cafes appear, that the MARTIAL after FUN
moning one individual, had notified another
TO attend; IN other words, he had fummoned
nia according to the legal definition of the
term luminous" Was this the duty of the
marinal Certainly not. When the original
PANEL is complete, his duty is at an end.
He mutt return that very PANEL precifely in it's
original fhape without any addition. What
might not refuit from different
practice; particularly in cafes of extreme i'm
Portance where the government was concern
ed hoce the martial depended upon the GO
vernment itfelf for the duration of his COM
million ?---Mr. b. therefore contended, that
the minferial duties of MARTIAL ceafed with
the luminous which he gave; and that if the
Jurors did not appear, it was the privilege of
the court TO fnppy any illegal deficiency.
lie cited the deciion of the Supreme Court of
the United States in the cafe Of Marbury Us.
Madlion, TO thew, that when the miniterial
duty of an officer was discharged, his power
neceRariiy ceafed, and his act was irrevocable.
This doctrine was of uniyeifal application in
law both in America aHd England. 1t was ap-
pcaple to fheriff, after he had lerved cora-
mon writ OF Fieri JaeiaJ. IF he luminous a
petit juryman, who fails to attend before the
court, it is the right Of the court alone to fine
or to execute him.--Mr. b. obierved, that he
wihhed to, ak the MARTIAL who were the 90
whom helhad fri fummoned for that thefc %
contributed the Grand jury. Every one beyond
that number was illegally fummoned. 1t was
ton of the PANEL.
Mr.. HAY obferyed, that he was not prepared
to make any obiervations upon this ouefion, al
1t was point, which he had never before had
any occahon TO confder that the proportion,
however, was of no great Importance, 6nce if
any OF them were fet aide, there would Rill be
fuiicient number remaining TO conittute a
jury, or She deficiency might be fupplied by
new luminous among the bye-ftanders. If
there were in reality any objection to the re-
guarity OF the luminous, he was willing to &C.
commcdate the opPohte council that he was
not certain, how far it was ftri6tly proper to in
terrogate or to examine into the time of fun
moning the different members of the paDneI,
as ne had not been very convcrlant with buff
Deis OF this kind he was however content, that
the court ihould decide and If it be their OPT
Mon, that the Martial fhould be interrogat ed,
how many jurymen he had fummoned, and
when he had discharged them, he fhould feel
perfectly fatsfed.
Mr.. WIcKHAM. We declare, Sir, before
we go into this enquiry, that we mean no per-
ional imputation upon the Respectable MARTIAL.
His intentions were evidently pure it is an err
ror of judgment alone to which we can politely
object. But in the prefent cafe, where fuch
important intefefts are at take, and where fuch
unjutlfiable means have been ufed to prejudice
the public mind againt col. Burr, it was his
right to take every advantage which the law
gave hIm.-We are prepared to fhow, that
when psrion is bound in recognizance, he
has right at this period of the bufnefs, to
come before the court with his exceptions to
the G. Jury. And if in any other cafe, why
not in one of luch deem iur,orfaure an fhe rre