Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-06-17

cannot be sound that nothing IS evidence but tina,
which masses III favor Of both sides Of a oues,; !
On"
When Mr.. Wickbam had finished. The
Chief Justice observed that although many CD.
servatons. Tin the % the several discussi.
ons which had taken place. had been made by
the gentlemen of the bar, in tnc heat of debate,
OF which the court did not approve, yet the court
had hitherto avoided interfering but rs 4 poin.
ted appeal had been made TO them on this day,
(alluding TO the speech of Mr.. WHIT and they
had been called upon 10 support their own dig
nifty by preventing the government from being
abused, the Court thought it proper 10 declare
that the gentlemen OH both sides had &c ed i'm
property IN the style and spirit If their remarks;
tina, they had been to blame IN endeavoring to
excite the prejudices of the people, and had re-
peatedly accused each other of doing what they
forget they have done themselves. The court
therefore expressed wish that the ccursel for
the United States aud for Col. Burr, would con-
fine themselves on every occasion to the point
really before the cour, that their own good sense
and ,eszrd for their characters required then, 10
follow such 4 course and it was hoped that they
would not hereafter deviate from H.
The Court then adjourned until Thurs
day morning eleven o'clock.
The debate on that day shall &C given in
cur next.
FEN OF THE LATEST PROCEEDINGS.
On Saturday last, the Chief Justice deli
vered the opinion of the court, in favor of
Col. Burr's mo tion for a writ of subpoena
duces tecum, which opinion is as follows =
lE object OF the motion now to be deci-
ded is 20 obtain copies of certain orders I'M
derstood to have been issued to the land s
naval officers of the u. S. for the apprehea-
sion of the accused; and an or ginal letter
from Gen. Wilkinson to the President in
relation to the accused, with the answer OF
the president to that letter which papers
are supposed to be material to the defence.
AS the legal mode of effecting this object.
motion is made for a subpoena duces te-
cum to be directed to the President of the
United States.
In opposition to this motion preliminary
point has been made by the counsel for the
prosecution. 1t has been insisted by them
that, until the grand jury shall have found
true bill, the party accused is not entitled
to subpoenaS or to the aid of the court to OBJ
tain his testimony.
1t will not be said that this opin on is now
for the first time advanced IN the u. States,
but certainly IT is now for the first time adj
vanced in Virginia. SO far back as anv
knowledge of our jurisprudence is possess
ed, the uniform practice of this country has
been to permit any individual who was
charged with any crime, to prepare for hi
defence, and 10 obtain the pr cess of the
court for the purpose of enabling him so to
do. This practice is convenient, and is as
consonant to justice as il is to humanity. II
prevents in a great measure those DELAYS
which are never desirable, which frequent.
ly occasion the loss of testimony, and which
are often oppressive, that would be the in
evitable consequence of Withholding from
prisoner the process of the court until the
Indictment against him was found bv
grand jury. The right of an accused per-
son TO the process OF the court toe mpei the
attendance OF witnesses seems to fellow ne.
cessarlly from the rieht to examine those
witnesses, and wherever that right exists
it would seem reasona | tn It it should be
accompanied with the means f rendering
1t e!fectual. Its not doubted that a pe son
who appears before court under recog-
niZance must expect that bill VIII be pre-
ferred against him, or that question con-
corning the continuance OF the recopni-
zance W II be brought before the court. In
the first event he has the right, and it is
perhaps his duty to prepare for his defence
at the trial (; in the second event, it will
not be denied that he possesses the right to
examine witnesses on the question OF con-
tinung his recogn zance. In either case it
would seem reasonable that he should be
entitled to the process of the court to pro-
cure the attendance of his witnesses.
The genius and character of our laws &
usages are friendly, not to condemnation at
all events, but to a fair and impartial trial;
and they consequently allow to the accused
the right OF preparing the means to secure
such trial The objection that the attor-
ney may refuse to proceed at this term, and
that no day is fixed for the trial if he
should proceed, presents no real difficulty
1t would be very insufficient excuse to a
prisoner who had failed TO prepare for his
trial, to say that he was not certain the at
torney would proceed against him. Had
the indictment been found at the last term,
1t would have been i'll some measure I'M
certain whether there would have been a
trial at this, and still more uncertain on
what day that trial would take place vet
subpoenas would have issued returnable to
the first day of the term, and if, after its
commencement, other subpoenas had been
required, they would have issued returna-
bic as the court might direct. In fact all
process to which the law has affixed no
certain return day is made returnable at
the discretion Of the court.
General principles thon and general prac-
tee are in favor Of the right of every accu.
sed person so soon as his case is i'm court.
to prepare for his defence, and TO receive
the aid of the process of the court to COM
pei the attendance of his witnesses.
The cons tuition and laws of tbe IT c