Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-05-27

and be- knew not why the obisc,,oO =.
nowsmade forit could make 10 differs
10 she prisoner or 10 the United Star. .Ss
since if anysof the grand Jurors wer. err. :.
saside, there would either be enouah : :
manning ofshose who had been summa,. s'
or the deficiency would be supplied bv -
narshalfrom among the by-siandsrs, ~
submitted the whole matter to the cour, :
determine whsther testimony should b..s
amined concerning the persona sum1aop.s
or not. ~
Mr.. Ngckhan said he uean. no,;n,.
sa.ion on the marshal, whose intention s.'
be doubted not, were upright; but as n, ' !
was an extraordinary case, aud grea, !,
Temps had been made TO preiudic, i.
public mind agaius, col. Burr, he was ias
si6able in taking every advantage thar sIb.
law gave him. He cited 2 Hawk, Plea.
of the crown. p. 3oz, 16 sect. and 3 b,
Abr. 725, toshev that person bound i
srecognizance to anawera criminal cba,c.
hasa r,ghtsto appear & make objections :.
the grand jury before they are sworp-
Whether plea ia abatement might after.
wards be fled for The error eomm;t,sa
was a question not necessary now to be d,
termined; nsitherswas it the wish of col
Burr 20 resort to that alternative for h (.
anxic0sly desired that the prosscu,iOS
should terminate here, and with grand
jury free from all exceptions,
Mr.. Hay then read the law Of Vifp;;o,
{Rey. Code. p.loo, sec. y and eon!sDd,d
that tks construction attempted to be oo,
upon it was more rigid than could be var.
rau.eJ BY soand sense and good policy
The intention of the law was that "a oood
men, and not liable to any of the eSeep
tons therein stated. should be snmmons5
What reason therefore could Be given 10
prevent the marshal Cf he discovered that
a man whom he had once summoned could
not attend from sammoning another and
thereby securing the attendance Of lhte{5l
number required? The marshal sumnoo,
a mao without knowing the situation Of bis
private affairs. The man Afterwards 10.
forms him that he is subject to aacaasoNs.
BILE domestic difficulties for ezampls, ia.
he is going journey 90 indispensable bu. |
siness. Why should he not excuse him,
and SUMMON another! Where is the all.
thority to prove that the functions Of tho
officer who collects a grand Jury cease
before the day on which it is impanpsll
ed
When the return is made, if sBairi.ni
number do not attend, discretion is ytss
ed In the marshal TO appoint others in tie
room Of the sabsentess: ant is DOT the ptlp,
ciple the same, when he knows tina! the
81. whom be has first summoned, canna:
Attend!
He observed too that the geu,leneu
were jnaaenced by mistaken idea fpr
he had understood tina, the marshal, 10 the
instances to which they alluded, had oa'y
enguired cf the persons said 70 have been
summoned, whether they could sssad or
not expressing his intention to summoa
them, it they could attend; and, upon
their assuring him Of their inability, hsd
applied TO others.
Mr.. Wgckham said that the counsel tor
the u. S. had act fairly met the question
AS the authorities he had cited before were
short, he Rad them, observing that his
only objeC. in doing so was to shewshai
the objection ought to be made bsio'etns
grand jory were in,pauEellea, and ,sne':'
fore ssussnow BE made. 10.
Outhe merits OF the obiees;oa'he SAID
that Mr. Hay mountaineering poi'eyaa1
had 20 weight; that the words oil the ia W
of Virginia being plain on The sublee' y
question ought alone to be regarded; ta''
IL was ssufieien, 20 answer ita lex sc,tpnt
est; thai. poKcy however was on his aide .,
the question; since great danger Wouu
result from permitting marshal whe wa
appointed by the president Of The Unlisa
States, and depsrden. upon him tor op