Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-05-27
aIersHorta Dajlp aDbfrftseT.
WEDNESDAY, Mar ~.
* tsss,s q s-e+s,--- s4ssS saS
From THE YIRGLNLd ARGUS.
TRIAL
TRIAL
{ COL. AARON BURR.

{.
COL. AARON BURR.
Yesterday the 22d inst. the circuit court
Of the y S. for the fifth circuit and district
of Virginia, commenced its session 10 this
city. The expected trial of colonel Burr
drew together an immense concourse Of
ci,izens from various parts Of the union !:
indeed far exceeding any that We reeollect
ever to have sesn upon any former occa-
sion. q
AT half pas. IL o'clock the court was o.
pened, present
1oha MarshaA chief justice Of the y.
States.
Cyrus GnHn. jadge Of the district Of
Virginia.
Before the grand jury was imparnelled.
ard sworn, a lengthy and desul.ory argu-
ment took place between col Burr with his
counsel on the one side and the attorney
for the u. S. ia the district of Virginia, on
the other, 10 relation to exceptions taken
by the former to the manner in whichs ome
of the jurors were summoned. and finally
to objections TO some individual members
of .hejury. The late hour at whieh1he
court adjourned obliges as to compress 10.
TO as narrow a compass as possible, the
proceedings in this preliminary, stage of the
business. Indeed, if it were 10 our power
to prepare the arguments at full length. we
doub. extremely the proprie,y Of publish
ing them during the tendency of shetrial,
before even the petit jury shall be sworn
especially as some eff those arguments con-
tanned a degree Of asperity which might
possibly influence the minds Of those who
may Gnally passbs.weea the u. S. and the
accused.
After it was asccrtained ,ha. eighteen Of
the grand jury had answered TO their names
col. Burr stated an objection to the manner
in which pavt OF thrmhad been summoned
by the marshal. He disclaimed eyeryidea
.of casting any impn,ation On that officer,
unfavorable either to him or his deputies,
but considered the regularity of his pro
ceediugs as the mere effect OF an error 10
constituting the law, which error it was pro-
per TO correct. He adyerted TO the law Of
Virginia, by which "a persons properly
qualified are directed to be summoned as 4
grand jury and commended chat, when the
officer had summoned that number, his
authority ceased, aud he had no power to
ssmmon the twenty. fifth. In the present
case, he said, he was authorised to state,
that AFTER The marshal had summoned the
number required by law, heshad accepted
of, excuses from part Of them, and haA af..
.terwards.compteled The panneIby summon.
ing additional members.
r He was followed by Mr.. Botts, who went.
more particularly into 40 examination Of
the question, and referred tothe judicial
act OF congress and thelaws OF Virginia,
prescribing the duty Of oficerasin summons
ing grand jury. He also cited the case
of Alarbury o. Madison G Cranch) to shewf
that when a ministerial act WIS once per-.
formed by an officer, it was irrevocable.,
Il was proposed on the part Of col. Burr!
thar the marshal should be INTERCEPTED as
to those nembers of the grand jury, who
had beeD1sumnoned after the original pan.
nel Of 24had been completed.
MIR. Hay- district attorney, observed
that he confessed himself not very we'll
sprepared5to answer the objection, : similar
one 20 whict, he had never heard before,
but thathe conceived !: 10 be. Of no import.
aoce, and was willing shasc col. Burr should
be accommodated with . grand Jury, to
which 20 exception could Be made, Il ap.
Peared 10 him indeed NOE tos be proper to
examine witnesses as TO the condactof the
, = & - ttst.,