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

ers. We-appcal to the cando.r of the op,oste
council TO port out che zeal ciinn cfion betre
the two cafes. Why e'onlti the MARTIAL have
the right to hl up hrs PANEL, when it is once
ascertained before the coIrt, thar foms of,he
jurymen have not ainslly attended and yss
deny 10 nm the right OF fnbfi,n,ing others IN
the place of thofe he has nmmoned, bnr who.
be is fatis6ed before the meeting of the court.
cannot attend Unread of a difference. the
TWO Gales are frikinely parallel .--What the
tact was, MIR. II. faid, he knew not !: Bot he
believed that fome of thoie who were faid to be
iubhituted. had not been poiitiveIy frmmoned
by the MARTIAL, but had been nicely applied TO,
to know whether they could attend.
Mr.. WrcKHAM contended, that the coun.
lei tor the U. States bad not fairly met the
quetion. There is doubt, whether Col. b;
mas right to come forward with his excep.
tons nosv to the Grand Jury. AS the au,ho-
rites on this fubieet are Ghor., he would take
the liberty of reading them TO the court; -
from theie authorities it manifeifiy Appeared,
lad Mar. w. that perfon bound in arecoyni.
zance had right, before the Grand Jury were
tworn, to Rate his exceptions to the mode %
emPannelling them. tits Cor this reafon. that
Col. Is. has in this taee OF the bufinefs come
forward with his Objectionable. Hay con-
tends that our connfuetion oftbe law is more
rigid than found policy demanded. Bnt when
the words Of the law are Obvious, why fhouH
We refort to dubious contribution Ita Iex
EJeripfn Ell. But it we were to wander into III.
vice helds OF policy, how completely would
It bear againft the gentleman's cauie? Cod
forbid! Sir, that fhould utter the fiehteG
imPutatlon upon the character and official con-
duct OF Maj. Scott. They foar above fufpi-
cion. BUT II once the MARTIAL, who holds his
comm'fon at the will of the government, were
permitted to alter the PANEL as he plearrd.
me HE OF every citizen in this fate would De
held at his pleafure.-it is therefore efIentiailv
important that the miniherial officer f,ou,d
lrigrdly puriuc the ftatute from which he de.
rlyes his duties. And what is this duty in the
Preient lnitance lie to fummon "a free.
holders to ierve on the Grand Jury; any 'Is
OF whom may conftitnte quorum.
Mr.. II. declares that this provifion was a
mere matter OF form for if there be not tut.
hcient number prefent TO conaitute quorum,
the marihai may make up to the fnll number
or "a. But this is not the fast. If Is iurvnlen
attend, the marnial cannot add enc more.-Let
us then apply fuPpofitions cafe The mar.
maj, n notified, that one the jury, whom he
mas fummoned, cannot attend, is authorized
according to Mr.. Hays doctrine to fimmon
fubtitute. 1t is no impeachment to the eyer.
Gle OF this authority, that there be the legal
quorum OF l6 remaining upon the pannei |; he
may proceed to luminous fubRitutes, until he
~ohPSato tue WHCic NUMBER or 81. And VET
II the fame cafe were to happen in court.
the marihal would certainly have no au-
thorlty to complete the whole number. WHY
then fuPpoie fuch difference of authc.
rlty in and out of court why not rather fip-
pole that the MARTIAL has no authority to do.
that out of the court, which he has none to
do before the court LET US fuppofe ano-
Their cafe. A Grand Juror has been fummnn-
ed for feveral weeks, before the meeting of the.
hare .urh & fba
tuficient, according to this doctrine, to ex-
cute him from ferving, and TO fubRitute ano-
ther IN his place, only one hour b,fcre the
meeting OF the court. Mr.. w. declared he
could mention the cafe of man, who has bcea
excuied from this very Panne.
The MARSHAL. Name him, fir, demand
his name.
MR.. WIcKHAM declared he meant no i'm
Putation upon maj Scott; but he would not
iuomlt to fuch interruptions.-If no efficient
execute is given by the abfrnt Juror, he is ftIhiee
to iine.. Is it then commended, that the mar
fha is to fit in the place of the court !; not only
to relieve the Perfon of the juror, but his pro.
perty alto from the fine? The words of thin
law are too plain TO be mifal,en; and there 10
no necefiity of refor,iGg TO any contribution.
One word more, faid Mr. w. If the MARTIAL
has really trapfceDded his powers in this in
ltance, do not hefitate to declare my opinion,
40. NC "tS"oSu u OilCndrPc MS duty with
hdelIty- 1t was no more than an error, to
which all men, however verfsd in the law, are
liable.
Mr.. HAY. Will the court indulge me
with Jingle additional remark / Rated be-
fore, that when the MARTIAL found one of the
Jury, whom he had fummoned, could not at
tend, he was authorized to fummon a fubai-
tute, before the commencement of the fuc-
ceeding term.-Mr. Wickham, however, con-
tends, that the MARTIAL cannot fummon others
after Is have actually appeared, but for what
reaion Becauie thereis really no location for
II. The ohiee of the law is attained. The
Grand Jury is complete and it may not be
neceiiary to take other teps, when that Grand
Juryis legally full.-But before the court con-
venes, how is it pofiible for the MARTIAL to
know how many will attend? According to
the doctrine of the oppofte council, there
fore, there may be no Grand Jury. 1t is to
multiply the chances for this quorum, that I
contend for the power of the MARTIAL TO fill ND
the iubftitutes which may occur. This is GER
talny a very obvious diitint.ion between the
two cafes.
THE CHIEF JUSTICE enqured, whether this
queition had ever come before the Gate courts.
Mr.. RANDoLPH. Not, fir, to my know
ledge. l was more than so years engaged as
| the attorney for the Commonwealth. But
| never have witnefIed cafe like the prefent
| never have ieeD one, where it was 10 abfoute-
ly neceilary to alIert every privilege, which be-
| longs to the accufed.--But az to the abftra6
hoo If n