Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-06-03

ion OF the human passions Towards any
other man, it seems, the attorney would
have been justifiable in using precautions
against alarm and escape it is only i'm
proper when applied to this man. Really,
sir, l recollect nothing in the history of
his department which renders it so very
incredible that Aaron Burr would fly from
a prosecution. But at all events, the at
torney is bound to act on general princi-
pies, and to take care that justice be had
against every one accused, by whatever
name he may be called or bv whatever pre-.
vious reputation he may be distinguished.
This motion, however. 1t seems, is not
legal at this time, because there is Grand
Jury in session. The amount of the posi-
tion is, that although it be generally true,
that the court possesses the power to hear
and commit, vet if there be Grand jury,
this power OF the court is suspended and
the commitment cannot be had unless, in
consequence of prcsenmcnt or bill of in
dictment, found by that body. The gene
raj power of the court being admitted, those
who rely on tins exception should support
1t by authority, and, therefore, the loud cal,
for precedents which we have heard from
the other side, comes improperly from that
quarter We ground this motion on the
those who say that this power is DESTROYED
by the presence ola Grand Jury, shew one
precedent to countenance this original and
raordnary motion. Ibeiieve, sir, NAV
safely affirm, that not single reported
case or dfcfum can be found, which has
the most distant bearing towards such an
idea. Sir, no such dictum or case ought
to exist; 1t would be unreasonable and
destructive OF the purposes otiusticc. For
II the doctrine be true at all, that the pre-
sence OF a Grand Jury suspends the power
To hear and commit by any other authori-
ty, 1t mast be uniformly and universally
true; in every other case as well as this,
and lii every case which can be proposed
while Grand Jury is sitting Now, sir,
let US suppose, that immediately on the
swearing of this Grand Jury and their re i.
tirlns 10 their chamber, Aaron Burr had
been for the first time brought to this
town the members of the evidence scat
tered over the continent; the attorney,
however, in possess an of enough to Justify
the arrest and commitment of the accused
for High Treason, but not enough to au-
thorise Grand Jury to find a true bill.
What is TO be done The court disclaims
any power to hear and commit, because
there is a Grand Jury THE Grand jury
v
is not sufficient to warrant such a finding ::
the natural and unavoidable consequence
would be, that the man must be diSchar-
Sed. And then, according to Mr.. WICK
hams principle OF ethics, that every man
is supposed TO intend the natural conse-
quences OF his own acts, the gentlemen
who advocate this doctrine intend thAt Aa-
ron Burr shall be discharged without
trial.
lbeg you, sir, to recollect what was said
by gentlemen the other day, when ou were
called upon to give an additional charge to
the grand jury. Yen were told that grand
jury should require the same evidence to
find true bill, which petit jury would
require 10 COW CT the prisoner i-Connect
this principle with the doctrine in question:
the sitting of the grand jury suspcuds all
power to commit by any other body-aud
the grand jury, cannot find bill, unless on
evidence on which they would convict as =,
petit jury: connect these two principles
and consider the immaturity of evidence
which always exists at the period of arrest
and commitment and the sitting Of the
grand Jury, instead of being a season of ad-
mention and alarm, becomes a perfect ju-
bilee to The guilty.
But 1t is said, that this motion is can at
tempt 10 di"est the constitutional organ of
it's just and proper power :" believe, sir,
1T was never before heard, that an applica-
ton to commit for sasC-kccplng was an en-
croachment on the power of the grand iu-
ry. Would the gentlemen have us to adj
dress this motion to the grand jury? They
might as we'll propose that we should sub
nit the bill Cf Indictment 60 the court and
desire them to say, whether it is a true bill
or not. This would indeed be the :. shift
ing ofpowers" OF which the gentleman COM
plains. As il is, sir, there is no manner of
collision between the power which we call
upon the court to exercise and the proper
power of the grand jury. The justices ar
rest and commit for safe keeping; then
comes the function Of the grand Jury O de
eide on the truth of the Indictment exhibit
ed against the prisoner. The two Offices
are distinct in point of time and totally diff
ferent in their nature and objects.
But it is said that 60 there is great incon-
venience in submitting great law officer
TO the necessity of express ng an opinion
on the crime on motion like this ;"--'sthat
the Judge, like the juror, should come to the
trial with hs mind pure and unbiased. .
! his argument does not apply to hHe HrraI-
ify of the power whichwe cali upon the court
TO exercise: it goes merely to tie ex pedien-
cy of eXercis ny this power; and f the ar
gument be true the court ought never TO
commit; whether the grand Jury be sitting
or not. This, however, sir, is matter for
legislation, not for judicial consideration
Whenever the legislature shall decide, Ey
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