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

4<rflfT - -
aS,. q IS iutention to wound the marshal,s
6 ss.l;ucs. whose error was certainly pn'n :
NJ. Hay. said before that Fno good
s'...son existed for DOT authorizing the mat*
's.l' ,vhsre he discovered itto9bc certalA
.ss s' ! grand Juror could not attend, 60
-. ...,riu he defficiencv by samm0ning ano-
.ssrb fore the commencement of tac Term.
According 10 that doctrine, It i2sof these
.sho are summoned should tail 20 attenG
, I might be 20 grand jury at ell.
I The chief justice enquired waetaes this
euession had eYer been before the sIase
eosris! J,
Mr.. Randolph answered that itnever had
~;,sin his knowledge. although he had SO
wars ago been attorney for the commons
x,a, Il but there had never been case
l;ke ,he present and therefore no nesesl-'
). ), q make similar objection had ever
Nan frlt. This case was iodeed peculiar
-. for 10 no other had such esrentof
.,.;sdice been ever raised and by means
/ ~ 4 vhishzve shall shortlg nnfold. In this
therefore il becomes accessory to-
r,erd for the rules of whieh We DOW a
9 II ourselves. aud 10 consequence OF the
'..r vested 10 the marshal and his liaoi-
3. 70 be Influenced by the government,
n ~ danger would arise froln reiaxing
them, 50, : yr ..:o
-h;,k has never been decided 10 sbe courts
r e.h;, state we must have recourse tothe !,
y u.sas of the acs of assembly Gully. Ne
soohr "a exception TO the grand jury may
5. taken row. !.
rhelaw Of Virginia authorizes the Off.
j, = summon "a men, but says nnthing
e .ovf more. He therefore cannot sani-
,.ocas. If he desires the 25th manso at
tend Il ought not to be considrredsas
ann mons .but the act issvoid. Most ccr-
,,uly the officer is not aushorizsss 70 dis. /
charge any person. When Is grad jurors
a. No, appe ar,by.s,anders may be sailed &
.;mu.aneiied but if is of those suu,-
nossd do sppaarsthey are TO constitctcsne !
rand Jury. There as-no necessity there 4
IL. 10 vest the marshal with the powerof
exensing those who say they are not able
70 a,.sud. It is indeed the custom OF the
officers in this state to sezercise q discre.
hon ia such cases aud no doubt the mar
shall acted with the best intentions under
% idea tia. bis conduct was proper but
after he has gu IA moned any individual ne
cannot les him off. A plain afgumens 10
support Of this position is that the person
summoned might nevertheless appear tho
not called by tho marshal. and offer hisser !
yiess 10, be sworn on the grand jury; 10 /
which case he could oct be rejected. The
question depends however on the psins
whether there was an actti1l Somnions, for !.
Z scaversation merely preparatory TO =
ssummona is differSntshing- ltis there
fore proper 10 examine the marshal as TO
what has been done.
Maj Joseph Scott the marshal cithedis.
.triei was iheFsupon examined. He said
has he had shewedthe Judges the mselves
sirnsr from Mr.. John. Taylor of Caro-
l'ps, who had been summoned and they
had said thar his excuse expressed IN that
letter wassaficient. He kaathsreiore span-
moned co!onel James Barbour, Of Orange
40 his room ;.brt did ret say thar the judg.
sshad directed him 10 do so, although he
conceived i. to be his dasyia consequence
oiwha. had passed between him and them.
lie acknowledged also that Mr.. John M.
hae, who had been summoned, having
s'ncethat time left the slase, he had un-s
Ger similar Impressions summoned Or.
Nm. Foushee.
The court decided that Mr.. Barbour
sad Dr.. Fousheehad nosiegally been add
sdto'the PANEL of the grad jury, they.
ssre shefefore Withdrawn.
. The pannel having been reducedto is
" the removal Of .hoss gentlemen imPro.
petly summoned, col. Burr expressed some
regret at exercising the privilege. Of chal.
enplnq two nfhers for favor If the RIGHT