Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-05-27
II RI Il L
GoI. Iarol1 Dnrr,


of Virginia, held at the Capitol in the |
city of Richmond, on Friday, the I'D |
OF May, 1907.
Present JOHN MARSHALL, Chief
Justice of tie United States.
CYRUS GRIFFIN, Judge Of the
United States for the District of
Virginia.
The court was opened at half past
twelve o'clock.
The Marshal ofthe District of Viz
GINA, (Maior Joseph Scott) then pre-
ceeded 10 call over the names Of the
persons summoned as grand Jurors
of whom the eighteen following APP
peared; to wit,
William B. Giles, Joseph Eggles-
ton, Lit,leton Waller farewell, Ro-
bert Taylor, Wilson Cary Nicholas,
William Daniel, jr. Iohn Mercer, Ed
ward Pegram, William Foushee,
Munford Beverley, John Amber,
Thomas Harrison, James Barbour,
Joseph c. Cahell, James Peasants,
jr. John Brockenbrough, Alexander
Shepherd, and James NJ. Garnett.
The following were. absent; TO wit,
Carter Page, James p. Preston,
Carter Beverley, Benjamin Hatcher,
Richard Ctump, and Thomas Brock
enbrough.
Col. Aaron Burr appeared at the
opening of the court, seateh in the
front bar with his counsel, Edmund
Randolph, John Wickham, Benjamin
Bolts, and John Baker, Esquires.
Within the bar were seated George
Hay, Esq. (Attorney of the United
States for the District of Virginia.
and Alexander M'Rae, and William
Writ, Esquires, whom it was under
stood were to be assistant counsel for
the prosecution.
Immediately after the grand Jury
had been called, MIR. Wickham en-
qaired how many had appeared and
was answered eighteen only"
Col. Burr then rose and addressed
the court as follows:
May it please the court,
Before any farther proceedings
are had in arranging the PANEL, with
your permission, | will notice an ir-
regularity, which / am informed has
taken place in summoning the grand
jury, and which may lay the founda-
ton OF an exception to part of them.
The court having assented, he pro-
ceeded
Unquestionably the marshal of this
district in summoning the grand jury
acts under the authority of the laws
of Virginia; not of the laws of the
United States. When he has sum-
moned twenty-four grand jurors his
authority ceases and he has no pow
er to summon the twenty-hfth. But
have understood that practice,
which is certainly erroneous, howe
yer innocent, has existed. 1t has been
deemed no improperly in the mar
shall or his deputies, after they have
summoned twenty-four persons, if "a
ny of them should be unable to at
tend to complete the PANEL by sum-
noning others and am informed
that this has been done on the present
occasion. contend therefore that
all above the first twenty -four have
been improperly summoned. This
objectiongoesto an irregular,ty on the
part of the marshal, an irregularitv
which will affect some few persons, &
buta few. Afterwards, there may be
some other objections, which it will
be proper to mention at future peri
cd.
Mr.. Bolts. An overwhelming pre-
judice, against Col. Burr, has been
extended from Boston TO Savannah.
The state of the public mind being so
inauspicious, he cannot give up the
benefits Of legal trial. The past
measures, as well as those which the !
progress of the investigation may un.
fold, will be strictly scrutinized. |
he facts complained Of by Col. Burr !
know have happened.
The 29th section of the judicial act /
refers to the state regulations for the |
mode OF converting grand iuries. The |
1st section of the state law directs,
that the officer shall summon twenty |
four freeholders who, or any sixteen
of whom, shall be grand jury. fla
sufficient number of the said freehol.