Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-06-25
asesriaini1g how they bear upon the aues.

sscsflain1OS now stisy bsat uFoa 1i1S "a W.
ltisn.
The 8 h amend neDt TO the constitution
+ givessto the accused, in all criminalprosecu:
lions RICH, 10 q speedy and public trial
and 70 compulsory process Tor obtaining
witnesses Ia his favsr. The rights gwen
/ by this article must be deemed sacred by
The courts, aad the article should be SO con,
strued as 10 be something more than a
dead letter. VIVA: can more tfec.usliy e.
lude The rightto a speedy trial than the dc.
c;aration ,ha, tt,c accused shall be disabled
from preparing for it until an indicsmen:
shall-be found against him? Its certain.
~ much more in The true spirit Of the pro.
vision which entities him to onpulsory
process az soon as he is brought iRto
court.
These observations derive additional
/ force frcma consideration Of the manner in
which, this subject has been contemplated
BY congress lis obviously the intention
Of the national legislature, that in all CAPT
tai cases the accused shall BE- entitled to
process before indictment found. The
words Of the law are $ aud every such per-
son or persons accused or indicted cfihe
crimes aforesaid (ihas ia of ,reasoa or any
other capital olfence) shat bt allowed and
ad ;Ni,sed in his said defence TO make any
procf shas he orsshey can produce, BY law.
full witness or witnesses, and shall have the
like process q the court where he or they
shallbe tried, to compel his or their wit
nesses 10 appear at hrs or their trial, as is
usually granted TO compel Witnesses 70 ap-
pear on the prosecution against ihem--sec.
y. I. p. 1f3.
+ This provision is made .cor persons sac-
cused or indicted. From the imperfect.
on of human languages it Frequently happeas
tina, ssnsences~whIch ought ia be the nlcst
explicit, are Of doubtful construction, and
10 this case the wcrds s accused or Hdic
ed" MAY be construed 10 be syDonimacs,
10 deseribe a person in the same situation,
cr'o apply dIAerenta'sges ofine prose,
cu;ien. The word or, may be ,akea in a
con;unc,iveor disiuuc,ive sense. A reason
for understanding them iE the latter sense is
furnished BY theeecsion itself. It commences
with declaring tia, any person who shall
/ be accused end indicted Of ireason, shall
have a copy of the Indictment, &c aslesst
three days, before his trial This righ.
is obviously TO be enjoyed after an ~
dic.meut, and therefore the words are g ae.
cuseu aa9 indicted So with respect
TO tie subsequent clause which authorizes
q party so make nis defence and directs
the court on his application to asslga him
counsel. The words relate to airy person
accused and indicted, Bot when the sec.
ton proceeds TO authorise The compulsory
prccrss tor Witnesses, The phFaseology rs
changed. =, he words are and every per.
sou or persons accustder indicted, &c.,
thereby adopting the expression to the stu.
alton Of an accused person both before and
after indictment. It's &c be rcmasksd too
that The person so accused or indicted is
70 have the like plccess,o compel his or
their wisnesssst,a appear al bis or their ri.
al. a, is Usually granted to compel ,witoess.
es to sppear On the pfssecu,ion aga.ns,
them" The fair construction Of this clause
would seem TO be that with respect-to the
means of compelling the attendance Of
witnesses to be furnished hyshs court, The
prosecution aad defence are p!aredby law
on equal ground. The rightof the pro
secesor 80 take OCT sIbsenas orto avail
himself OF TIE aid Of the cours in any stage
Of the proceedings previous tc The iaGict-
meHt is nst controverts5. This act Of
congress il is tie applies en,y to capital
cases; bat persons charged wish offences
ros capital have Constitutional and legal
right to examine their testimony and this
act ought DOT to De considered as declara.
tory fshe common law 10 cases where this
sorsti .n,iocal RICH, Ell IS.
er4.s, To he o,,t;y,, az