Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-10-27

he fact. is not presumed to be 81 ccmpe-
tent Judge OF tho law the case as lie is.
to whom the power Of deciding il, is conf
ded. =. .rs.n
Had these proceedings commenced with
the present motion founded on testimony
such as Is now adduced, ] certainly should
have telt no difficulty in deciding on it.
iSut the proceedings are not now commence
ing. The persons against whom this mo.
ton is made have been seized, one in the
Mississippi territory, one in Kentucky, and
one In thc western parts of Pennsylvania or
New York, and brought to this place for
trial. An immense number of witnesses
have been assembled, and very extensive
investigation Of the transactions alleged to
be criminal has taken place. The result
has been the acquittal of one of the accused
np'n the principle, that the offence, if COM
united any where, was committed out Of
the jurisdiction OF this court and a noUc
froseQHt has been entered with respect to
the others The witnesses, intended TO es-
tab.ish the charge before Jury, have been
examined, and the probability OF Obtaining
testimony which can materially vary the
case is admitted to be very remote The
great personal and pccunisry snfferings al
ready sustained must be allowed also to fur.
~ '"'N "'''''NtS, lor requiring rathSr
se'o''Eer 'eso"'"'y 10 transmit the accused
'" "",H.I"t str'c Io' 'r'ai, 1hah "oaid be re-
qrl 'eH ~ ;',e ''iS' instance IL may hke-
~ ue "o'.eH as considerable or some
n'-e"S' ,"t, 'he JuoSe VINO hears the mo-
u'"' Va" sitting as an examining magistrate,
Is one of those who is by law entrusted with
the power of deciding finally on the case :;
and there seems Ia be on that account the
less reason for referring the Dartv IN .. die
t'"T' ''"uho' on point, on winch slight
"'p,' MY eN'S''
Z" ''o' osieVe tnat IN England, whence
cur ieg2' system IS cerved, justice Of as
$ESe ana "'S' N'FWS' aticr nearing the whole
testimony WONG commit Tor trial in another
Vou"'!' man VINO haa oeen tried IN an i'm
proper county unless the probable cause
was l',"ch stronger thaa would be required
va ,r Ta,''''''! ,Cca4'ohS'
N'Ss '''''''I''ng CONSCIENTIOUS certain
!! 'e''.e' ,he questions 70 ne oeclded more
Wv, - .'".' u'eE would oe III al1sre Mt
conceived il TO he ms, dnt No., ON
sight ground hut AZ the same time can
"ot permit myself 10 be governed by the
same rules which would regulate my con-
''' ~, ON :" Ti''i III chief.
- are HIr'a'' principles attached TO
~ ,- vi. C"'f"C'crS OF Judge sitting
t"';i'i''S hi'6ls'ra'e ana on trial
conduct even md f;rc,,.,,,.arnns l;i.o
thnsc which attend the nr,,r.sn+ cass u ;e
. maxim UNIVERSAL in rheo,.v. tbs eo1na-
times neglected in practice, that is in cri.
minal prosecutions, there be doubts either
as to fact or law, the decision OUGHT 10 be in
favor of the accused. This'pr;ncip!e must
be reversed on a question IF commitment.
In ii case ike the pre- sent, if the Judge has
Formed clear opinion of the law or fact.
which there is not much reason to suDDose
additional testimony might he obtained to
change. il would lie Injustice to the public.
10 the accused, and to that host of witnesses
who mnst he drawn from their private ~
vacations to the trial, should he take a
step which III his judgment could produce
only. vexation and expense; but ii ne en-
tertains serious doubts as to the law or fact.
1t rs, think, his duty even in a case like
this, not to discharge, but to commit.
The charges aya,nst ,ba ,cc,sad o
ISL: mat they have levied war agains;
vhe omted states at the mouth of Cum
"eFidUu river In kentucky; and
%. That they have begun and provided
the means for military expedition a.
gainst nation with which the United
States were at peace.
With resnect 70 o,a e -,
nre,i,nirarv d.renc. -, 't1l W d
of !, ,Ico NJ o,,,reCa;. 80. al INC nature
r.