Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-08-27

TUESDAY, HUevsT Is.
Present JoHs MARSHALL chief Justice q
the United States.
The CHEF 3ussics dsiivesedshe opinion
s Of the court, on the motion OF Yesterday,
I made hxScols Barr. 70 controls the counsel
) Of the UsSsares 10 lhe order OF introduc-
irr their violence. so as tosexciude ell other
sestimony, till evidence was given OF the
overt act Of treason charged 10 the Indiss.
meut.s
The fsl1emirg istaeepimoa delivered By fhr
8 court.
Although this II prec+sely sthe same
sQuest,oo relative to the order ii evidence,
which 'was decided by thts Eourt onS the
rnat,ou 10 cotamit, vci il is now presented
/. under somewhat diEerent circumstances,
!: and may. tho,efere, DOT be scor.'dvird as
8 drserm,nsd BY The former dee,slon. AT
-Ithat time, 10 INDICTMENT was found, 20
\ plesdiugs existed. and'there ~as no s,aod.
: arE by which the court cuSfd determine
Z the relevancy Of the,c.t,moas cGered. IN.
sitshe fsc.. 10 which il was n apply, saouid
be disciosed. There is nov "a Indictment
spsclfying the chatge wlneffis 20 be prov
ed. ca The part OF the prosecution. fhsrsa IS
an issue made mp, which presrnss . point
), 20 which allsshc testimony must apply and
: sonss qaenly Is is IN the power It 'he
! court {, desermirs, with some accuracy,
On the relevancy of the tcssimuny which
}, may be offered.
Its coutended IN support OF the motion
; which has been made that, according TO
: the regular order ofssidence and the usage
of courts, the existence of the fact on
Which the charge depends, ought 10 be
shown. before any ,es.imony explanatory,
! or conf matory ofSsae fact can be received.
Apainss The mI,ion il is Eoatendad that
the crishe alleJgsd N the Indictment, coa-
sistaof two parts rhc facs aud the iutsn
). ton, and that /. is.iu the discretion OF the
!, attorney far.the u. S. fret to adduce the
enc or the other; that 10 instance has
ever oecurred Of the interference OF
) court with tina, arrsoge mens which he has
! shougtx proper 10 make.
- As is nos unirequen'. the arguments on
j both sides appears 40 be, 10 many respects,
: correct. Ii is the most usual, aGd appears
! co be sfhe natural o der OF testimony, to
show. Erst, the sxisteoce ot the tact re-
: speeding which the enquiry is 10 be made.
IL 10 uuuaest;ooablv attended with this sd
vantage !; there is a fixed and CERTAIN Sd,
iect 20 which the Misd applies with prrci-
sion. all he testimony which may be rrceiv.
ID &c sae caars can decide With less d,fkcal
~ on the relevancy of all the testimony
which may be offered. Bot ibis arrange.
:. men,i. not clearly shewn, to be established
J. hy any e. ed f.le OF evidence, aud no case
has beer sdduced 10 which II has bFeu fo' c.
cd BY The court. on the counsel.ior the pro.
3 eecutiou.
% one side il hiss been commended that
,sby seqoirirg the exhsbaion Of The tact 10
fhe ffN instance great deal OF time may
BE Ga, ed sinye there may b. a total irfiu5e
OF eroef wi,h respect 70 the fact, and a's
;sxraD meps has brsn answered. BY .bssrv itg,
that shcuid shrre even tie such future. they
could NOT interpose and arrest shc progress
/, of the cause but mus, perm 'he ctAaasei
for the prosecution 10 proceed s'tn tna'
testimony which is now offered.
Lerying Of war is fact, which .nust6e
decided by the Jury. 4 be court may gfve
general ins,ructions ouathis, as ca every
other QUESTION brough. before them, but
the Jury must decide upon it as compound,
ed Of facs sed law. Two assemblages Of
men. NOT unlike 10 appearance. possibly
NAV be. the one treasonab!e anc the other
: inpscent. II, therefore, the fact exhibited
To the court and jury. should, 10 the OPT.
n;ou of the court, nos amount te the act Of
levyipc war, the court could not stop the
;spfosesutiou but must permit the coun-
ist forsshe y. S. TO proceed toshow, the 10
,en,ion OF the act IN order 20 enable the