Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-06-25
.Saiurslau. 1nne Is.

A. ZIG lug /tsssftc 3 oSa' - ~ 80
irg cptnion oa shs oo,ion 70 issue sue
yGus Di.css 7secam directed 10 The presi-.
dent sfshe Il S B
The 6bjecf Of the motion now t. be de-
cidsl, is u ob,aia soples Of csrtssa orders
understood 70 have been issued 10 she ianf
aad naYal Off ess Of the u, S for the ap-
spfshensiou Of he accused; and an origl.
nal letter ffSn general Wilkinson to.
lhr presidsns 10 reias,on tc the accused,
with Tic answer of the pscsidens 50 that
letter !; " ailh pspess are soppassd 10 he,
material 70 the defrnce. as the legal
mode nf efssciag this OBJ; sct. a aorior Is
made FOR . sshTosaa duces seettp 10 be d..
rscied to the prrssdsns Of the Uaitsela
S.atss
iaH opposition 20 this motion. preliaai-
naSp.palnthss been made by the counsel
for tTis prosrcstion. 4 hss been insisted.
aty them. HAT ruIsil The grand jury shal!
,iolys fond true bill, the party accused
s.asnes eusissJ,o susFosaas or he aid Of the
tceurs 10 sbsain his ,estineay.
Ii wsiiaot be said lhatthls opinion isnow
far the first tisns advanced in sheU States,
but certainly il is now for the Frs, me al.
vancrd IN Virginia. SO far back as scy
Knowledge of our jurisprudence is possess
ed, the unifsrm practice of this eoaU,ry has
been to pc: nj. any indiv;dus. who was
charged wish any crime 10 prepars FOR bis
dtfener, and is obtninihe processef the
court for the purpose OF eoabllng him oto
do. This practice ssconvenien,, and is as
ennsonant TO justice IS it is to humanity.
1t prevents in great r7::asuTe those de'a}s
Which are 6evsr desirable, whiSh frsqu,n:.
~ occasion the loss of testimony, and
which are oflrn expressive, that would BIZ
Oh. inevitable consequence Of Withholding
ffonn apr.oner The process OF the court,
unsil the inAictmsn, againss him was found
by a Ct and jury. he rishtof sn accused
persoa 20 the process of the court 10 corn.
pei the Attendance 81 witnesses, seems 10,
{ iol.ew n scvssa ily from he rigas,o exars.
inc those Witnesses and wharsver ,ha: right
exssis, il would seem reasonable tia. it
should be accompanied with The means of
rendering Is effecsual I..s not doubled
that . peFson who appears before a coGfs
nuder gesognizance. must expect that a
bill WILDE preferred against him, or that
squcssiops concerning he continuance Of tk>
,cccguisance VIII be brought before the
court IN the 6rs,cven, he has the right,
and it is perhaps bis du,y 10 preparation his
-defenee at the trial; in the second event,
il will sots5e denied that he possesses The
sight TO examine Witnesses an the Gns.tioa
or continuing his recoguizance. 10 ether
Case, IL would seem reasonable that he
should be entitled TO the process of the
court to procure the attendance OF his wiz.
Hssses.
The genius and ci,aracssroi euriaws 8.
nsagts are friendly, not 10 condensation
s ali events, but 10 fair add impar,iahrial;
aud they Consequently allow 10 the ascused
the right Of preparing the means TO secure
ssch trial The ohlecticns that the atsor-
MY may refuse TO proceed at this time,
and tbat no day:is hxed for the trial if he
should proceed. presents no real difficulty.
4. would be very insufficient excuse to a
prisoner whe had failed to prepare for his
triaf, 10 saysha. he was cot certain the at.
torney would proceed agains, him. Had
the irdc,meni bsen found at the las, term,
Il w Uuld have been in some measure uncer.
tain whether ;here would have been trial
asthl-, and s.ill>more uncertain % whas day
tha. trial would take place yet subpeuas
would have issued resurnabie TO the first
day of the term, and If, after commence
msps, other subprnas had been required,
they would have issued rctnrnable as she
court might direct. Ia fact all process to
which the law has affixed Go certain return
day is Hiade 1e,urnahle at tie discretion OF
s ahe court.
General principles theu,a generalprac.
80. ora m, favor sf the right af eve rx, ar.