The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-05-26

has the power to dfcbarge perfon already |
fummoned. The 25th therefore is not FUN \
moned.--Unlefs the jury be competed of bye
flanders, the 24 firtt fummoned mutt form the
jury; 10 of whom confitute a qnorau,.-It
follows therefore, that no one can be on the
Grand Jury, unlefs he be one Of the "a hrl
fusnmoned. or one who has been feleeted from
,he bye. flanders the direction of the Court
When then the Pannei has been once compIet-
ed by the MARTIAL, its deficiencies can be fup
piled from the bye-handers only.-The Chief
Jufiee obfefved, that he was not very well ac-
Clain,ed whit the practice in our State Courts,
but he believed that it had been the practice of
the iheriffs, to execute a man fImmoned on the
jury, il he was fatisfied with the execute. So 1t
may have been with the officer of this court,
whom he himfelf did not doubt had acted with
the fincersa regard to what he had believed TO
bethe law. The court is however, of opinion,
that the MARTIAL has no (uch dfpenGug power.
One very obvious reaion againft the narihaPs
pofefling this power of fubtitution was, that
if perfon fummoned fhould come into court
and prove that he had been actually fummon-
ed, he certainly would be on the Grand Jury.
The general principle is, that when perfon
is put on the PANEL, he ftands upon that pan
mel; and cannot be difpiaced by the martial.
There is an evident determination between
thus fummonng a Grand Juryman and mere
ly talking to A perfon about funmoning him.
The court, therefore, is Of opinion, that
a ptrfon fubttuted in the place of one actually
fummoned, cannot be confidered being on
the panne'.
Mr.. BuRR.-The Court having co.incided
with the principle laid down, we mutt ak their
aid to come at the facts. We win to know,
when certain pcrfons were fummoned, when
difcharged, and whether Others were fubfitut-
ed in their room.
THE MARsHAL-faid he had not the leaf
objection to flate all the facts, uecenary to be
known on this occafion.-A few days ago, he
had received a letter from Col. John Taylor OF
Carolina, one ofthofe who had been fummon-
ed on the jury: in which he tates, thai hur-
ricane of wind had injured his Carriage Houfe,
and withit, his Carriages 20 as TO prevent his
uling them: and that his indifpofiton prevent
ed his riding on horfe-back to Richmond.
This letter he had laid before both their honcurs
and the Chief Juiiice had deemed his execute rea-
fonabIe. He had then fummoped MIR. Barbour to
fervei Col. Taylor's p'ace.-He had alto receiv.
ed letter from Mr.. John McRae, informing
that he was going to leave the tate for his
health. He had in confequence fummoned
Dir. Foull,ee in his place. The MARTIAL added
that he has felt it to be his duty to bring "a
jurymen into court and upon this principle
re had Acted.
Mr.. Burr. It feems to be eftablifhed, that
Mir. Taylor and Mr.. N1cRae have been trick
en- off the pasnel. Their fubftutes were--
TIE MARSHAL. DIR. Fouiliee and Mr.
Barbour.
CHIEr JusrIcE. The Court decides, tina,
DR.. Fouihee and Mr.. Barbour are not on the
Grand Jury.
Mr.. BURR. underffand that the PANEL is to be
reduced to Co and that if have any othey except
tn make them they are, this is the time or
offering them.'ti is with Tome regret fir that ilal
proceed now, to exercile the privilege Of challeng
ing two others through favour. In exereifing th,
right, 9all perhaps appeal to the authority of the
court to .!y thefe Jurors. Left however, that nigh,
be ccneed it is perhaps better to fettle the princ
pie fri.
MIR. HAY contelfeJ the right; and calledfor the law
Ma BURR, Let it be diain6fy under(tood that
claim the fame right with refpea to the Grand Ju
ry,a, before Petit Jury will admit, that is
perenptory challenge, hut that NUT thew caule
IL will be of courir Derefiary appoint trers; be-
fore whom the party hiniief and the wi,nefIes may
appear.
Mr. BORIS. There can beno Guelion, that a
perfon ftaneng in the Gtuation of Col. Burr, may
shalenge the Jury through favour; and forfiO, in
cafes Of nldemeanor. Mr. Bolts here cited his au-
thsrity aud continued: Our caufes of challenge
we.scknowledge, muh be made out by teitimony. I:
is neeefiary that iuch impurty fhou!d into
the germ of this trial, may contamate all its uh-
iequent itages We intend no kind of reflection up.
on the honeily Of any of the preient Jurors but
che principles Of plain fenfe, let put aide
every pohbie cauie which may defeat the purpoiss OF
juaice.
Mr. HAY '1ted, that he fhoud not certainly OPP
pofc the introduction of any fubfantal exceptions In
the prefent CAFE the law feemed 10 be as the oppoe
counfel had ifated it.
Mr.. BUR-. iha than proceed to name the two
peElonS and eaufes of challenge. The frit liall
name, is VIM. B. Giles: aganft whom there two
cauf+s Of challenge, the fra matter of fome
riey, becaufe it depends upon certain documents the
fecond is matter Of faa, and will require to be Gub-
hantiated by wituedes. AS to the fra MIR. Giles
fcn to pronounce upon certain documents, in which
] was conhdered to be particularly concerned. Up
on thofs documents he had pronounced the Proprety
OF Impending the tlsbeas Corpus Act. The couli-
fulton, however, fOrbids fuch fupenion, unlcGs in
cafes of rebellion or great public danger. 1t was,
wherefore, go be inferred, that Mr.. G.. did fuppoe
there was rebellion and public danger of no COM
mon kind IL was uuneoeiiary TO oblerve, that with
this rebellion and this danger, nlyfslf had been
fuppofed TO be counecled-Perhaps this was fulfil
Gent realon for fetting alide Mr. G. But If not Il
fIall attempt to eadbifh By evidence, that he has
hnce confirmed thefe Expeditions of his opinions that
he has declared, thele documents contained guilt and
o the highel grade.
Mr.. BORIS obferved, that there no neeefi,y
oil adding any thing to the obleryations Of Col Burr.
II the right q; challenge exits, There nun ALTO ex-
~ the right to try the ehaenge.-WhiIe he was up,
however, he would declare that PREDICTION was in
tended to be made upon the character and condua Of
Mr. Giles That gentleman would be candid enough