Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-06-09

10 QueStiGn = snS sslltlup5 oIa1uS taul Ny
suspentls all power 10 commits by any ether
body and The grand jury cannot hnds a
bill unless on evidence On which theywoull
eonyictas a petit jury !; come cs these Two
principles and consider the innmaturitysof
sevidencerwhic always exists AZ the period
sof arrest and commitment; and the sit
ting Of the grand Jury, instead of beinga
season OF admonillon aud alarm, bscon,es
St perfect jubilee TO the gully.
But ills said, that this motion is s an
attempt TO dives, the constituents organ
Iof It's just and proper power:" ! believe,
sir, il was neyersbsfore heard, that an APP Z
Iplication 10 commit for safe keeping was
an eacroachH.eas on the power of the grand
Jury. Would the gentlemen have Us 70 adj.
dress this motion 70 essrand jury! They
might as well propose .hatsws should SUBJ
mi, the bill Of indictment to the Court and
desire them TO say, whether it is trues
bill or NOT. This would indeed De the
ashifting of powers Of which the gentle
d, an complains. Asitis. sir. there is no
manner of collision between the power
which We call <upon the court TO exrfcise
aud The proper power Of the grand jury.
Ihe justices arrest and commit for safe
keeping; then comes The function Of the.
grand Jury todeeide on the trnsa Of the
Indictment exhibited against The prisoner
The two cEices are distinct in poins Of
time and totally d 8srent 10 .hsir natuse &
objects.
BUTT is sai4,ha, There is great incon,
yepieure in submitting great law officer
to the necessity of expressing an opinion
on the crime on motionlike this - that
The judge Ike the juror, should come 20
the Trial with his mind pure aud unbiass-
ed" This argument does not apply tothe
Legality Of the powerwhich We call upon
The court 10 exereises:it goes merely 70 the
sxpediency Of exercising this power anG
if the argu:hen. be true the court oughtne.
yer .o}commi. whether the grand jury.be
sl,ting or not This, however. sir, is q
matter for legislation. not ior judicial con
side,ation. 'Wheneser. the lrgisla,ure shall
decide, BY the force Of this argument, tina,
the court which coHaa1its shall not sit ontkc
trial 10 chief, motion like this will become
Improper at pre- sent, however, the lsgis
la,urs has left this power with the Court s;
and we claim its exercise from eonsidera-
lions Of hc&nloss serious Importance to
truth aud justice.
But, sir, we are tod that this ;nges.iga.
ton is calculated TO keep alive the publc
preiudlcts-au aud we hear great complaints
abou. these public prejudices--;he country
is represented as being -hlled with misre.
presentations and cslpmnies against Aaron
Burr =; be pubic Indignation it is saidis al
ready sohelently excited: this Argument,
also, sir, has no application TO our rigbtto
make this molten; ], does not afsci thcie.
gslity ofour procedure. Bns il the motion
is l.ksly 70 have ,hls rfec1, ne eannothelo
tho human institution is free from Ia,
conseniencies-fhe course we hold is lie
gal one-wilhout il anecessarY one -->>--- va
thick il duty. II is no answer 70 Us then
TO say sha, il may produce ineoavepienc
ies"so the prisoner But le,.ns sonsisler
this monrnful tale # prejudicrs, aud the
likelihood of ahrir Being excited by thlss
motion. Sir, If Aaron Barr be inaocen,,
instead Of resisting ahis mo,ioe he ought
hail il with triumph and esul,atioa -
WHAT'S rive propose II lniradace lot
he rumors which are g oating through the I
world no.the talk Of the multitude. nor
the speculs'ions OF newspapers: batMe. e. ]
viarnce Of facts !; W propose that the who.c 4
violence exculpatory as well as accusaiive
shall come before you instead Of exci.ing
his is the true mode Of correcting pfcjs.
#diccs the world which it's said has been
nisled and iaaamed by falshood, viii now
hear the truth; le. the case come out; lei I.
us known mu b Of whas VIC have heard 4
IS false, Few mu Of i, true: hsw unuca
of what We feel is prejudice how much Of 4