Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-06-01

Judge to descend from the bench, and n ~ ~
Character as. an individual magistrate, e !, =
that which the court is asked to do. y
II the court possesses the power, it is ee,
tainly its duty to hear the motion which h..
been made on the part ofthe II. S. for i, ea,s.
Of the character Of that underconsderation t.
duty and its power are cocxtensiye with e,es
other. TWAS observed Wen the motion was
made, and the observation may now be rrDeat.
ed, that the arguments urged on the Dart 4
the accused rather prove the motioa On III.
part ofthe u. S. unnecessary, or that incony.
niences may result from it, than the want Of,
legal right to make it.
The FIRST is, that the grand jury being mn,
in session ready to receive an irdictment ~.
attorney for the y. S. ought to proceed by h;l u
instead Of applying to the court, since the ODlv
purpose of commitment is to bring the a..
.cused before grand jury. This statemen,
contains an intrinsic error which DESTROYS s
operation. The commitment is rot made e.,
the sole purpose of bringing the accused beeoy.
a grand jury it's made for the purpose Of
subiectin5 him personally to the Judgment Of
the law, and the grand jury is only the first
step towards that judgment.
#, as has been argued, the commitment va,
simply to detain the person until grand jury
could be obtained; then its operation would
cease on the assembling of grand iury bn
such is not tic fact. The order of comm
ment retains It's force while the jury is in ces.
sion, and if the prosecutor docs not proceed
the court is accustomed to retain priSonerin
confinement, crto renew his rccogDiRsnce to
subsequent term.
The arguments drawn from the general DO.
Icy OF our Jaws, from the attention which
should be bestowed on prosecutions, Instituted
by special order of the executive, from the
peculiar .:inconyeacies and hardships of this
particular case, from improper effects which
inevitably result from this examination, arc
some Of them subjects for the consideration Of
those who make the motiol:, rather than Of The
court, and others go to the ciccumspect.on with
which the testimony in support of the motion
ought to be weighed, rather than to the duty
Of hearing it.
It has bsen said ,ha. col. Burr already
stands charged with .reasoa, and that,
therefore, amotion to commits hin for the
same offence is improper. Bui the fact is
not so understood by the court. The sp.
plica.ion 10 charge him with treason was
rejected by the judge to whom IT wa,
made, because the testimony offered ID
support Of the charge did not furnish pro.
bsble cause fos the opinion, that the crime
had been committed. After this rejection,
col. Burr s,ood so ar as respected his legal
liability 10 have the charge repeaed, 10
precisely the same sIsaation as IT il hal
never beau made. He spPssFs in court
now as If she crime OF treason had never
before been alledged against him, laa'i'
has been alleaged, that the government
had had tims to collect testimony tor I'll;
establishment. Of .he,sact, sha. aa immeo"
crowd of witnesses are attending tor the
purpose, that the prsssca.or ID his eve
3iu1smsp. has testimony: 20 suppor'fhe TO-
dictment, are circumstances which may
have their influences On shs motion f0r
commitment, or Oh c,ntnIa'ce. oa'
Witch eannet deprive the a'tasaeyior 'ns
u. S. Of the rIgA. 10 make his notion J,
he was abou. to send up bin TO the graaa
Jury, he nigh, move that the person o.
sicued TO accuse should be ordered '0'p
custody aud it would be IN ;ae dlscFs'i'n0'
the coprt to gran. orso reject the motion.
The coast perce;ves and regrets lha' 'n'
result of this motion, may be publcaii01u'
unfavorable to the justice. aud to the r's~
decision OF the ease; bus it this coas
quence is TO Dc prevented II m''' DC
Other means than by rst1sies to Gear ~.
moliop. No man feeling eofrecs seps'
OF the importance which ought 70 Os a. a.
tached by all TO fair saa impartial AZ
r,inis,ra.ion Of justice, especially 70 s''~
nal prosecutions, can view wish,'' ~
IRENE solici.uac aay attea'p. wac" -" -.
be made TO prejudice the pubic l'ns ."'
and to try any person, not by the . a:1;,d