Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-06-03

parry coaA!ess, which most senetaNy,n,,
duce acts or accusations 81 lrea.na, rS-
.humaa judgment is sometimes oyer,h,. s's
the peoP:es If America have bclr..a".a'
power even of commitmens to be e,s sSs
ct too much oppression ia its exscu,, ssy's
be placed withoa, restriction, esrp i =
hands OF the national legislature. so,a ~
Judge disregard those barriers wh,p
patton has dermedis proper 10 erect? '"'
The interest, which the people h.,. !,
this prosecution, has been sta.ed BATH =
firmly believed, that the. bss, aud uu. :, :
terestof The peopls is to be found il , !,
gid adherence 10 those rules, which ~.
serve the fairness Of .sriminaI ptosesu,r' g..
ia every stage.
II this was . case 60 be decided ty MD
cipls alone, the court would sertaiuiv ! ~
receive this paper. Buff the psia, {
tied by decisions, they EAST be con!,ra,J
10.
sithas been sad to be settled in the .unrem.
court OF the United States by admittn, IN.
affidavit OF Wilkinson, in which an excemio'
was taken, because itdid not appear that -. !.
magistrate had taken the saths prescr;,s,t'.
law. It wsz said, that as by law he coui1 ~
act, until he had takcnthe oaths and +. N.Y.
found acting, it must be presumed that !. =
prerequisite was complied with: this js ill.,.
his-acting as a magistrate under his comm; "'
sien was ~esidence that he Was authorise1 :.
to act. ~ ~
It Will net be denied that there is NM,
strength IN the argument /: but the case, ia
notappear to precisely parallel.
The certificate that he is a laaestrate ,Da
that full faiths duet his acts, pie, ,b's
he has qualified If his qualification is ne,e.s,,s
to his being q complete magistrate, vbo.s
actssare entitled TO full I. It'll and credit.
tits not4usual fer particular cerisc,t.
that magistrate has qualified to accompany
his official acts
sTherefis no record of his qualification nd
no particular testimonial of it could be oJtsip.
ed.
These observations do no, apply to the Of.
iections which exist.
But tits said that the certificate is tie san,
with that in WiIkinsor's affidavit.
If this objection had been. taken and over.
ruled, 1t would have ended the question:
But twas not taken so fag.as is now reco,ect
ed, and does no. appear to have been noticed
by the court. 1t is not recollected by lie
Judge who sat on that occasion to have been
noticed. a defect, if it be one, W. ich was 10,
observed, cannotbe cured BY being passed over
in silence.
The case in Washington was civil case
and turned upon the point that no ormo
the commission was prescribed and conse.
quently that it was not necessary to appear
Oh the facet it, that it was directed to nlags
trates.
That it was the duty of the clerk to dred
1t to magistrates. and he should not be pre-.
sun,ed to have neglected his duty, in cassin /
which his performance of it need not appea
enthe face of the Instrument.
I That the person intending to take this eo /
cepuon ought to have taken it sooner and na
surprise the opposite party whenit was to-
latesto ccrrectit.
1.-THE great difference is, that the PRIV !
,eSaminationWa was mere ministerial act~-sa' /
administering an oath is iudici.l act
The court is ofopinion that the paper ar
porting to be an affidavit made by Dahoau5h 1
cannot be read, because it does net. appear 70
be an oath.
Mh-. Hay then addressed. the court ltnI
extremely uncertain, how long this exaIalna'
ton will continue whether. it may cccup1
ten hours orten days: And if gentlemen con
tinue to make the same captious cbecuon
which they have already done At every stag
of the enquiry, it is impossible to fores:e a4 1
termination to it. All this time, hoNeyS,
Aaron Burris at liberty and he rlsy depa'I
from this city, at any moment he please:
Onthcyery first day that | made this nod04 f
he ought to hare been held to bail or N casE.
tody, and day after day, until the conr: siioaf
have given their decision. expect seoe- T
Wilkinson here this day or tomorrow; a
have received letter from the secretafyvE
? - L ,>,Cl,plnl,r he NM