Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1815-05-17

I
| appearing by the said proceeding
|. That witnesses have been summoned
" process of subpoena, in suit or prosecu~
ton of the u. States aga;as. him. When in
act and in truth there was not then aDv
such SHIT peudng, nor is there now such
suit or prosecution legally pending in said
court.
II. That the said rule was cbtained at the
Instance or the attorney ofthe u. States for
the district Of Lo,iisiaua who had no right
cihclally To ask for or obtain any such rule.
the dates nj the attorney for the u States
being oY law confined to the rrostcntion
= OF a' otliNquents tcr cranes aRd of. rccs
'cognlzahie under the authority Of He u. S
and al' civil actions in which tn. IT. states
SHALL be concerned" As th.s prcceedin- is
not 1retended to be civil action. brine il
within the purview ofthe duties of the attorr
0ey tor the u ). it must he a prosecution for
"a crime or offence ccgni2able under the au.
thoIlty o. the United States, But the facts
stated in the. rule do not Constitute any
"crime or offence cosrizabe under the au.
tnoritY of the u. States" The courts of
the unitedsta have no common law iu-
risdiction OF crimes or offences fiftaerefcrc
the facts stated in the rule are not mad.
such by statute Of the United States, they
are not coGnizabie by its courts but the
statutes hayeb been searched aud no such.
provision Cal, be fornd therefore the facts
Charged arc not offences which are either
cognizabse by,th;s court or liable to be pros.
ecpsed by the attorney of the Uuited States.
III. That fthis he a prosecution for n
crime or o6crce c gnizable under the au
thori;y ut the United States the mode Of
! proceeding Is both puccnstituti ma and il.
legal ; the Ttli and 9Th amendments to the
constitution containing many provisions ,ii-
rectiy contrary 10 the mode of proceeding
ov attachment for con empt; particul iiy
the provision OF the Tth amendment, that no
lperson shall be deprived life, liberty or
properly, without due process OF law: and
OF 1.-The sth, that In az criRinai pro-ecuyiops.
the accused shall enjoy tie nght ofa spee
! dy trial by IN impartial Jury and in fhe
32d section Of the law for puaish:uy Ger.
tam crimes against the United States. con-.
tanning conclusive implication, If not an
express provision, thstno offence can be
prosecuted except hy.tn 6ornntion or iadiet
| tncHf, neither of which have teen fled IN
! this instance: The respondent therefore
concludes those heads Of exceptions by the
dhemma, that, i; Tie proceeding be a rrns..
ecndon Tor crime or o8eace. csenizable BY
the authority OF the United States, IL is bod,
unconstitutional and illegal in it's present
form ana lift b. not such prosecution.
hat ~ attorney Of the U. S. had no risht
TO SIS itnte L.; his ministry by law ~ ending
oulv 10 hem.
~, That this Court has no right 10 issue
any sttachneot. FOR any contempt wha.ev-
e. OF 20 punish the same By ERE or im-
erisenmeet, IN any. cher case than Ihose
pr seribed by the i7th Sc ction e The Judi,
a NUl
the punishment. by foe and iinpris aETnent.
mf.mpt IN any cause O. heariog before
= ~ e---'TserHa as peths9 bv the rule nor
tae aildavits, Q es it a near thar any of the
auedged ccBtemrts Nere offered i anv
cause or hearing before she said District
'urt on 'h"contrary ga re scls allede
- as coetemp's are stated to have been
eosG 4, relatlon - an err iarIe APPLICATION
',ade to the lud}e of the said coutt at his
oha'qoers az time wltsp his court was in
fore The c6urt.
" ihat no attachment orEht.to Issue for
1eF'ecnrS refusis & a re urn to an Eabeas
C2Tf'Hs is'ued and reiurnahle but OF crort
an ne ct eson that subiect. 10th in Erg-
iand & tbeU S wherever they hav. ben
re-enacted, coI'airirg express PENALTIES for.
ms offence ; and this, fr the very reason
that such neglect or efusai In rotation 20 an
act done not IN cause or hearing. pending
~ court, but IN an &c hartc proceeding at a
Judges Chambers, could not be punished by
attachment as Contempt.
". That no art In relation 20 the WRIT
81 aaoeae CORPUS or tDe allowance Of the
same IN the Ga mentioned in The saidruie.
can ne considered as contempt, because
-he Jndge oi this honorable court by the
l4th section ct thejudiciary act Of the u.
-Na'es, expressly iehilited firm issuing
any wf'' OF 17e6eaS CorItu8, except in cases
" tiis'' SIs : 10 cus.ocf under or by colour
OF the aulhoritr OF he lJnited STATES or are
committed tOr trial before some cour of the
same or.are necessary to he byoneht into
court to testify !" neither OF which ciTcu,D-
sta1ees appear, either in the writ, the al
i""ance Or the saDe, or the affidavit on
winch tie said was founded This court
thsn having no Jurisdiction of the case. this |
respondent has right to consider the !
service Of the same as trespass. accor.
ding TO decision Of the supreme court OF
the Upted States.
VII That. as TO so much Of the said
rule as charges the respondent With the im
pfison@ent g Herrpiou ~ thc JUDGE Of this I
honorable court, tic said Imprisonment and !
detention appear by the sai afidayi.s, On
whIch the rue was granted to have been
made OF The allegation Of a military offence |
mmit,ed by the said Judge iudiyiduallv. = /
Thar he defence Of this respondent nav /
require 'he Investigation Of the truth of the !
said allegation proceeding which could /
not take place IN thfs cours, without viola
ing one Of the first and cleaYcst maxims of
al law
VII That it appears by the said writ,