The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-08-25

cared for the first time that may be arrested for
crimes, and that then those two crimes may be Joined N
the same Indictment and he required both
trial Would not lead TO inexrcable confusion For ex-
ampe man is arrested charged with three different
crimes and indicted according TO the terms of this section
you undertake then 10 introduce testimony regard to each
OF those crimes Different witnesses relied upon
the several charges against him. and many witnesses
relied upon by the prisoner in his defence What will be
the resulti The result inevitably such confusion as II
likely to msead the jury and prevent them from arriving
al that conclusion which will do justice between the United
States and the party who may be accused Under the old
practice justice has been secured Why, then, should We
abandon the old and safe rule adopt experiment that
promises nothing but mschiefi
But this is not the most extraordinary clause this
markable bill There is another which nay colleague fully
endorses which is Questionable than the one
upon which have been commenting bad that is. Here
is and beg gentlemen who may be favoraby incined
towards this bill examine with IL deserves such
an examination:
'When tco or more charges are, shall be made OF
hoo indictments shall be found against person. only
ONE WRIT on shai De necessary 70 arrest ana commit
him for trial and it shall be sufficient to state in the writ The
general character Of the offences or to refer TO them
only IN VERY GENERAL TERMS Only one writ or warrant
shall be necessary to remove prisoner from one district to
another copy of which may be delivered TO the sheriff
aor from whose custody the prisoner may be aben and
another copy thereof to the sheriff aor to whose GUS
tody he may be committed and the original writ, with the
marshas thereon, shall be returned to the derk of
the district to which he may be removed Whenever
prisoner is committed sheriff jailor by vru, of
writ warrant mtmus, copy thereof shall be delivered
and the original writ warrant mmus shall be returned
to the proper officer, with the officers return
thereon"
had supposed sir that under the Constitution OF the
United States whenever arrested and deprived OF
his liberty, he had right to demand that the charges
which he arrested should be made with that clearness
that would enable him TO make his defence But my col
league 1t seems takes altogether different of this
matter He presumes that the arrested is gutythat
he is therefore perfectly of the precise of the
charges upon which he arrested and should be prepared
l~r., a.l,o
had been arrested who did learn the of
without looking the ascertain it, Such doc
trne the weestabshed rule that has been
recognised criminal proceedings The doctrine have
always understood ia that every presumed to be
until the contrary is made to appear But this
ion of the bill, and the explanation of given by my col.
league establishes another rule viz that every
sumed to be guilty until he establishes his innocence Sir
principle monstrous ought not to be avowed in this
enlightened age.
But, again, suppose is arrested upon a general
warrant such described in this section, charging him
with larceny. perjury and various other crimes of high
character, (he number here is unlimited and the prisoner
applies for and succeeds procuring, writ of habea,
corpus WE'LL suppose further that the Judge in hearing
the asceans that the party guilty and has
been properly arrested upon four five charges
the warrant mentions n general terms and makes that return
to the officer having him in custody What then 70 be
donei Is there to be discharge of the party TO hese
four or five chargesi
will lead to nexcabe difficulty, and that is that will
spring from il. Ii embrace half dozen
crimes and those charged pey general TERMS" it viii
be utterly impossible to uslicehe great end and
aim of Judicial proceedings Such provision ought to be
universally secuted 1t does me that if ihegs
be violation Of the Constitution of the country viola
ton of the rights and liberties of the citizen it is 10 be found
in this provision which sought to be inserted in this bill
There other provisions in the bill to which obect
but refer to the Committee of the Whole the
state Of the Unon then have the opportunity Of
having IT read section by section, and Of offering such
amendments to its provisions may make it acceptable
me- desire to see abuses corrected but this bill will not
those complained Of submit the motion that the
bill may be referred to the Committee Of the Whole
state of the Unon and upon that motion ask the previous
question.