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TRIAL OF SAMUEL CHASE,
THURSDAY, FEBRUARY 21, 1805;
I RISE only to make a few remarks on two of the articles, the fifth and sixth, that the counsel for the respondent may be possessed of all the points we mean to make. I will endeavor in a few words to state the practice which we think ought to have been pursued in the case of Callendar. The practice in the federal courts is regulated by that in each state. If this position be correct, we contend, that the proper process in the case of Callendar was a summons. An act of Virginia, passed in the year 1792, provides that the grand jury" shall present all treasons, murders, felonies, or other misdemeanors whatsoever, which shall have been committed or done within the district for which they are impannelled."
By another act of Virginia, passed in the same year, it is enacted that "upon presentment made by the grand jury of an offence not capital, the
court shall order the clerk to issue a summons or other proper process against the person or persons so presented, to appear and answer such presentment at the next court, and thereupon hear and determine the same according to law."
In this last provision the words" or other proper process" have a direct application to the previous provision; which enacts that the grand jury