Page:United States Reports, Volume 2.djvu/344

 338 Cases ruled and adjudged in the r gg;. a copy of the indiétments themfelves, had not been delivered to tar`! the refpc£tivc prifoners. The caption is material, for it mult llate the judges before whom, the Grand jury by whom, the time when, and the place where, the indiélment was prefented. For, if the judges `{it without a commillion, or the comrnillion has expired ; if the Grand-jury was compofed of a number lefs than twelve, or the members of it were not qualified according to law ; -if the in- diélment was found at a place where the Court was not autho- rifed to fit, or ata time when, in faél, it was not litting, the prifoner is entitled to take advantage of the defe&, and he can- not have the opportunity of doing fo, unlefs he is fumifhed with the caption of his indiélment. On the fame principle Fgjfcr contends for the fame privilege ; and declares it to be founded on the conllant praélice, though the a€r only mentions a copy of the indiélment. Fg?. Cro. L. aag. And Blacyione, as well as Fykr, lhews that itis of importance that the prifoner {hould receive the copy before arraignment, *¤ for then is his time to take exceptions to the indiélment by way of plea, or demurer." 2 Hawk. r. ag. _/I r 18. In reafon, and in elfeél, the caption is apart of tlreindiéftment. Whenever it becomes ueceilary to exemplify the indi&ment, the caption mull accom- pany it; and no inferences drawn from the practice refpedting mdiétments for other olfences (where the caption is not fuppli· ed, as it is faid, till the record is finally made up) can be appli- cable to the prefent queflion, lince in no other cafe, but trea- fon, is the delivery of a copy of the indi€tment prefcribed as a preliminary to the trial. Nor is their any elfential dillinélion between this Court, and the Courts to which the cited authori- ties relate :.For, although the jurifdiftion of the Court is afcer- tained and known, the conllitutionalty of the commillions of the judges who compofe it ;-the legality of the number and qualification of the Grand•jury, who attend it ;-the place of its fellions 8ze.—will llill afford ample materials for inveltigation and juli obje£tion. · gd. The lills fumilhed to the refpeélive prifoners, do not contain a fuflicient fpecilication of the addition: and places of a· bode of the jurors and witnelfes. By the aéts of Cong-rp (1 Val. p. 6;. ji ag. _£ ::8.) as well as the aft of Pemfylvania { 2 Val. p. 263.) the fpecihcation of the place of abode of the jurors, is prefcribed ; and the Pezrryjloaxuia a£t (which is adopted by the othz r) calls like- wife or the additions of the jurors. It is true, that in the co- py of the pannel the county is mentioned, from which thc ju- rors refpeflively are fummoned ; but as the lherilfcould not in a cafe ariling under tl1cSrate 'urifdiélion, fummon any citizens as jurors, who were not inhabitants of the proper county, the ·aé`t, when it requires a f pccincation of the place of abode, cannot fnrtlv

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