The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-12-11
ARTICLE III.

liiSt vi virginia, WnGreat the lad Samuel Chaie
Pretided, and before which certain James
lhompion Calendar was arragned for libel
on John Adams, then Preiident of the United
States, the faid Samuel Chaie, with intent to
opprets, and procure the conviction of, the fad
Calendar, did override the objection of John
Ballet, one ofthe jury, who wiihed to be ex-
cu,ed from ferving on the faid trial, becaufe he
had made up his mind, as to the publication
from which the words, charged to be libellous,
In the indictment, were extracted and the faid
Baiiet was accordingly fworn, and did ferve on
the faid jury, by whole verdict the prifonei was
subsequently convicted.
ARTICLE III.
That, with intent to opprets and procure the
conviction of the prifoner, the evidence of
John Taylor, Il material witnefs on behalf of
the aforeiaid Calendar, was not permitted by
the faid Samuel Chafe,to be given in, on pre-
tence that the faid witneis could not prove the
truth of the whole of one of the charges, con-
taincd in the indictment, although the laid
charge embraced more than one fact.
aARTICLE ".
That the conduct of the faid Samuel Chaie
was marked, during the whole courfc of the
iald trial, by manifet injuitice, partially and
lntemperanCe viz;
i. In compelling the prfoner's council to re-
duce to writing, and fubmit TO the INFECTION
the court, for their admilion, or rejection,
all queftions which the fad council meant TO
PROFOUND TO the above named John Taylor, the
witnefs.
2. In refuhng to potponc the trial, although
an affidavit was regularly fled, Eating the alb
fence of material witnenes On behalf of the ac-
cuied and although it was manifef, that,
with the utrnoft diligence, the attendance of
fuchi,,Sitncfies could not nave been procured, at
that term.
3. In the ufe OF unufnal. rude, and contemp-
tuous exprefons towards the prifoner's coun-
fel and in faliely inGnuating that they wiihed
TO excite the public fears and Indignation, and to
produce that fubordination to law, to which
the conduct of the judge did, at the fame time
manifeftly tend
4. In repeated and vexatious interruptions
OF the iaid council, on the part of the faid Judge,
which, at length, induced them to abandon
their cauie and their client, who was thereup-
on convicted and condemned to fine and impri-
fonment:
S. In an indecent focitude, nanifefted by
the faid Samuel Chafe, for the conviction ofthe
accuied, unbecoming even a public prolecu-
tor, but highly difgraceful to the charaet-
er of a judge as it was fubverfve of jui-
tice.
ARTICLE v.
And whereas it is provided by the act Of con-
grefs pafed on the gath day OF Sept. 1859, in
titpled &C An act to eftablifh the judicial courts
ofthe United States" that for any crime, or
offence, againit the United States, the offender.
may be arrefted, imprifoned, or baled, agree
ably 10 the ufuai mode of procefs in the Rate
where fuch offender may be found and where
as it is provided by the laws OF Virginia, that
upon prefentment by any grand jury of an Of
fence not capital, the court fhall order the clerk
to ifiue luminous agaiDt the perfon, or per-
fons offending, to appear and anfwer iuch pre-
ienment at the next court yet, the faid Samu-
el Chafe did, at the court aforefad, award a
capias againf the body of the faid James
Thompfon Calendar, indicted for an offence
not capital, whereupon the faid Calendar was
arreited and committed TO clofc cuftodv,
contrary to law in that cafe made and provi,
ded.
ARTICLE vi.
And whereas it is provided BIZ the s4tb fec
ton of the aforefaid act, irtituled " An act to
eftab!ift the judicial courts of the United
States" that the laws of the feveral fates, ex
cept where the contribution, treaties, or ftatutes
of the United States fhall otherwife require, or
provide, ihall be regarded as the rules of dicif-
on in trials at common law, in the courts ofthe
United States, in cafes where they apply ; and
whereas by the laws of Virginia lis provided,
that in cafes not capital, the offender fbarl not
be held to anfwer any prefentment of grand
jury until the court next fucceeding that dur
ing which fuch prefentment fhall have been
made, vet the faid Samuel Chafe, with intent
20 opprsiS and procure the conviction of the
faid James Thompfon Calendar, did, at the
court aforefaid, rule and adiudge the faid
Calendar TO trial during the term at which he,
the faid Calendar, was prefcnted and indie.
cd, contrary to law in that cafe made and pro-
vided.
ARTICLE VII.
That, at circuit court Of the United States.
for the diftriG of Delaware, held ut New-Caitle,
in the month of June, one thoufand einht hun
dred, whereat the laid Samuel Chafe prefded,
the faid Samuel Chafe, dilregarding the duties
of his Office, did defend from the dignity OF
Judge, and ftoop to the level Of an informer, by
refuGng to difcharge the grand Jury, although
entrea,ed by feveral of the faid jury 70 to do
and after the faid grand jury had regularly de-
clared through their foreman, that they had
found no bills OF indictment, nor had any pre-
60 make, by obfervng to- the flid
grand jury, that he, the fad Samuel Chaie,
that highly fictitious temper had
manifclted itfeif in the fate of Delaware, A.
mopg CERTAIN clais of people, particularly in
New-Cafle county, and more ESPECIALLY in the
town Of Wilmington, where lived a NOR fediti-