Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-03-31
Continued J

III
conduct OF Samuel Chase, ESQ.
l.. w ere youpresent at the tralof James
/. Callender for sedition!
2. When and where did that trial take
place /?
3. Relate the circumstances of that tri-
al A.? "a
4. Did MIR. Chase refuse to the prisoner
the testimony of witness because he the
SAID witness could not prove the truth of
all The facts set forth, and upon which the
Indictment was grounded?
Undergraduates exhibited on behalf Of the
tlouse OF Representatives of the United
States to George lay, touching the of
hc'ai conduct OF Samuel Chase.
/. Wereyoupresen at the trial OF James
1. Calender FOR sedi,ion?
.3nszoer. was present when James T.
Calender was tried ior libel on Holm
Adams, then President Of the United
States.
2 When and where did that trial take
place
|ns''er. At the capitol, in the CITY of
Richmond IN the State of Virginia, before
Samuel Chase and Cyrus Griffin, sitting,
as Judges Of the circuit court. It com.
meRced in the month of Nav. 1900, How
many days were employed in The prose.
cutl"n do rot remember.
j. Relate the circumstances of that fri
al? '''''' -
17'is'ger. viii relate those which appear
to me TO b. material.
A. the -cssiOn If the circuit court in
May, 1900, an indictment CHARGING Cal.
,thder With iibs'ling the President of the
United States, was found by the grand u,-
ry to be true bill. Process WAS soon ar
Ter awarded by virtue OF which h.. was
arrested, IN or near Petersburg. and bro.
mic court. The trial, it was understood
was 10 take place Immediately. For this
C"iiender SAID ,hat h. was not prepared.
Nor was who had undertaken 10 be one
81 ms counsel! prepared at that time, to
discuss the tl9o great questions which
were involved IN the prosecution. was
ready 10 argue the pnint concerning the
consttutlonaiiiy of the sadtion law. bui
not TO Prove what then believed. and still,
believe TO be sound doctrine, that the. iurv
might acquit the prisoner, if they Thought
TIE law unconstitutional. An argument
on this subject was during the trial hasti.
iy composed; hut was not permitted IN
deliver u as Will bc here fer stated.
""llon therefore as made for conlinn-
anse, upon the ia It's stated m the affidavit
now among the papers fled with the in.
d'ctment. The substance of it WAS. that
witnesses were absent whose testimony
WAS material, and ihat documents view.
wanted which could not be immediately
procured. The Witnesses wer. named.
ne evidence expected from each distinct.
iy stalled, and the documents wanted clear.
ly spec'hed. When this affidavit WIS rre-
SeIted to the court, il was urped bv ,ba
counsel HAT the constitution secured IN
the prisoner a right 10 process to enforce
The attendance OF his witnesses. He had
also right, under The constitution. To the
assistance Of counsel in his defence but
1t he were tried, when his witnssse. we're
absent, and his Counselnot prepared for his
defence, without any default in him, or
them, these important provisions in the
constitution would be useless.
The motion was Instantly over-ruled.
he attorney for The Unite9 States was
told, that II was unnecessary to reply. Mr..
Chase said that ii would be a waste ortime.
that there was no reason for putting Off
the trial; that as the prisoner did not swear
thai he could prove az he c1argcs recited
ID the indictment, his having testimony as
To part OF them. was immatcrial he must
prove all, continued Mr.. Chase. and it must
appear that he can prove all, or the trial
Will no, be postponed
In the course Of the argument, for the
Posipouement, took it for granted, as I
yet believe J ought to have done, tina, the
fine which might be assessed, would be
ascertaincdby Jury. by the laws OF Vir-
gina, tiues for misdemeanors are asses ed
by The jury. (See Virg. laws, Revised
Code, y. il2.) Mr.. Chase interrun,ed
me- to tell me that was wrong, that the
supppsiton might be couecl as TO the laws
OF Virginia, but that it was Wild motion
as appiicd to the federal court.
When the cour, had over ruled the mo.
ton Tor the continuance, the counsel l,r
Calender claimed for him the benefit ot
that clause Of the constitution, which w,.
intended TO secure trial by an imyag,i.
b.. IA.