Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-12-12
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faf'ves Of the United !Sfqtes, IN me name
u thems't0ea and Of all The jhechie of ne
United States, against Samuel Chase, oq-
Of me associate justices Of tie supreme
court Of the United States, in maintenance
and Sukhort ofth.ir imiteachme,n against
INN, /or high crimes and n,isdeaisGaors.
ARTICLE I.
That, unmindful OF the solemn duties
CT his Office, and contrary to the sacred ob.
legation by which he stood, bound to dis
charge them " faithfully AMI impartially,
and without respccl 90 persons" the said
Samuel Chase, on the trial OF John Fries,
charged with treason, before the circuit
court OF the United States, held, for the
district of Pennsylvania, in the city OF Phi
lsde'phia, during tha months of 4 rii and
May, one thousand eight hundred, where
at The said Samuel Chase presided, did, in
his Judicial capac ", condna himself in
manner highly arbitrary, oppressive and
unjust, viz -
/. In delivering an opinion, in writing,
ON the question of law, o. the construction
Of which the defence Of the accused ma
isrially depended, tending TO prejudice the
minds Of the jury against the case OF the
said John Fries, tie prisoner, before coun-
sci had been heard in his defence:
.. In restricting the COUNSEL for the said
Fries from recurringAo sueh English au-
thori,ieS as they believed apGoyle, o. from
citing Certain statutes ofIhe United States,
which they deemed illustrative of the Pc.
sitlons, upon which they intended 10 rest
the defence OF their client:
Ia c.o,v, T..
sii'UtiHnal privilege of adcircssily the ;u.y
(ihrough his counsel) on The lew. as well
as on the fact, which Yas 70 determine his
gnlli, or innocence, and a; the same tine
ienceavoring 10 wrest from the Jury their
rlisputablc right to hear argument, and
determine upon the question OF iav, as
Weli as The question of fact, involved in
he verdict which they were required to
give:
In consequence Of which irregular con-
duct Of the SAID Samuel Chase, as DANCE
ron. 10 our liberties, rs II Is novel 10 our
laws and usages, the said John Fries was
deprived Of the right, secured to him by
The eighth article amendstory OF the con.
sttution, and was condemned TO death
without hGving been heard by counsel, inh his
defence, To the disgrace Of the character
oil the American Bench, in manifest vio-
latlon OF law and justice, and in open cor
tempt Of the rights of iuries, on which,
ultimately, rest the liberty aud safety Of
the American people.
ARTICLE IT.
That, prompted by similar spirit Of
persecution and injustice, at circuit
court Of the United States, he'd at Rich
moud, in the month Of May, ore thousand
eight hundred, for the district Of Virgil
MA, whereay the said Samuel Chase pre-
sided, and before which certain James
Thompson Calender was arraigned for a
ibeI on John Adams, then president Of
the United States, the said Samuel Chase,
with intent to Cypress, and procure Tie
conviction of. tie SAID Calender, did over.
fule the objection Of John Basset, one Of
ne iu'y, who WISHED to be excosed from
serving on the said trial. because he had
made Up bic mind, as to the publication
from which tile words. charged to be liz
bellons, in the indictment, were extracted
and the said Basset was accordingly sworn,
and did serve on the said jury, by whose
ycrdiGi the prisoner was subsequently, con-
ycted.
ARTICLE III.
That, with intent TO Cypress and pro.
cure the conviction Of the prisoner, the
evidence Of John Taylor, material wit
ness on behalf Of The aforesaid Calender,
was not permitted by the said Samuel
Chase to be gives in, on pretence that the
said witness could not prove the truth Of
the whole Of one Of the charges, contained
in The indictment, although Inc said
charge embraced more than one Ect,
ARTICLE ".
That the conduct of the said Samuel
Chase was marscd, during the whoie
course of the said trial, by manifest i7jus-
ticc, par,iality and incompetence viz.
!. ln compelling the prisoners counsel
10 reduce TO writing, and submit to the in.
sp-Cion Of the court, for their admission,
OF rejection, all questions which he said
council meant to PROFOUND to the above