The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-12-22
ENQUIRER
RICHu0ND i:
SATURDAY, DECEMBER %, 1904.
IMpEAcitMENr ov JUDGE CHASE.

ported eight articles Of impeachment acsinit
Judge Chaie, which have been feparaSe!y invef-
ti1ated and adopted by tho; body. /; is the
purpofe of the following obf.rva,ions, not TO
analytic The truth of thefe fevera CHARGES, but to
arrany" tAem under fonie general he..dS
The iirit Gr articles of the Impeachment are
descriptive of the proceedings OF Judge Chaic
in fhc cafe of two criminal prpiscutions the tri
al Of Fries and the trial OF Calender. In Iome
ofthctt proceedings the Judge will he foundto
have violated fo;ne of the noa obvious rnaxims
of criminal iurifprudence, which have been ex-
preisly recognized b. the sth amendment to the
contribution ofthe United States. And in other
proceedings Judge Chalc evidently violated the
Asqv OF Cousrefs for cttahlifhing the Judicial
Courts of the United States.
The 1870 lat article. of The impeachment are
more anomalous anu diRina in their nature, but
they will be found equally descriptive Of judici-
nj ufurpation and nialfeitdncc.
By the 9Th amendment of the contribution of
the United States il is declared that 90 IN ali cri-
mral PROHIBITIONS, the accufed .hall cnioy the
right 70 fpeedy and public trial by an imparti-
81 jury Of the fate and difria wherein the crime
ihall have been committed TO have compulsory
trcssG for obtaining Hftns1Ss in hi, f11or and
TO have the aLFySaHee OF Council in his drtesee"
By this amendment Of the contribution the
criminal is irft entitled to fpeetiy and public
trial before an impartial Jury. But in various
cafes it appears that Judge Chaie has exercifed
an influence, to which he was not e1Tc;qH7 enti-
tied, which MOT evidently entrenched upon
the rights of the accuftd. In the en,bn7Yeiiizg
of Jury for the trial of Calender, contrary to
every rational precedent and to every principle
of jutice, Judge Chsie did not hehtate to exer-
cife an authority over the Martial hjmfeif,
which their rfia.i1e Ration 20 far from au.hori-
ling, had obvioully forbidden. In giving his III
trutton to narihal or fhcrif to enpannel
a jury, the judge may be properly cxcufcd who
hmply recommends 20 him the Election OF ho-
neft, enlightened and capable men. But there
is no principle O. judici1! policy, which gives
to Judge the more comprehensive power of lay
ing down more particular ttandard of Election,
and of recommending that preference il,ould
We given TO one moral, political or religious fec
above any other When judge defends 70 e
minute a deyrlopement Of Qualifications he
'nay be properly iufpetted of employing All ex-
ira official authority, and Of employing that au-
thority not for the purpott OF obtaining AN i'm
partial, but packed and prejudced Jury
That Judge Chafe did cxcrcife Incb an authori-
ty in the empannellinS of a jury for the trial of
Calender, is nor among the charges which are
aliedged againft him BY the articles of impesc bs
ment This fact muf have either efcaped the
Fefearches or the memory of the feleGt commit
tee of Enquiry. But that fch was the fact ::
that Judge Chafc did exercifc fuch an ufurped
influence IN the empannc!ling OF jury, is fup-
ported by tettimory too Respectable 70 be Ceni-
ed, and too pointed to be rcfuted in its inference.
a gentleman of this city, who was at thu. time
one oFthc practitioners of the law al the bar of
the Federal Court, aud who is now member
OF the Executive Council of Virginia, has made
the following ltatcmeHt, which he is willing 70
confirm bv an afideyit. During the Interval
between the apprehension ard trial of Callen-
der, this gentleman viited Judge Chaie at his
lodgings for the purpDte Of obtaining an iniu7c-
ton in cafe in which be had been sy,rloyed
BY his client in the Northern Neck. Whilc he
was with MIR. Chaic, MIR. D. NJ. Ra5a,,!nh, at
that tine the MARTIAL of the rate, called unon
the judge, and fome conversation ,ook place
between them on the enpannelling of The Peti:
jury for the trial of Calender. "Have Won
iiiatie Out your in or Js.ors?' cTiI,iiirei the
Judge. 81 have" "H.ve you put anv De.
mocrats on it?' continued Mr.. ChaG. Tie
mariha cxpreiied fone doubt or uncertainty on
the fubiett. ''If you have" added the Jrdec,
"you mutt take care TO !tri,:c them allof." VVhe-
Their this eXtra-otfcigi 3.andanus ofTTne Judge,
was fortunate enough to receive an obf,ouious
obedience from tnc MARTIAL, is one of thofe
facts which have never been poiitivcly afcertain-
ed. But rurnCur was at that time in crcu,a
ton that the political predictions of the mar.
ibal or the extra. Judicial direction of the Judge
had in the prQyrcEJ of the arrangements for that
trial, produced the appropriate effect. 1t was
ta'd at that time and 1t was believed, that Mr..
Randolph had originally made ont lit of Iu-
rors, which was competed indifcriminately of
nlcn of both parties I; that here was Fedcralif
and that there wss Republican but that in
Gaining over their names in open court, no one.
was introduced who had not been difinyuifhed
by federal opinions. y was therefore concluded
that the names of the Jurors had been dr(icncd
ly tranifOicd and The lit of the Jurors. who
fat on that trial contributed in fonc degree to the
confirmation of theic luipicons. Ii is fit1
"ei! known to every man who knew the names
aud characters of the Jurors, that no one fat on
that tri1l, who not at that time the political
opponent Of J. T. Calender.
This circumitance has not been introduced in
TO the articles Of impeachment. But there are
ofbsr charges in thofe articles, which would be
fuilicient 20 demonfrlte the determination of
Judge Chafe to warp the texture and bias the
verdict of the jury. The end article, which in
PRODUCES another fast that actually occurred ON
the trial of Calender, the neglect of John Bal-
tets coniclentIousfcrupleS contributes an nnde-
niable proof Of this judicial pe1fecution. Tie
LIT and srd tectiOns Of the n article, containing
toy OF the proceedings of the Judge ON the fri.
al of Fries, cannot fail to corroborate this f,,-
potion; TRY ALTO fervc to announce the deter
mination Of the judge to limit the privilege, of
the l.rirtiuaI md he. L. n