Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-12-19
laid IN nd0aHe"l WEDNESDAr DECEMBER 49, 1904

mined ;hat Calender should if poss;
bic, be convicted, and that to accon,
phsh this purpose, he endeavo:ed 10 init
midatc, 10 depress, and 10 silence his coun
sci. He interrupted them frequently
With wanton rudeness. lie ordered one
III no more, of them to sit down. HC
charged them with advancing doctrines
which they kncv to be illegal, and whic.
they advanced, he said, only to deceive
and mislead the populace The Patienc,
OF Tie dep0neut was at length exhausted
and lie Quilted the court and the cause
under be.ictthat father exertions in III :
defence would only tend to cover himself
with still greater shame, 10 subIe6t him to
still greater humiliation.
"l'he deponent believes that there did
not escape from him during the trial, a
word or gesture, that could havc given OF
ience to the judge. The conduct. of his
! associates was, he believes, equally guard.
! ed: he does not therefore ascribe The in
science al Mr.. Chase to irritation, occasi-
oned by the conduct of the bar.
"Fhe deponeht is under TO appreber-
sion, that his Judgment has been mitch
msled, by Inc circumstances attending
his own situation. He knows, and can
now name men, whose politics Ghen differ
ed from Tvs own, who expressed their alb
horrence CT Mr.. Ctase's conduct in terms
as strong as language aiIords.---In is0
The public mind was very much cxcied,
and approximations were entertained by
many,tiIat some serious disturbance m;gbt
take place. AIr. Monroe, then governor
of Virginia, was so completely convinced
OF the danger, ne not Only earnestly re-
commended moderation and CorSeararce
20 those who were daily crowlinr about
him, but kept his eve constantly On the
capitol, that he might be ready 10 com,
mand the peace: at the first conimotion.-
TO him Mr.. Chase is probably indebted
for the safety o. his person during his re-
sidence in Richmond,
The so..ci;ude OF Mr.. Monroe 10 nre-
serve order, arose from causes totally IN
connected with Eir. Chase, Tie charac-
ter of the state, he observed, had never
been furnished ~ any opposition 10 the
laws, or any outrage cu persons clothed
with It's authority. The pyeser,a:inn Of
this character at that period CIiiIdy, 1880
was in his estimation \ mater CT infinite
Importance, he therefore urged and in
treated those, whom he supposed, M GIT
come into collision with the Judge, to be
patient, under every outrage.
" GEORGE HAY.
"Richmond, Fe5. 7, 1905"
The question was taken on the 4th ;.r-
ticIe and carried without division.
The fifth article was then taken into cor
si6eraiion.
My. ]. Randolph stated the circumc;aa-
ces upon which this article was grounded
by the Sd section OF the acs Of Congress
establishing the judicial courts Of the u
nted States, il IS provided that for any
crime or offence against the United States
the offender shall be arrested, imprisoned
or bailed, agreesbiy TO The usual mode of
process in the state where such offender
may be found and i! is provided by the
laws Of Virginia, printed in a volume com
monty called the Revised Code Of 1894,
That the manner OF proceeding against
persons charged with Crimes shall be i'm
one of these two modes, the FIRST in capi-
tai cases such Is treason 81 felony. the &C
cOnd in cases not capital. The Virginia
Laws authorize expressly the issuing Of
Cap.as on which the body Of an offender
may be taken and committed to close Gus
tody in the FIRST species Of offence. In the
other case, that is Of offences 10; capital,
this process IS not warranted by our laws
which require a different process, viz;
summons, which the court may order the
clerk to issue returnable to the mex ensu.
ing court. In The case Of Calender who
was presented and indicted for crime not
capital, the circuit court did issue the pro-
cess which is only warranted in capital
cases. To convince the committee on
these points, he read tie 5th section Of
the Law of Virginia, page 10 respecting
the trial and punishment Of crimes, and
also section % page lI2. From these re-
gula.ions he said there could not remain
a shadow Of doub; ths; the process which
was issued against Calender, By order OF
the circuit court, and which is annexed to
the articles Of impeachment, & which COM
mands the marshal Of the Virginia distliEl,
to arrest the body Of J. T. Calender, and
bring him forthwith before the Judges of
the court, was illegal, being contrary TO
the laws Of Virginia and Of course contra
fy TO the laws Of the United States.
The question was taken on adopting the
Eth article and carried - v,f;pe, H., fl,a