Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1804-03-30
Fran the Baltim2rs Federal Gazette.
NUMBER II,

/ any acts OF Misconduct of Judge Chase on The
trial OF Thomas Cooper on III, indictment a.
qaipst him for fbet on president Adams. Eat
il appears from the dispositions Of Mr.. Rsw!e a
ard of Mr.. Caldwell b chat Judge Chase directed
Mr.. CALDWELL the clerk Of the court OF Pennsylsa-
MA, nat to issue subpa tor president Adalns,
to testify sor Cooper on his trial,
That Judge Chase refused the subpoena no
proof is required bot the committee give no O..
pinion. whether this refusal is crime OF MIS-
demeanor, fofwhch he is subject TO iH2each-
m-nt. Mr. Cooper was indicted for the puDica-
ton of several distinct, false and malicious aceu
sations with an intent to defame INN; ard he
pleaded tha, several matters ailedged by hltn OF
president Adsms were true. ----------- 10 main-
tain the rub gfbis 9lsahe required the evi-
dence Of president Adams. Judge Chase was Of
opinion that he could not be compelled to ap-
pear and testify in favor Of Cooper; and thefe-
fore he directed the clerk MOTTO issue the SUD-
rena. 1t would be waste of time 10 disscass the
question whether judge Chase was correct IN ms
opinionor not, because because II would only
amoun, to an error in Judgment.
I. any person thik the Judge ought 10 have
granted the subpoena he must shew that president
Adams was legal witnes: for Cooper, and obi.
ged to give evidence in his favor or II necesss-
rily follows that il was improper 70 require this
attendance for that purpose But if president A
dams was legal witness for Cooper and The
Judge refused process to compel his attendance
Il will not follow that for such refusal he is sub
iect to impeachment, unless his refusal flowed
from partially, or some other unworthy motive.
Is there any ground for this dishonorable suspi-
cion Can no legal and satisfactory reasons be.
assigned TO iuifify, or at least to excuse judgc
Chase for his refusal oil the subpoena! Any per
son who will take the trouble TO read Coopei's
publication Of his trial, will be fully satisfied that
he had a-legal fair and full hearing, wlthseveIy
Indulgence.
The third enquiry of the committee appears to
be the corduct Of Judge Chase on the ta OF Cal.
lender at Richmond, in Virginia, in May 1900,
for libel against president Adams c. The dc.
positions of only three persons have been takel
Messrs. George Hay a and Philip Norborne ri.
choas and VIM. Robiusonf. The two fist
were the counsel for Calender, and rho last took
short-notes of the trial, Mr.. Nicholas is .the
present district attorney for Virginia. It is a.
gain to be tbseryed, that the committee state no
act of misconduct of judge Chase on the trial of
Calender but 'csve 1t to The House to form their
opinion on consideration OF the testimony re.
ported. 1t nay DC fatty collected from the exami-
nation of the dispositions of Messrs. Hay and NJ.
cholas, that their evidence was taken to prove
that Judge Chase misconducted himself in two
particulars.
Fnf. That he refuEs continuance OF the
cafe, upon the facts tatcd in an Affidavit of Cali
lender. hIsd in court.
It il inconsrovertib!e, that Judge Chaie did
refuIc 10 continue the cafe until the next term.
The indiensns sgainf Calender IS reported by
the committee, and the afidavit Of Caerder FOR
continuance of the canlc.s 1t has ever been
conGdered as unquefionable law, that every
court of iuRice may in It's difcretion decide,
bcther any cafe lciyi or crirninsl fhall be trl,
ed, or continued lubjett only to a reylaon of
fuoerior court. If the houfe Of, representatives
hall enquire into the legality of the opinion OF
nudge Chafe, in tcfuGng continuance, they will
e,ea themfelves into court of appeals, a6d re-
view the declion of a court of law. Il judge
Chafe committed an error in judgment, in retul-
mo continuance, it is believed that II Can on
" be revifed ard corrected by lhefuPreme court,
by fetting afide the judgment and directing : new
trial.
The enquiry into the motives Of action in a
Judge, is the proper jurifdi6aion Of the houfe Of
yepFefentasives; but the deciion of qattion OF
law belongs TO another forum. L may happen,
that Judge may give correct legal opinion,
IND vet sfrgn weak feafons in fuPport q IT,
Mr.. Hay Gstes thai the motion for eontiru-
ance was iseaglly overiuled. MIR. Nicholas
| aascs, b that before the motion was finally decd
ed on by the court, they directed the oaute TO lie
| over for few days, &C.
The lcoud inaapce, inwhieh juagefChafe is