Jenks' Portland gazette. [volume] (Portland, Me.) 1803-1805, 1804-12-24

/ III al lobCAl1Gs HlaHttNNGN W
the faid Samuel Chales for the conviction Of
the accuied, unbecoming even public proiecu-
tor but highly di(graeeful 10 the character OF
ajudge as il was fubserGvr OF jufics.
AgrIcLEv
| And whereas il IS provided BY the act ct
Congrefs paaed on the 24;b day Of september
1880, entitled " An act 10 eiaolih The Iudici2,
Courts Of the United States" that for any crime,
or offence againlt the United States, the Of
fender may be arreaed, imprifoned, or bailed,
sgreeably to the uluaI mode or procels in the
Rate where fuch offender may be found; and
whereas il is provided by the laws o. Virginia,
that upon prcIenfment by any grand jury OF an
offence not capital, the court ihall odsr the
clerk to iilue luminous againit the perion or
perions offending to appear and antwer iuch
trcfentment at the next court vet The lid Sam
uel Chaie did. ar the court aforeiaid, a,-re.t
capias agana the body of the laid James
Thompfon Calender, indicted for an offence
not capital, whereupon the iaid Calender was
arreGcd ard committed to cloie cuitody, contra
~ to law, in that cafe made and provided
ARTICLE VI
And whereas it is provided by the 24th fec
ton Of the aforeiaid act entitled :" An aet to el-
tablih the judicial courts OF the United ltates,"
that the laws OF the f1vefaI ltates, except where
the contribution, treaties, or hatutes OF the u
pted States lhall otherwie require, or provide,
fha be regarded as the rnlcs OF deciGon in trials
at common law, in the courts of the United
States, in cafes where they apply and where
as by the laws of Virginia it is provided, that in
cafes nor capital, the offender ihall not DC held
/ - :, 49, fNr41,sr4 - .r,rJ ;,,ry
| till rhe COURT next iucceedng thar during which
tuch preTentment fhall have been made, yet the
| faid Samuel Chalt, with intent to opprcfs and
and procure the conviction of the fad lanes
, Thompion Calender, did, at the courr afore-
laid, rule and adjudgc the fad Calender 70 tri-
al during the tern ar which he. the llid Callen-
der. was preiented and indicted, contrary to law
in that cafe made and provided.
ARTICLE VII
! That at circuit court Of the United States.
for the diitria of Delaware, held at New Cattle
in the month of June, one thouiand eight hun
dred, whereof the iaid Samuel hate preiided,
the fame Samuel Chale, ddregarding the du.
ties Of his office, did defend from the Dig
nifty Of a.judge and Coop TO the level Of an in
former, BY rcfuiing to difchatge the grand jury
although intreated by feveral of the faid jury, 10
to do and after the faid grand jury had reg
ularly declared, through their foreman, thar
they had found no bill Of indictment, nor had a.
ny prefentments TO make, BY ob:erving to the
taid grand jury, that he, the fad S. Chafe, IN
deraood t" that highly fictitious temper had
manifeited i,fe,f in the tate of Delaware,
momg certain clais of people, particularly IN
New-Cahie county, and more Especially IN the
town of Wilmington, where lived mott icd-
tious printer, unreitrained, by any principle OF
virtue, and Regardless of focal order that the
name of this printer vas but checking HIM
| felf, as if fenible of the iudecorua which he
was committing, added" that might be al
Tuning too much TO mention the name OF this
perfon but it becomes your duty, gentlemen,
to inquire diligently into this matter" or words
TO that effect and that with intention to pro-
cure the p1oecution of the printer IN queftion.
the faid Samuel Chale did, moreover, authcrita-
lively enjoin on the diftria attorney of the Uni
ted States the necel fifty Of procuring file CT the
papers to which he alluded land which were W.
deritocd 10 be tho(e pubiiiled under the title of
g Mirror Of the Times and General Advertiser
and by tri6t examination of them to find iomc
pahage which night furnah the ground work or
a pro1ccutionag ainf the printer of the taid pa
per: thereby degrading his high judicial fu1c-
tions, and tending TO impair the public conf
dence in and refpe6t for, the tribunals Of juf-
tice, 70 el4ntial to the general welfare.
ARTICLE VIII.
And whereas mutual refpsf and confidence
between the government of the United States
and thofe Of the individual itatcs, ard between
the people and thoie governments, respectively,
are highly conducive TO that public harmony,
| without which there can be no pubic happiness.
yet the laid Samuel Chsle, dregarding the du-
ties an dignity Ct his judicial chara6ler, dii, az
circuit court, for the d,trict of Maryland,