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

<7iftc!e5 eTbbted BY fbe ff0'9e n kebrefeRfafiUe5
Of tie UiEtei States, ii The nspe af tbemf4ves
and g al the pe2pe IF The United States, qgaigf
Samuel Cb1is, one sctbe d66ciate judges 9f tie
Su5rer's Cart et The United States, in ua:nfm-
nnce and Ju9part Of hsir Impeachment 4gaigf
hin, 55r hig5 c,imes dndmjGezlaanor5.
ARTICLE /.
That, unmindful of the folcmn dates of his
Office, ard contrary TO the 4acrSd obligation by
which he food bound to difcnargc them /" faith
fully and impart:ally, and without refped TO
perons," the faid Samuel Chafe, on the trial of
John Fries, charged with high trealon, before
thc circuit court of the United States, held, for
the ditrict of Pennsylvania, in the city of Phil
adc.phia, during the months of April AMI May,
one thouland Gig hundred. wheTeat the laid
Samuel Chale preGded, did, in his judicial ca
pacity, conduit himfelf in manner highly az
btrary, oppreiive and unjult-viz:
/. In delivering an opinion in writing, on the
queRion of law, on the contribution Of which
the defence Of the accuied materially depended,
tending TO prejudice the minds of the jury a
gaintt the cafe of the faid John Fries, the prif-
oner, before council had been heard in ais de-
fence
z. In refricting the council for the faid Fries
from recurring 70 tuch Enghlh authorities as
they believed appetite, or FROM citing certain
itatutes OF the United States, which they deem
ep luftratve of the petitions, upon which they
intended to ref the defence OF their client:
3. In declaring the prioner from bis conf
tutional privilege Of addreiing the jury Through
his counfel) on the law as well as on the fact,
which was 10 determine his guilt, or innocence,
and at the fame t:'uc endeavoring to w'eit from
the jury their indfputable right to hear. acgu-
ment, and determine upon the qurtton OF the
law, as well as the oueition of fact, involved in
the verdict which they were required to give {:
In confequence OF which irregular conduct
of The faid Samuel Chaie, as dangerous to our
liberties. as it is novel to Our laws and ulages,
the laid John Fries was deprived the right, &C.
cured to HIM by the 9Th article amendatory OF
the contribution, and was condemned TO death
without having been heard by council IN his de-
fence, to the dilgrace Of the character Of the "A
merican bench, in manifeE violation Of law and
iuAice, and in open contempt of the rights of ju
rics, on which, ultimately, rett the liberty and
fafety of the American people.
ARTICLE H.
That, prompted by Gnilar fpirit of pefecu-
ton and iniuftice, at circuit court OF the Uni
ted States, held at Richmond, in the month CT
May, one thouland eight hundred, for The DIFF
tritt Of Virginia, whereat the taid Samuel Chate
preided, and s.fore which certain James
Thompfon Calender was araigned Tor libel on
John Adams then preiident of the United States
the Cad Samuel Chatc, with intent TO opprefs,
and procure the conviction Of The 1aid Calender,
did overrule the obie6tion of John Ba1et, one
of the Jury, who wiihed to be exculed FROM fer
wing on the fald trial, becaufe he had made up
his mind, as to the publication from which the
words, charged TO be ibellous, in the indictment,
were extracted and the faid Ballet was accord
inglv fworn, and did fcrve on the jury, by
whoie verdict the priiorer was fubtequently con-
vi6ted.
ARTICLE Ill
| That, with intrntto opprcfs and procure the
conviction Of the priloner, the evidence OF
John Taylor material witpetS on behalf OF the
aforefaid Calender, was not permitted by the
| iaid San,uci Chafe to be given in, on Pretence
that the fad witnels could not prove the truth
of the whole of one Of fhe charges, contained
! i'll the indictment, although the lad charge en-
; braced more than one fact.
ARTICLE ".
That the conduct of the lad Samuel Chaie
was marked during the whole courte OF the
faid trial, by manifeh inju!tlce, partiality and
! intemperance viz.
J. In compelling the prfoner's council TO re-
duce to writing and (ubmit to the infpeetion OF
the court for their abolition. or rejection, all
auctions which the iaid council meant TO pro-
pound to the above named John Taylor the Wit
neis.
2, In refufng TO polpone the trial although
an affidavit was regularly filed, Eating the ab
fence cf material witnefIes on behalf Of the &C
cuftd and although it was n,anifeit, thar, with
the utmoit diligence, the attendance of iuch