The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-05-21

y
man wilfully ard without provocation Kills
another. In fnch cafe as in the one BOW I'M
der confederation, the anfwer is that the crimi-
nalintent is apparent upon the face of the act.
Ans! there is 0ueftisn, fir, which Rrikes me
as applying itfelf with aimof irreiiitible force
10 the r.eient dfcuffon can it be that fuch
outrages fhould he committed upon the moi
ordinary principles of law and juitice, and vet
The conduct ofths Judge not be influenced by
corrupt motives CAN'T be that every thing
fhould be done to favor the profecution and
ftills the defence, and yet juftice be admnifter-
ed faithfully and impartially and without re-
fpeet 70 pcrfons?" But if all this be iniutlici-
ent pray This honorable court to recolef the
declarations ofthe Judge in relation to the cafe,
as attefed by feveral witnefies.
The fifth and fxth articles ref upon grounds
70 extremely Gmple, and 70 eatily comprehend
cd. thatit appears totally unneceiiary to fatigue
the patience of the honorable court, by dwelling
upon them.
The feventh article is as follows:
I" That at circuit court of the United States,
for tl.c difrief of Delaware, held at New-Cac
tie, in the month of June, one thou(aad eight
hundred. wnereat the faid Samuel Chafe pref
ded, the faid Samuel Chafe, difregarding thetu-
ties Of his Office, did defend from the dignity
Of judge, and foop 10 the level of an inform
er, by refufng TO difcharge the grand jury, al
though entreated by feveral of the faid jury 70
( to do; and after the faid grand Jury had regu-
larlv declared. through their foreman, that they
had found no bills of indi ament, nor had any
preientmeuts to make, by obferving TO the faid
grand jury, that he, the faid Samuel Chafe, I'M
derftood, Z" that highly fictitious temper had
manifefted itfelf in the fate of Delaware, a.
mong certain clafs of people, particularly in
New-Caftle county, and more Especially in the
town of Wilmington, where lived mott fcdi-
tious printer, unreftraned by any principle of
virtue, and Regardless Of focal order that the
name Of this printer was"-hut checking him
felf, as if fenlible of the iHdecorum which he
was committing, added" that it might be az
Tuning too much to mention the name of this
perfon, but IT becomes your duty, gentlemen,
to enquire diligently into this matter" or
words to that effect; and that with intention
to procure the profecutiou of the printer in
cuenior, the faid Samuel Chafe did, moreover,
anthoritatively enjoin on the dtriet attorney of
the United States, the neceffity of procuring
file of the papers TO which he alluded, land
which were underfood to be thofe publifhed
under the title of " Mirror of the Times and
General Advertifer,") and, by ftria examna-
ton OF them, to find fome pafiage which might
furnifh the groundwork of profecution againft
the printer of the faid paper: thereby degra-
ding his high judicial functions, and tending
TO impair the public confidence in, and refpect
for, the tribunals Of jufice, 70 eHential to the
general welfare"
The Respondent ftands here charged with
conduct, than which, in my opinion, nothing
!. could be more at war with his official duty
nothing more tarnifh his official character. The
contribution and laws of this country certainly
intended in erecting high judicial tribunals, that
thofe who might be appointed to minfer there
IN, Mould be impartial difpenfers of iufice be-
tween iuch as might reiort tiitiier fer an adj
juitment of their differences. In public proie-
cutions. more Especially was it intended that
fuch dHpenfation t!ould be made without re-
fps6 to perfons. In thefe, above all other
Hcafes, ought Judge to ftand aIoof from nflu-
ence, free from prediction towards one, or
prejudice againa the other. Mott peculiarly
here is it his duty to ftand firm at his pot, re-
filing the overbearing influence of a powerful
public, and protecting the rights of the accufed
in TO unequal conteit. But judge Chafe, diff
J Regarding thefe principles, always held facred
in a land of laws, converts himfelf into hunter
AFTER accniations. He who, in the humane lam
gu,ge of the laws, ihould be council for the ac-
cufed, becomes himfelf an accufer. He whole
duty it is imparsially to decide between the pro-
fecutor and profecuted, becomes himfef the
procurer of projections.
I have always been taught that the character
OF an insormer, in any ftaton of life, was de-
!. fervediy conGdered as the reverie of reputable
AWhat then, fhall we fay of him, who defends
rom the judgment feat of the nation, to inform
uaind, and direct the profecution of one, a.
yainf whom he avows the hrongeh antpathy,
Yand ever whole trial he himfelf has to prefde !?
Surely, fir, his Thrift for puni1lment was great
Surely it was extreme indeed, when he could
mot wait for the tardy motion of the public pro-
fecutors. IF our judges are thus to turn in
informers; if they are thus to feek after objects
for thensfeives to try, and themfelges to punifh
then indeed niulf this country, heretofore con-
idered anafylum from oppreGion, become itfelf
the nurlery of oppreliion in its mott odous
form. And this government, heretofore the
pride of humanity, will be held up as an object
of fcorn anc deriiion to the nations of the
karth.
TIE eighth article is in thefe words:
"And whereas mutual refpe6t and conf.
dence, between the government of the United
States ard thofe of the individual ftates, and be.
tween the people and thofe governments, re-
lpeStively, are highly conducive to that public
l harmony, without which there can be no pub
Vic happinefs; yet the faid Samuel Chaie, diff
Regarding the duties and dignity of his Judicial
character, did. at circuit court for tho ditrict
of Maryland, held dt Baltimore, in the month Of
May, one thoufand eight hundred and three,