The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-08-09
1steaninga of gaungeI,
ON THE
IMPEACHMENT OF JUDGE CHASE.
SATURDAY, FEBRUARY %.

Mr.. MARTIN, in continuation.

IF, fir, Judges are to he cenfured for pofIef
ling legal talents, for being correctly acquaint-
| ed with the law in criminal cafes, and for not
tuiiering themtelves to be nfulted, and the pub
lie time waited, by being obliged TO hear ar
guments OF council upon qneNions which have
been repeatedly decided. and on which they
have no doubt pray you let not our courts
ofjuttice be dfgraced. nor gentlemen of legal
talents and abilities he degraded by placing
them ON the bench under fnc II Illuminating cir
! cumttances But let us go to the corn fields,
| to the tobacco plantations, and there take our
Judges from the plough, and the hoe. We
ihaii there find men enough pofcHed of what
teems to be thought the frlt requiite of
Judge, total ignorance Of the law
That degradation which no gentleman OF me-
rift and abilities could endure. tbeg quiY nor feel.
In reply to my obiervation made by my very
respectable colleague who opened our defence,
and which have cndeavoured to- enforce - that.
1t the opinion giveaby the court was correct,
Fries could receive injury thereby, though
Meiirs. Lewis and Dallas had not been flu Frcred
to argue aeainit that opinion, bccauie the opini-
on ought, notwithstanding, to have been the
fame, one of the honorable managers hath f.id,
that had judge Chafe fenterced Fries TO death
Without the verdiet of jury: had be decided
the faet As well as the law ! aud he fays he
might have done the one with AS much
propriety as the other, it might have been ur-
Ged IN ths' lame manner in defence of the Judge
" that it was of no conequence to Fries, for the
fact being clearly againft him, had he been tri-
ed by Jury, the jury muft had found him gull
~, and then the judge mult have done what he
did, fentence him to dcath.'
This argument is totally fallacious. By the
contribution ard laws of the United States, the
criminal has right to demand that the fa6s
hail be decided by jury. This the court
cannot refufe if the criminal requires it. Was
ajudge to refute the criminal the trial fthe faef
by jury, he would violate well known Legal
and constitutional right ofthe criminal. But as
the criminal has a right that the Jury fhould de-
termine Queftions of fact, 70 do the principles
of jurIfprudeDce equally declare it to be the
right of the court tn decide queftions of law {:
and the contribution in no part, contravenes this
right II no where 1ays that the Judges muft
be ignorant of the law, and take their imprefIi-
ons from the council Of the criminal, or that il
iG the right of counieI TO be heard where the
court has no doubt Of the law, or TO argue TO
the jury that the law is contrary to the direction
OF the court, or that the Jury iboud have right
70 decide the law contrary TO fuch direction
Hence, there fore, there is this great difinction
between the two cafes in the frh the court
only exerciie their own rights, infringing no
right of the criminal while in the laR, the
SOuIt "OhlO dCl III ulTSCt VIOLATION or his well
known legal and constitutional rights. But
though the criminal has the constitutional right
70 have all f1tis decided hy Jury, he NAV
wave this right, IN which cafe fbe court NAV
pafs icntence without the intervention of a iu-
nv, as where the criminal demurs 70 the indiE-
nen' and refs upon his demurrer, or where be
pleads guilty, in which cafes, the court, with
out the Intervention of jury, proceeds TO pats
ientence according to law, and the nature of
the offence.
In the opening Of our defence, il has ALTO
been urged, that if there was any imoropretv
in the condu6t Of the court, respecting the tri
al of Fries, on the ira day, it was am ply com
penis'ed by the conduct of the court on the
frcond day, in having called in tie written oyi-
MONS, and tne copies which had been taken, &
gwen the council liberty - proceed in fuch
ni2nner as they mould think proper.
In anlwer TO this tic honorable mansgersbave
replied, that it was then too late. The ,,if
chief, that had hsen done tie fira day, was jr-
rcir'crabe; the fin, that day committed, was
in;1risbIc Nay, one OF the managers has told
~, that the s%cute is as abfurd, as would he
The ezcnfe Of perion, who. having throw,
iTebrahd Into comhu1ibles, aad Get the whole
neIehbOurhoOd in z tI9ze. f,ouid s,ter,,, =,