The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-04-06

grand jury, the latter part appeared 10 be de-
livered from written paper.
Mr.. Montgomery. 1t appeared TO me that
the latter, as well as the former part, was deli
yered in the fame manner; the Judge keeping
his eyes on the paper before him.
MIR. NicboJjo1. Do you recolleet whether
the very aa part of the Charge, when he dcfire6
the jury to pauis and reject, &c. was delivered
from the written papers
Mr.. Montgomery. 1t appeared to me as If he
confined himieif throughout to the written pa
per.
JOHN It. MASON was again called
MIR. Randoipb. You will peafc 10 mention
iuch circumstances, as came under vour OFFER
walton, Mt a circuit court of the United States
held at Baltimore in May 1905, in relation TO n
charge delivered to grand jury.
Mr.. ha/on. ! was preient when fuch a charC,
was delivered; was prertnt when il commcnc-
ed, and continued in court until it ended.
have, however, very imperfect recollection OF
the greater part of it, and of great part of it.
perhaps, have no recollection at ALL had not
been Ill Baltimore for two years previous; the
court room was very full and while was there
number of perfons came up to falu;e me.
felt no particular intereit in it, and only at
tended to thote parts of the charge, during the
delivery of which was not interrupted bv in
quaintance. ] do not think can charge my re-
collection with more than three great points in
tie charge; nor am certain that | can give
them l.. the order in which the Judge delivered
them. The firit contained pretty ftrong and
ceniuripg animadverfions on the aSt of Conerefs
which repealed the law palied in February sol
for the new organization of the courts of the u
nited States, by which the iiXteen new judges OF
the circuit court were removed from Office He
tTN.Nlr. a.attf L. L.
independence of the judiciary, and as calculat-
ed to produce great mitchell. do not howe
yer pretend to give the words, but only to en-
brace the idea.
with regard to the fecond point, which re-
collect, 1t will perhaps DC necefiary for me 20
explain that according to the proviion, in the
contribution OF Maryland for altering that inftru
ment, amendments may he made by legislative
act paiied by twofuccefiive legislatures. Under
the contribution, before late amendment was
made, no man was permitted TO vote unlefs pof-
ieiied of property TO the value of thirty pounds.
1 hat part OF the contribution had been altered
by two fuccefiive legislatures by combining the
qualifications of voters, TO age, relidence and
color. This amendment, MIR. Chafe fpoke of
as one caicuatedto Zap the foundations of our
government, as injurious, and as leading to a
great many evils.
The third ground arofe on this circumstance.
An effort had been made to alter the contituti
on by comfortable change in the judiciary fyt.
tenn, and which had 70 far prosrefIed as to have
obtained the iaDction of one legislative vote He
ipoke OF this as meaiure extremely dangerous
IN Its nature, and which, if carried into effect.
was calculated to detorm and iniurc one of the
mott beautiful features of the contribution, and
10 10 affect 1T as to leave nothing or little in il
worth preiervIng. He concluded his remarks
on this point by an earncit recommendation to
thote PcrfonS TO whom he addrefied himfelE TO
make the neceuary exertions to prevent the paf-
iage OF this act, which would have made il 4
part of the contribution. There were at leaf
two gentlemen in the room, who were members
OF the Legislature, and whole fathers, as | I'M
derftood, were members of the convention.
which formed the contribution of MARYLAND.
Judge Chate obierved that it was a matter of
peculiar modification, or concern, to look az,
| to Ice, or 20 know (ufing fome fIch expref1ion)
lone gentlemen engaged in thoughtlefsly demol-
lining the tar fabric, which their fathers had
toiled with him in erecting.
This is one point of fact in which differ from
the witnefs latt examined. Judge Chaie deli
vered the charge from written paper, which he
had before him. He wore his fpettacles at the
time, and though he turned over leaf by leaf, he
occasionally threw up his head, and fometimes
raiied his fpectacles on his forehead, and fpoke
as if he was making what confdered an en-
largement of the original charge, by extempor-
AIRY obfervations in addition to what he had writ
ten. cannot charge my memory with any
thing further.
SAMUEL H. SMITH Ezvorn.
MIR. MeboJon. Pieafe to fate whatyou know
OF the charge delivered by Judge Chafe at Bal
timore.
Mr.. Smith. The charge of Judge Chafe hav
ing been publifhed, did not expect to be CAL
led upon to fate in detail its general contents
fuppoing that the only enquiry made would be
on the correspondence of my recollection with
the contents of the publifhed charge. do not
know that fhould be able, under thefe circum
frances, to give particular ftatement, from me-
mory, OF its contents. On the evening fubfe-
quent to the delivery of the charge. commit
ted to paper the mott important features of il,
which were pubIiihed in the National Intelli
gencer, and which form part oftbe printed teiti
mony received by the committee of enquiry. IF
] could be INDUCED with accefs to it, | fhould
be enabled to Fate more correctly my know
ledge ofthe charge.
(Mr. Smith here, with permifion read the fol-
lowing extract from the National Intelligencer
of May 20, 1909
After a definition of the offences cognifabe
by the grand jury, Judge Chafe fad he hoped
he fhould be pardoned for making few addit;