The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-08-20
is;aantneg as ga.:sss;,
IMPEACHMENT OF JJDcE CHASE.
SATURDAY. FEB uAsY %.
Ma. MARTIN, in continuation.


But TO proceed with Yaftt.-what was his
iltuation he exprehed &c via to be sxcu-
ien PROVIDED, there would b,no improperly in
ms Being fworn, hut from a delicate fcruple he
informed the court, that he, had feen 10 the
newspapers, extracts laid tobe taken from the
Protpect Before Us; thar hiIha,lno knowledge
whether they were tr,,ly exsa,ed, but il thew
were, and the context didfnot explain away
the apparent meaning OF se extraSis, ne had
made up his OPTION anequivocslly that their
author came within the pruvifious of the iedi.i-
on law But let ~ tiippofe that Mr.. ns.fet
had actually ieen and read Tbs Proipe6t Before
US, and had found the extracts fairly taken
from it, and had formed and declared his ooi
mon, that It was publication which came
WITHIN the iedition law ; as to Calender i,
would have amounted to- no more than This.
that II he was the author or publilher. and
could not prove The truth @? MS charges, and
had pub!iihed them maliciouly, TO detxne the
Prefdent OF the United S.:teS, be ought 70 be
pnniihed. And what hcns e man ever tIlonyi.
differently !--None wnon ] ever heare; i,,t
of the book. Whether the extracts he had
ic1 agreed with the contents Of the book
whether the context fupportcd the apparent
meaning; whether the charges were true
whether Cal'ender was the author or puhhl,er
them uIaliciouily 81 defarre, Sc. we,e flh;s Cts
of which Mr.. naGtr was ignorant, ani on
! which he had declared no opinion. On the!c
! dueitions he was AZ liberty freely 10 decide &C
cortns as the evidence ID ths cafe il,ouid juftifv
| hi...
| lot it is faid, this OPTION formed and de-
cdration' made, was improper, becauie tbey
Jay the criminal ought to have the law and the
Tact BOTH decided by the jury and Juror
! ihouId have bis opinion as little made I'D on the
law as On the faet. Hence them, we are to infrr.
mat DO want OF knowledge OF the law is the bell
qu'!,hcat'on Tor judse, Is the ignorance of the
IA" Is the bell quaiifcaionfora juror and vet
we are told, that Juror has the contitutional
right to determine The law, and that toe, in def
ance OF the opinion of the court. Thus, it
ieems, the more ignorant they arc, the greater
| our iecrr.ty FOR obtaining iuit deciGon |
admit, the greater tier ignorance, the better
VIII they he qualified for taking What is con-
tended to be the Due irnore!,;an from the exer.
cite CT what, We arc tod, is tA. cos1Gitutjo1al
right Of couaic,
! out "a this edit, a2 appears from the teffino-
| ny, ebere were "tieIs tc6des Cailendrv coli
cern>d IN printing and puhliihing The profpsSt
Before Us ; fuppoie iome other perfon, foi. in
lance Mr., Rind had aIlo beeuindicfed, that ON
thetriaiof Rind Mr.. Baifet had feryed as iuror,
and b afoundhim guilty.; that c. had afterwards
beeF brought to trial and Mr.. BaGet had been
F., called rs juror lie could not &c fet Aide az
eording 10 Tie authorizes have produced, a.
tho in the calc Of G;pi u. hal, andtbat ON oa+h
declared his opinion OF thc law.
Mr.. 3afiet, although being poG.ftd oe =
| 'rGra' fortune, &c :.;.;; d1t nov praslce, was
| tf'd % tEt law his legal knowledge was flcb
That lie could moi doubt hut that inch publicati-
"ha as / he Proipefi B-fore Us ca:ue ander the
, III inf.f ..,i,t
! rms Tsaion, that the manIgcrs contend he ought
not to have been fworn Yes fir. this verv
knowledge of the law which rendered him a
! more proper character TO ferve on the Jury. il
"yt ne honorable mInagrr irifed on as what
| ought TO have been his disqualification. And
yer they contend that Tie .ury have the I'm.
tcoa'rouiable right to decide ppon the law
| Sdppoie Mr.. PreGdrnt, perfon to be inJiH.
| 81 tor an aiiapltand battery---or for burglary
h"ny perion ihoudbvfumu on, donthc iury,,yh o
Aaa ioInuch commoafen!eS zgererai Information
as 20 ENJOY that he mdn who comes behind the
Oack OF another and knocks him down, is ru;L
ty of an all. alt ani battery, he would I've ma,
20 ferVe as jrror in the fri CAFE. ;-or -
sno~ thai 1t a man breaks into dwelling houfe
~ me night time, aud iteals therefrom. inch Of
| lender IS gu,iiy OF burglary, he would be equal
~ unit IN the iaft cafe.
! Hence then it follows, that in the o3inio, y,
! the honofat'e naraGe,s, that as Judges ought
10 nave no previous knowlgd.e cf th. law re-
ative TO cafes which are 10 be ;rieJ before Them,
to alto. jurors ought net TO have afv knowle,lyr
OF what is TIE law, in cafes 90 be tried before
teen and that if any inrcr with fuch leeal
kHQ~'edee fhould be lummoned he curbt NOT
to re admitted 10 terge, unlefs indeed he can be
rendered properly qualified ~ the application
OF the Agdia tyLber or by the uGe OF the Leib.g1
FeafF'J, ty !he one modecr ,he other 10 he red,,
ced to that happy Gatc Of ignoraace tborrh,
by the managers 70 b. the eiieniai requilite o.
! ajnror.
| 8ouid, before concIuac This f,b;s4 re-
marx upon ~ cnistViton made sy or. Of in.
! honorable managers, (hir. CsnpbelD he hs,
! ch3rCed judge Chsfs win having caI,lcd Mr.
bansi be iworn as one ofihe iury for the yer,
Purphe OF convc.ine Calender, from his Know.
'sose Of BiheiFS political principles.
nay worthy colleague (Mr. KEY, has ,,;,,
| grcat tTersth Of Argument hewn that ma.
Cndie cou'd not from the fafls proved, be otbsr
! w'IC tntIa itranger both 20 the pe-fop arJ ;,
Inc political principles Of Mr.. Baasf. mt
an 'wAre thafi IN rep.y It viii be faid the decj,
r"iun Mr. Belief male in court ihewed Ub,t
| we're he political Continents. He oo,v to-.
DECLARED that The Prof5ed Before Ia. II ill.,
.rac's he had iccn w1t jolif,d by the boo,
]