The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-09-06


however is ucapaoeto !pecify at what time, or
on what occa!ism. I ak, fir, upon frch evi.
dence 70 uncertain, ~ vague, 10 un!upportsd,
can any crifnin;s'ity beiixed, AS 70 this part OF
the charge, upon my honorable client!
Indulge me, Gr, with a few remarks or GER
tain private and focal CONVEX cations, which i
f-ems have taken Place between the Judge and
fome Others, and which tkough perfectly inno-
cent OF the .nirivss, have been pref; Il into the
ftrvice ofthis profeGution, and attempted 10 be
Gitostrtinto crmDa.iiy-aId viii then Gui,
this part of the charges. A very worthy and
rsf5e0 able gentleman, with whom have long
been acquainted. John T. Maion. Eiq) has
been called upon to diiclole iocofs converia-
ton, which took place between him and my
honorable Glen, 4 few days before he went ON
to Rcb,nord, 10 hold the court at which Cal
l-rder was tried. o that occafion he tells us
Jxdgs Chafe informed him that he was going
to hold the cour, at Richmond, and that he was
determined to teach the Virginia bar the Gitfe-
fsnce between the liberty and the Ii, eitiouinefs
of the preis. That az to himfef, there was no
perion a greater friend TO its real liberty, nor
more decided ensiny to its licentoufneis. Judge
Chafe Further ob!srved that he was in pofeRi-
/ on of copy of,he Profpe0 Before Us, which
n bad givrn 10 hin, and faid eitier that if The
shate of Virginia was not totally debated, or,
That II there was an honeit jury to he found IN
1tllv uate, va, nrr. Mafou ,h;.,,.a ,hs fri. he
would bring Calender TO puniihmert. Mr.
NATION nis uecIarSt t.,e conversation was open
aad public, III the prefsnce Of Il number cf gen
tenlen, perfectly .;ocuar, and in great good hui.
NOR, and I; rs proved the coaverfition was in
troduced bv Mr.. Maf,n hin. I,lf, Whole faccti-
ols 'a'epts are 10 well known. That gentle
man has declared that it was painful! to him TO
be Obliged now to diiclofe what then paict.
Nor can any periop' doubt 1t or that nothing
but iente Of the obligation he owes to his
country, Yhen thus called upoa to obey the
claims iety has upon him, could nave induc
ed him thus to dilcloie the particulars of this
fo'r,ivc and facetious colverfation, introduced
by bmieif, To crafty the views o. any perfon.
who would win to turn it to the diEdvant,.e
: OF my honorable client.
Bur, FIR, will ak, in all this what is there
thai fixes any crrninality on Judge Chafe, or
which indicated on his part difpofition to op-
prcfs! II was a fact notorioufly known, that
the bar OF Virginia, in general did, or at leaf
profeiied TO, coniider the fedition law unconiti
+ tutonal, as andmLy refranng the liberty of the
prcts that great palladium IF our rights On
(. the contrary, my honorable client with many o.
Their Respectable characters, legal and other.
conitdered " as wholefome and nccefiarv ref
traint unon It's licentionfnefs, and b eved that
tnch rei(rant was the belt fecurty for the pre-
frrvation Gifts Liberty. And on this {uhieIq let
me Introduce the authority of Dir. Franklin
nimteif printer, and great an advocate for
the liberty Of the prefs, as any Reasonable man
ought 10 be. He has declared that un!eE the
Handler and caiunny of the prefs is iearained
by iome other law, it will be ,eGrained
by club law. The fcntiment, Fir, is Jun. If
gentlemen cannot find in the laws other coun-
Try aprotct.ion from that profi:gate conduct of
printers, which is at this time 70 common, or
canEot obtain from the laws of their govern
incnts ample punil,ment againft their bafe ca
NJ 'mmators, they will become their own aveng-
I'll they will rsfort for that purpofe. Bat to
return to my client, it was his knowledge of the
prevailing ideas Of the Virginia bar that induced
him to u!e expeditions which amounted to no
more than his frong feufe, that they had err
roaeous opinions as 10 what was the true liber-
~ of the prets, and did not properly dihinguifi
between its liberty and its lcentioufnel.
i And rs TO the determination he exprentd
that he would bring Calender to punifhment,
Mr.. Mafon has declared that every thing the
Judge f,id on that iubica was predicated mon
the fuppoition, that Calender was, in reality,
L the author Of the Profpe6t Before Us.
There was nothing then perional as to Cal
lender, but only IN honeft indignation sxprened
agdiDtt vile libeller, whomever ne might be.
The Judge had in his hands one Of the moft
Hartious lbclsever publi'hed in America-a
cafe in which there had been the lrot impu-
Ne3t dl'c caring Viniation or 4 law or the Unit
cd States ;--hc confdered it his duty to pu;
The law in force agauG fuch IN offender. And
I was IT rot Yes, fir, if Judge, either ofbiy
ozvn knozvledee, or ky Mformation 4tyi1ed jiO,a
q rSipeaaLte i6hyre, has reafon 10 believe the
laws of bis country have been violated, part.
tu'arly in cafes Of magnitude, it is his G7rred
s|nty to recommendto the grand jury an exa.
.pl'nation into fuch crimes, and 10 endeavor to
bring their perpetrators to due pun1lment.
], iir, difclaim the idea, that JudPe GIews
want of impariiality becaufe he is deiirons TO
Zee gmih punihed.---J, FIR, have no idea, that
oar JUDGES ihould be, like the gods of Epicu.
rms, lolling mon their beds OF down, equally
Icareleis whether the laws of their country are
obeyed or violated. inftead of ai7ivel, di!charg-
ing their duties. Judge Chafe went to Rich.
rnond determined to enforce the laws of his
! country it was an honcf determination He
might, 1t rs certain, under The frivolous pre-
texts ufed for that pUrpoft, have continued the
Caufe TO another term. he might By 20 doing
have left the odium of enforcing this obnoxous
'axto be incurred nv fome other ofthe Juiges
Ivy 70 doing my honorable client might have a.
v@i6ed the obl0Guy 20 which he has tecl ex-
po!rd on account Of this trial, and this in
parchment rs far as il is founded thereon. But
Lad he 70 done, in my opinion, he woa'd have