The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-07-09
CVoLUME 9.

interrupt council when they atseu,p: 10 'ay
down as law that which is not Law. IN this
cafe, he certainly did 70; but il does not ap-
pear that he departed fror, his ordinary cc;,rfe
and if ne had, where is the rule, which on fnch
occafions, is to govern judge? Such conduef,
as have before ohferved OF another point, Vi
dates no moral obligation, infringes no ftatu-
tory proviIion. The Judge may not have DE-
played the urbanitv, the flavity, and the patti
encc, which 70 happily characterize Gome high
characters but where or when has the ahfence
of theie minor qualities been con6dered rs cri-
minal? Some OF the witneiTes, and ,monr
them Col. Taylor has defcrihcci th- conduct of
the Judge as imperious, farcahic and witty
but no witneis has pronounced i; tyraani, al or
opPreifire.
With regard TO the fourth r,ccie-s.ica
which rea.es 20 :he interruption of eounfel, I
ihsll Fly but little. A judge has right al all
times % interrupt comnfel whenever they az
improperly. 1t is The Inherent right of courts
When that is LAID down as law which is not law,
it's not only their right, bat It is their iu:v,
10 top them. Such iaerru ptiols nav BE c,,,-
iidere., vexations by. the council that are inter
rnPted but OF iuch matters The court on.y can
, ne the Judge. One witnefs, examined on the
frequency of the Interruptions Of council on
the trial of Calender, has fa;d that r,,or- ;,,s-
ruf.,ons occurred in cafe before Judge I-eden, 4
Whole euog!u!a has been pronounced bv an
hon: mandget; and another witnefs has inform
Ell MS that it is the habit of int,ce Chat. fire.
Guently tointerrnpt council we'll a. in civil %
III criminal cafes that the habit a;fts from, ne.
vgenr ofhis mind, apd the ar,,o-r Of his fe / /
i1Ss that this is fonewa' enbar-.fing to
counie, but that a little fIsvitr on .te- rsrt
loon refores the judge to good lnmour. On
This point havenofurther obfery ions t. make.
l VIII leave it to the good fsnfe of this hon.
cod5' TO determine how far the condn6t of the
respondent was, on this location, in1c.orous,
and how far, on account Of this conduit, he's
liable TO imPeao ',u;ent.
nave omitted to rotice one OF the Interrupl
tIo-s, relied on by the managers Wien the
council for the traverfer infited that the iary
had right TO aliefs the fine, according TO on
otthe witncGes thejudge replied that it was a,
VIII. notion; according to Mr. Robcftfon, he
taid 1t was miItaken idea. And that it was. g
very profeHional man will acknowledge. They
point bad been previoullv decided at Richmond
| by judge Patterfon and judge Irrtleli; It had
been decided .ha, the law of Virginia did not
! apply, and that tAc af!tfment Of the fine was
the province Of the court. Bv the law cf Vi-ri-
MA, fine is aGefled I'D E5iflDt . By The ac Of
the United States Is is provd d that il .,all nc-
exceed certain fun. How then vas Il -cfitIe
! to ast under both Ia"s?
! As to the Ssh fpe ication, which il
IN thele words IS in all Indecent &C.:
i,citude, rnanifeffed by the faid Samuel.
Ctaie, for the conviction OF the accufed
lnnbecominG even public profrcutor, but higf]
| r. dfgracefIl % re character Of = ;udTe as it
was fuh7erfvc oe jrHicc ;"-I have no r-cc:G.
idea OF the meaning oS the term Indecent EiiciS
fade. Sol;citude means mental anxie.v. Y We
are to underRand ~ foiictude that TIE iudrc'
felt anxiety for the furherance Of i0itice, .Iat
Is imply ali operation OF the mind, and TO de-
term'ne whetherit g praifr-vor,h- or reprehrr,-
| sible, fore overt a6 rnnft he iile,vn. For is,
MT Hfe I, - IN, n
lit cn The bench without feeling fome iuterea +,
the 'Hue This is more than falls to the lot of
mortal. No, he TuH have feelings; and all
that can De required is that he rtftrain them
from breaking out into acts fIbverfve of inhice
! / will endeavoUr on this point to condenfe th
teitmony. 1t is iaid that the folicitude cf til =
respondent is eviiced by his indecent Behaviour
to the Council, and by his conduit previous d
the trial. Iocuar conversation is refortedf o =
and exprefiions made in the mott ungrarded
moments are drawn forth in Judgment aeaine
him. After he had delivered charge It AM
naPolis. Mr.. Mafcn anne UP to him, and akes,
| him what kind Of charge lie had delivered, whe
ther it was 70 be con!;dercd as legal, religious
moral, or political. To which The Judge repl;.
ed that 1t was l'ttlc Of all. Some coTyerCisitn
eniued on the ceptiouinefs of the prefs. and he
ob'erved that when re went 10 Richmond, if 4
respectable jury could be found he would have
Calender purified. All this is worked TN, as
1t were by magic 70 prove deliberate purpoE.
/ on his part to irfitute rrciecutior. 'Tba,
man of the Intelligence OF Judge ChaG,, had Re
conceived iuch project, fhould have thus TO-
coiey, as It 10 proved, and in public, have di-
vulged it, is beyond ali belief Let not 4 cafusl
converfation of this light and fportive kind be
tortured into evidence Of deliberate defgn.
No man, Tie lean acquainted with the p. n raj
character Of judge CAafe, will entertain the idea
for minute.
Another circumference complained CO, is thst
judge Chafe was provided with fcored cony
of The Profpett Before Us; and this is addli-
ced to prove his purpofe 20 opprefs Calender.
But we have given II ~ tefimony that this copy
was fcored by Mr.. Martin, who handed II 70
the judge, when hc was about going TO Rrh-
mond, to amufe him on the road, and o u axe
fuch othef ufe Of It as he plesr-d. What was ,
there improper or indecent in fills, pr-.her
che Respondent is next hunted through lirc If
hages on his paAage from Dume,ies TO Rich.
mond and Mr.. Jrpet is brought forward tn
prove that he e1preiicd with that the damned
rafcal he'd been hanged. Had there been 2 frt
tied purPoie to conviG or cp orefj CdlienderN
would it not have been ma7fehed by conceal-
and rruCl,ure. iuncsil,,f