The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-02-26

Ard IN tie ian n,,e sc cor.eris .iirs the
law OF Virginia in Gueaion, is 10. adorte 81 by
the above mentioned a9 of Ccnsrefs as the
rule OF decihon. in ich cafes as that nov u,,-
der confederation. 1hHt lce does indeed pro-
vide, g THAI the laws Of the fsver1l itatcs, ex-
cept where the conftitution, treaties or fatutes
ofthe u. States lia othrrwift provide, illa,i be
regarded as rules CT deciiion in trials at conf
mon law, il ths courts uf the u. States, in ca
ies where they apply. But this prov;don In
his opinion, can relate only TO rights acquired
under the nate laws, whichcone into Gueftion
or the trial; and not 70 forms OF procefS o.
modes OF proceedings, anterior or prepavatu-
~ to The trial. Nor eau It, as this refpoudent
apprehends, have any application 70 ildict-
meuts for offences againG the tatuteS Of the u.
States, whicn cannot with any propiiety be
called g trials at common law" 1t relates
merely. in his opinion, 10 civil rights acquired
under The aate laws which by virtue Of this
proNUon are. when :hey come in CuCttion ipthe
courts Of the y. States, 70 be governed by the
Jaws under which they accrued.
If in theie opinions his Respondent be ircor-
rect, 1t is IN honef error and he contends
that neither iuch an error in the contribution
OF law, nor his ignorance ola local Gate law
which he had no opportunity of knowing, and
(which the counfs! for the party whole cate
It is fuppofed 70 have a1cGrd were euually
ienorant, can be conlidcrvd as N offence ia
/ Die to impeachment, or 70 ary fort of punifh
nent or blame.
And for plea TO TIE f,id sixth article of i'm.
peaclment, the Eid Samuel Chafc filth that
he is not guilty of any high crime or rnifie
meanor as in and by the fad article is ailedgel
aganh him and this he Drays may I've enquire,
of by this honorable cc,r,, in .uch manner A.
law and iu'ice nia!l fem to them to require.
The feVenth article OF imYeachmtut relate
70 Tome conduct ~ this refp0n6cnt in his Judi
ciai capacity, A. circUit court of the u. State
, held at New Csfle il the Gate OF Delaware, il
Jnne, 1900. The hateneut OF this conduS
made in the article ie altogether erroneous On
! 1t II were true, this rcfponden. denies, that 4
contains any matter for which h5. is liable /,
impeachment. L 7edgcs that -" difregariins
the duties of his alice, he did defend from n,
dignity ola judge, and foop TO the level o
an in'ormer." 'ThiShigh offence confined, az
cording 70 the article, 1T, in rcfuiing to 6if
charge the grand Jury although intreated by &c
veral OF the fail ;ury TO do fo.'' 2dlv, in 6: OBJ
ierving to the faid grand jury, after the Gai,
grand jury had regularly declared thro' thei
foreman, that they had found no bills OF irdid
ment' and had no preitutments TO make, thai
ne the laid Samuel Chafe underdood that ;
| niShly fictitious temper had manifehed itfei:ir
the rate of Delaware, among a certain c!ats O
people, particularly in New Cattle county, anc
more ESPECIALLY in the town of Wilmington
where tiVed aloft fictitious printer, unrearan
60 ny an! principle of virtue, and regarded
OF FOCAL order, that the name of dis printer
- - 3dly, in then checking hinfclf a.
II ienilhie ofthe indecorum which he was con-
uniting 4thly, in adding that il might be &C
ium,nS too much, to mention the name of fiji,
peFion but it becomes your duty, gentlemen
to enquire diligently into this natter,' or word,
to that effect" And 5th!y' sin aptio,it,tiyrI,
enjoinine. on the difritt attorney of fhe II
states, with Intention to procure the Drof-cu.
ton OF the printerin quefton, the neccgifv OF
procuring file ofthe papersto which he Kim.
geo. and by itrItt examination of them TO find
lylhe pahage' which might fnrnifh the ground
work CT a proGcation asainft the pr;nteT
ITO be Continued }