The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-06-18
p.caS.ngs nf Counsel,
ON THE
ON THE
IMPEACHMENT OF JUDGE CHASE.
THURSDAY, February 81.
[ Mr.. Hopkin/on, in contiuuaiioa.7

|
oueht to feel an extraordinary anxiety that pro-
iecutions OF this nature ihould proceed upon To-
Id grounds. can eafily conceive, therefore.
that It mutt be great relief to Jurors placed in
the reiponiible dtuation in which you now ftand,
pound to do Juitice to their country and to the
parties accufed, and anxious to dircharpe this
truit faithfully fure am that il is confo,,f;on
ana comfort to US, who have upon us the re-
iponhbility of declaring what the law is in cafes
| IN which the public and the individual are 70
oeepiy intcrefted; tobave fuch men as the great
iir Matthew Hale, and an eminent Judge Of orr
own times, who, with the experience of 4 CEN
fury, concurs with him in opinion, fir Michael
Foriter, for OR sdes.
"To proceed by fteps-From theft. writer's
upon the law of treafon (who fpeak as bav.
before obfcrved, upon the authority Of adiude-
ca caies) we learn, that not only acts of immedi
ate and direct attempt againft the kings life.
are overt acts OF compafiing his death, but that
a'i tne remoter fteps taken with view TO anin
10 pIihF aoont the actual attempt, are equally
| overt acts Of this fpecies of treafon, even TIE
meeting aud committing what fteps fl,ould be
taken N order TO bring about the end propofed.
mas been always deemed TO be An aet dcne in
Proiecut CT the defgn, and rs f,ch an overt
act OF this trc.ion. This is our Grlt fen in the
preient enquiry. proceed 10 obftrve, that the
overt acts have been now fpeaking of have re-
| ference, Nearer or more remote, to A dirca and
,'hiheoiate attempt upon the life Of the king:
OUT mat the fame authority informs us, that
they who aim directly at the Iif, oe the kino
(fuch forinGance, as the perfous who vuere con-
cerned in the afiafIination plot in thc reign Of
SiNs w iiliam) are not the only perfons who can
oe iaia 10 compass or imagine the death of the
KING. The entering into meafures which, in
me nature OF things, or in the common expert
ence of mankind, do obviounT tend to bring the
HE OF the king into danger, is alto compafiing
ahd imagining the death of the king ia and the
neaiurss which are taken will, be at once cvi.
dence OF the con:pafiing, and overt acts of it."
Where is the criminaIity of. fuch ipffrnetion
and direction; but in what does it differ in
principle and in all ITS poflible confeouences TO
1ne PThoner, from he conduct of Judge Chafe !!
ne learned Eng'hh judge thought he was obi.
gine, the Jury, not encroachiDg upon them-by
tatlng. fully and precifely the legal conftruetion
OF 'thoie acts which would probably be given to
them IN evidence, to fnpport the charcee ~
treaion. IL is true the trcafon CHARGED mon
Hardy was not'that of levyinG war-it was that
OF pafiing the kings death. Now what overt
acts amount toacompaiIiug OF the kings death. is
queition of'law reiting upon long and efabliih-
ca ceciiions and precedents. And Judge Eyre
thought 1t no crime to declare to the iury his o.
IPinion of the law in this refpe6t. So IN orr caG.
treafon by levying war, isa general contribution,
al definition OF the offence; but the application
OF this general definition, and the fixing and
Describing fuch overt acts as amount to a ieyv
lEg of;war, is matter of ieea. contribution. de
pending upon knowledge offorner adiudica,i-
ons, which the Judge was bound to know. or
he WAS not worthy of his Office, and which he
was alto bound to communicate to the iurv.
The difference OF the cafes is only here. Chief
Juft'ce Eyre formed his opinion on deliberation
HfStIf tn
icly delivered it with all the weight of his name
and authority in the face all the Jurors and Of
the country. Whereas judge Chafe gave his O.
plnion privately to the council, TO be at their
dLipoial and difcretion; TO ufe it for the benefit
OF their client If they could; or to dfregard
and iupprefsit if they thought proper. It might
forever have been concealed from the Jurors and
from the world, if the council of Fries had not
themielves made it public. This practice of de-
iiver'ng opinions on points of law in charges to
grand Juries, is not confined to the Enqlib,
courts. 1t is the fame in the United States. The
managers have pronounced a very deferved Ell
oginm upon the official conduit and character
OF judge hedell. The Respondent has heen re-
terred to him as bright example of iuaice and
impartiality, and it has been amented that with.
uch An example before him, Judge Cbsfe Ihould
have 10 wandered from the path of re6fitude
We take their fandard OF excellence. Weapre.
10 ne judged by Judge Iredell; and if ( ,hew
that the humane and learned Judge really did
the fame thing for which the Respondent now
tands ON his trial, hope there will be an end
OF the complaint. On the frft trial of this fame
John Fries for the fame offence, Judge Jredell
actually committed, with fome circlimfances
of aggravation, the fame enormous crime for
which Judge Chafe is now impcached. He did
form an opinion on the law of treafon, he did
reduce that opinion to writing, and he did deli
yer that opinion, the fame in fubifance, and
nearly the fame IN words with that delivered bv
judge Chaie. This bright example was before
our eyes, he is now 70, and let us be Judged by
him. In the charge delivered 70 the grand in
ry in 1899, who found the fr(t bill againCt Fries
for treafon, fpeaking of thofe cafes which he
thought would come before the court, the
judge fdys, "the only fpecics Of treafon likely
to come before you, is that Of levyng war A.
g7init the United States. There have been va
rious OPINIONS, and different determinations on
the import Of thofe words. But think am
warranted in laying, that If in the cafe Of the in
iurgents who may come under your cohfderati.
on, the intention was to prevent by force of
arms, the execution Of any act of the CongreIs
of the United States altogether, las FOR inaance
the land tax a6f, the Object Of their oppoftion)
any forcible oPpoftion cslculsted to carry that
intention into efeft, was Ievying war againit