The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-08-16
asIfantues of Calmsel,
ON TIE
IMPEACHMENT OF JUDGE CHASE.
SATURDAY, FEaRuAsy 90.
Mr.. MARTIN, in continuation.
ON THE


object was iuft and corref! What was the
eondrtt of Callender's council! Was it not
fucb as Immediately tended to inname The
minds of the bye flanders, and to excite their
indignation againii the court, and highly infult-
sng to the Judges? In the hrt place, they en-
deayoured TO obtain continuance of the caufe
70 the next court, merely with an intention 10
procure delay, and To prevent the caufe being
tried before Judge Chait, acknowledging tina,
they had no hopes expectation from anr teJ-
z'onr TO fave their client if the law was deter
mined TO tie constitutional; and vet they brought
forward their client TO fvear juft what they
pieafed, IN order to procure this delay, with re-
frect 10 the neceihty of witneiIes, whole tefti-
rnony they acknowledge they were confcious
could be of no frrvice to them, and yet they
w1ihed the bye-iarders to conlder the court
acting highly ;a:syoss, for not granting thai con-
trnuance! Was this even to ferve Calender /?
No, they avow they did not appear to ferve
hin, but to ierve tire eanie. Sir, 1t appears from
:heir own evidence that Calierder would have
GsiiiittSd 10 the court, but for their interfer-
ence. that they volunteered on the occafon not
TOR him, but for their eoujc, and yet the voiup-
teers wanted the court TO give them TO another
t" prepare themf.lvcs, & made Calender fwear
what they pleated to effect their purpofe. 1'hes
tiid they were not we'll acquainted with the
law upon iibe.s, ard therefore wanted time to
examine the .utieet; but furely v hen per!ons
undertake to volunteer their fervices on any
fuhiect, they ought to be Uafters of it, and are
entitled tn NO Indulgence Of delay. And as they
declare they had formed tire determination, on
me rrit Inttance OF an indictment under the fe-
dit'on law, to core forward and volunteered
Their ftrvces for the fake net of the man, but
of their caute, common decency to the court,
End proper refpect for themitves, ought to
have d'etatct 20 them in the interim to have
Anace t'semte!vvs fully acquainted with all the
'ev relative 20 that tubiea in which they had
thus determined oficionily to interpofc.
In the next place. when the Jury were about
To I've worn, they challenged the array in order
70 let abide the whole PANEL. Such challenge
can never be made correctly, but for the Jury
being returned by an officer not authorized, or
Tor unfair and partial dealings in the officer who
luminous the jury. The reafon aligned was,
that one OF the jurors who was returned mas ex-
pretfed frntinents ini;nical to Calender. This,
y true, might be good caufe TO Challenge the
individual Juror for favor, but no boy, who had
read IN An Office FIX months, would have tuppo-
ded this iut;ic!elt cauie to have challenged fhe
array, unhtS it had been further aiedged that
The martial knew the Juror had cx,refltd fich
tepriments before he had filmnoned rim. and
hati tumm2asd him for that reaion, which was
ndi togcefted. Is il poi,ible TO believe thas lie
Fai Characters Of 70 great eima:ion, that oi,s OF
'ncIn was then tie attorney general Of the fate
of virginia, another almCit Immediately af;er
appointed attorney general of the United States
for the darrct ~ Virginia, and The third, az
pointed one or the chlncelIoys Of that hatc.
'hoeiH nave been 70 utterly ignorant of the layy
relative to TIE challenge Of the array, as 10 ba,e
made the motioa they did? IF not, it lare BE
.pretumed their conduit was Influenced bv =
%hb To e'rbsTra:s the court TO hold ua the
prosecution as opprefilye; 20 excite public in
oiEhan"f dG2inh the court and the government.
VINO endeavonred 70 i1force i, b. ATTEMPTING
SO 1mprcis belief Oil the public mind that even
their fnarihal had, in the very beginning, violat-
cd nus dntv To crafty the wifhes Of an opDrctfive
government, and that for that purpofe he mad
unfairly packed = Jury. Was not this immedi
dteiY' was u not ,dehgnedy done for the purooft.
ot exciting public indignation? What was the
conquer oil the tame council when rhe court de-
l"ed them 20 reduce 70 writing the ouenions
,EsY meant Ia propound to Col. Tavlor They
nave declared they belitated whether thry
would do it ard before they did corplv with
'ne COURTS direction, they made dircf effort
- mold up 10 tie hye-tanders that the court
was acting with oDprelii1U and partiality to the
prejudice Of Calender, by inpofnp on hi
council difficulties and impoiitions which the
court mad not linUoicd upon the council for Tux.
profecution Whereas in fa6t the COUNT 10.
ne proiecu-ion had faiT'y hated ;he trGinonv
sic meant TO Offer, before he produced his wit
icies- havirg no dciirc that the Jury Hhould he
inp-,ied with irprocer Observation-Disclosures the
sount-i for CaienAcr U.nIcd To have witncHes
examined tn the Jury without the leaf precious
dicIoiurcto the iIry or court, of the evidence
meant ~ tteII 20 &c given; aIoA evidently
fhst they nigh, have ttfmony Illegal thus i'm
r"iSd upou them; and bccaufc they we're, hy
tte corftd intcrpoiition OF the court defeated
- thi$ Object, they could nor confetti even TO lef
,h's oct of the court pals. wi;haa: d,,rta4 Al
tempt to imprcis upon tn, tye-fanders, hat Il
was anoier initance OF the unfair and oooref
he C"nhud Of the court, which ought to ~
tfr tieir iud'2n uiOul And here let this no
n"orthle court refuyn,ber that Calender, in his
Proirret betore Us, had ~ the nor folemn
manner "lptaied y The Rate Of Virginia, that II
ever the time ihould come, when The govern
meat OF the United States ncuil attempt TO
pfmecuie him and make him vittn under tre
itditiou 'aw, tia. 0ate WAS bound uadcr every
principle Of intercG, yf junice, &: of The claims
he had upon tlcm, 20 come forward, andat aVl
rhs and 1y nj a'stas 10 I,rote6t him. Is there
MT. 81, great rosfon to believe, tiat the cl,;eta
G.! coHfil vas ic fecond this appel to r,,,s
~ Cal.udcT, and 10 induce i,c people Of VIZ
.g'nla 70 GONE forward 10 fsgc hsir client from
SIC Pretended oOpren.on c. gossram,i .t.---to'
reiCue bin from iiejr fangs