The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-07-26


Of errors over criminal projections. In tup-
port Of this doctrine refer tn the cafe Of New
,l againtt ths commonwealth, adjudged in the
year 1895. Q. Waihinyton's reports, IS. I,
was ayainit magiarate for bribery in his Office,
and the judgement was reverted with cots.
ALTO refer tn the cafe of Jonesagant the com.
adiudged in the year 1899. If
Calls rcports, SIS. This was an indictment
for an atiau't, and the judgement was reverted.
II is true hnce the trial of Calender the(e cafes
have been over-rued. yet as the eftabiiibed law
was different at the time of his trial, the offer of
the judge to grant writ oferror in the MANNER
which has been proved, ought not to be attr-
buted 70 any unuit or improper motives.
The learned council who fPoke laf Rated
the practice in MarylaDdto be, to- award capt.
rs and to- try the traverfsr at the firft term at
which he pleads. This has been fully proved.
As the Respondent long preiided in the crimina!
court OF Maryland, with honor TO himielf and
great ufefulnefs to his country. it was quite
natural for him to follow the like practice in
Virginia.
II has been objected that the judge rnifcon-
ducfed hi;nfelf towards the council during the
trial OF Calender i'm various inltances, which it
has been areued proceeded from deiire To con-
vie and piniih the Traveller, however innocent.
will obfsrye with great Difference, that If in
the opinion of fome gentlemen the judge did
not act with becoming pol,erefs 20 the counfe',
it is not high crime or m;idemcanor, that may
be examined or tried in this hon. court. But
truf upona review ofthe circumfancss "a they
have been sivenin evidence, that this court will
be of ooinion tina, the refpondsn: behaved to the
counfr with efficient proprieiy. One of the
counfeb Mr.. Writ, offered to the court fyllo-
GIN, tn which the hon. Judge promptly repI-
ed in a technical phrsie ofiogic, and this excited
in the audience fome diverGon. When another
of the couhfel, MIR. Nicholas, was fpcaking on
the favorte tonic of the right of the Jury to con-
fIder thu cordttutionality of the fedition law, he
was not Interrupted By the judge. Eut iir. Nj
choias has helm proved To have been always civil
always retpedfui to court OF iuitice COME
quently the cour, would be civil to him. A
third council Mr.. Hay, who was extremely de-
firaiiS ~ he ts hinifrif iciiie,i, 10 make IN o.
ration, not oily for the purpoie of fatisfying
the jury but the audience, that a jury had
right to judge of the conftitntionality OF the
fedition law. was interrupted by the Judge,
who denied lis petition. MIR. Hay had ftatcei
other matters during the trial which appeared
that a jury inths cafe of Calender, was the
proper tribunal 20 afTefs the fine, in which
he had been corrected by the court that
one of the juros. Mr.. BafIe., was not qualified
TO ierve, &c. His zeal in the caufe of liberty
and the conitisuion, made him pertinac;ous
IN fome .hlrGs WHICH the Judge pronounced 10
be errors. 1t wasno wonder then that fuch an
advocate was Popped and often interrupted by
the court. Ifany thing was done amiis by the
judge during the trial, it was his dcfring Mr..
Hay to proceed in his own way, ard promiiire
TO Interrupt him no more LET him FAY what he
would: but this circuTpttance plainly evinces
that the interruptions did not arife from corrupt
motives. 1t may truly be faid that Judge Chafe,
IN his behaviour 70 council, was " all things 20
all men," To the Logical Mr.. Writ, he was To-
eical tothe polite MIR. Nicholas, he was po-
lite to the Jealous and pertinacious MIR. Hay,
Fad condGSted thehtefves with proorety , C..
wards the court, there would have been no in
tennptions but when the Judge found that
the opinions of the bench were lighted, and
that the conduct of the bar had tendency TO
miiiead and influence the public mind asarit a
ftatute of Congrefs, he endeavoured to turn
their fent'inents and reafopipg into ridicule,
and ne produced by his wit a confederate de-
gree OF merIment at their expence, of which no
doubt Col. John Taylor, who has proved it for
the profecutors, was, from his natural temper.
full partaker.
Mr.. Preiident, II is now very late Lo,r. G.
will bring my obfervstious to clofe. The ar
t'cles relative TO Fries and Calender have been
fully Investigated there is neither uncertainty
or doubt as to the facts. flatter myfelf that
it has been fhewn that thofe charges have not
been fupported by the evidence, and that the
impeachment has proceeded from miinforna-
ton. If the hon. Houfe of Representatives
had known as much as has been difcIofed TO this
hon. court, they would not have deemed il ne.
ceiiaryto have brought forward an impeacb-
ment. All muf now he fatished that The ipfor-
nation on which the articles are grounded has
been derived from milf AIKEN fources both in re-
gard TO facta law. An aggregate BODY can
not be better guarded againit miiinformaton
than an individual: and am induced 70 be-
lieve from the known integrity and virtue ofthe
ho,ne of representatives, they will hear with IA
tisfaciion, that the evidence which thew receiv
ed was rosthe fame which has been delivered
before This hon. court, and that they will
take plfaiure in the acquttal Of the refpon-
dent.
You are now ahon' 10 e. an example in A cafe
OF impeachment which will have moGt impor-
taut influence in our country. 1t will be an ex-
ample to the tribunals in the feveral nates who
like you poAcfs the power oftrying impeach-
mentc, and Who may learn from you bywhat
rulesthe doctrine of impeachment is TO be regu-
lated II viii bea polar far to guide in prof.
cutions Of this kind. You are about 10 tet an
example TO the ordinary tribunals of iuGice in
every corner Of the United States. They will
know how this high court has done uaice be-
tween the H0ufe OF Representatives ofthe Anne
rican nation and Gnole infIivijuaI and b.,,.a