The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-19


ms case without si,ig evidence In his he
halt he thus prcjudiced the minds of the
iJnry against Fries and i'll effect deprived him
OF that right cftrial by an impartial Jury
winch the constitution of his country had
guaranteed to him.
ms Judge denied the able counsel of Fries.
the right OF citing such English authorities
ana suCn American statutes as they deemed
applicable to their clients case, and essential
to his defence. He denied to them, the riynt
OF addressing the jury as we'll on the law, as
on .re TACT which were to determine the guilt
OF innocence OF the accused. Thus were thu
counsel OF Fries driven from his defence
thus was he left to rest on the mercy of =
court who had prejudged his case--thas was
ne convicted by a jury without bearing hard
~ ms aetence-a jury, too, who had been
preluolced against him by a written opinion
OF the court. Suppose, sir, that such a case
as this should be stated to a man who nosSss-
ses common understanding and common pro-
olty, what think you, would be his opin;on IS
sueh conduct in ajudge? Would he not saw
that he was more deserving of punishment
than even deliberate murderer, WonJd
ne not say that such Judge had Frustrated
nus functions tothe purposes of judicial ven.
geance Would he not abhor the charac
ter OF this Judge more than that of midnight
assassin Would he not deplore the s;tna
tect even the hunblest individual from the
frowns and prosecutions of judicial tyranny
w QUIZ he not believe, that,,if there was anv
emng IKE Justicein that country, tho wretch
who had thus disgraced the bench-wmId
be hurled headlong from mis- seat and his mon
s.rous iniquities punished Yet for offences
IKE these judge Chase was ho,ourabiv ac-
gattted Let us pursue that Judge one step
iarrher-He came to this city, in which we
tIror
trial of Calender, a man accused of thu v;o-
laton OF law odious and Unconstitutional
What was his condact here did he eviDceDe
n'tence tor las former crimes Did he at
tempt to conceal his former sins bv covering
them with mass ofvirtuous actions! No. Sir
he pursued the same highly oppressive & arbi
erary measures which he had before adoy,t-
cd he drove eminent counse. from the de
fence OF Caliender--he manifested an indie
cent, hshonourable solicitude for the con-
Vlction OF the accused--he established new
principles of evidence never before heard Of
and Calender was convicted Yet sir was
Judge Chase honourabiy acquitted by th.
Senate OF the United States Follow tbis.r
important character one step further Sir
IN another state we find him ascending. thu.
bench and delivering violent and inf,amato.
~ political harangues--we saw him convert
inc J~dSmens scar into rostrun, and de-
low level OF political partizan--we saw
nm avail himself Of his high Office TO dissem
mate his own creed and to excite that very
CRIME, (the CRIME of sedition) which on ano.
ther occasion, he had succeeded in furnish.
kH5S Yet for oil these offences he was no.
'1onrd6iy acquitted. Since the result of tbis
impeachment has been known in the United
states, 1t has been thought idle and childish
IN the e%teme to talk of the power of I'M
r hr11a II,
ed that the commission of high crimes and
mlsdemeanours, will not ALWAYS bring down
punishment on judge have believed that
the strong ties of responsibility, which bind
down other officers of our government. are
mere ropes OF sand to our iudges-I have be-
lleved, that our Constitution does not take
from them indefinite independence, or guard
against the exercise of arbitrary power. Is
there any appropriated man in the United
otates, VINO VIII declare conscientiously that
ne believes Judge Chase perfectly innocent
OF every charge against him not one. IF
Then, sir, he was guilty, and at the same
tirne honourabW acquitted; what are we to
1hihA OF our Constitution recollect TO have
seen somewhere, an account of the impeach-
nlent OF Warren Hastings i'll England re-
member to have seen that he was accused
ofthe =" Murder of Princes and the pjunder
OF Elnpwes." The accusation was support
w ~ SFidehCc-tnc prosecution was upheld
oy the resistles eloquence of Edmund Burke.
And, Sir, to the disgrace of the Justice of
tnat country, Hastings was acquittcd-As.
SIR should be the last man on earth to saw
that Warren Hastings was no offender. be-
cause he was Gcguitted-so / should be the
last to say that Chase was an innocent. per.
secuted man, because he escaped punishment.
Ills acquittal was no evidence Of his i,no-
ce.lce; out, IT wat strong proof of the defects
Of our Constitution
l presume, then, Mr.. Chairman. that a
Judge may, in the United States be guilty. OF
high offences against his country and escape
impeachment with IMMUNITY, under the O.
peration Of our Constitution as ft non,
StanaS. But, may not a Judge be guilty of
highly reprehensible and injurious conduct.
not even be fmfeacha5Ie under this Constitu
ton To illustrate my ideas on this sub
lect, will suppose case, which the mem
oers OF this committee, if they please, NAV
consider as fiction, but, which presents To
my mind, the sad features of reality win
suppose that an individual, in the United
states, possessed Of clear and unclouded
mind, celebrated for his great legal attain
ments, and the wide range ofllis political in
formation, has been, undera former admin
lstration, appointed to the highest judicial
oihce i'll the United States. / will suppose.
that he had abandoned his former opinions
and principles, that he had abandoned his