A Biography of the Signers of the Declaration of Independence, and of Washington and Patrick Henry: With an appendix, containing the Constitution of the United States, and other documentsJudson, L. Carroll (Levi Carroll)
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A Biography of the Signers of the Declaration of Independence, and of Washington and Patrick Henry: With an appendix, containing the Constitution of the United States, and other documents
Judson, L. Carroll (Levi Carroll)
Henry, Patrick, 1736-1799; United States. Declaration of Independence -- Signers; Washington, George, 1732-1799
called upon Judge Chase and thanked him for the impartial manner he had
treated him when on his trial. The whole matter was then considered,
as it undoubtedly was, a _ruse de guerre_ of ingenious counsel, and
no one attributed any bad motives to the bench. The approval of Judge
Peters at the time is a conclusive evidence that the course of Judge
Chase was not only pure in design, but that it was not in violation of
the strictest rules of judiciary proceedings. He had given an opinion
upon the _law_, not upon the _facts_ of the case. This he was bound to
explain to the grand jurors before they proceeded to find any bills,
and to the traverse jury that tried each prisoner. This constituted
the first charge in the impeachment. Shortly after, a man named
Callendar was tried before Judge Chase in Richmond, Virginia, under
the sedition law, for publishing a libel upon the president. During
the trial the judge refused the admission of testimony offered on the
part of the prisoner, as he believed illegally, and thereby greatly
offended those who were opposed to the law in question. He believed the
law salutary, as he did that which suppressed the tories and Quakers
in 1776; and believed the venality of the press required a check; many
others thought differently. The law, right or wrong, he was compelled
by his oath of office to execute so long as it remained in force. That
his _legal_ decisions were correct, must be presumed, or a writ of
error would have been taken under the existing excitement. This formed
the foundation of the second charge.
From Virginia he proceeded to New Castle, Delaware, where he held
a court aided by Judge Bedford. In his charge to the grand jurors,
presuming that cases under the unpopular sedition law might come before
them, he gave his views frankly upon it, and that they might better
understand what constituted a breach of its provisions, alluded to the
publications of a high toned party paper printed in the district, as
containing the kind of libels intended to be suppressed by it. This
gave great offence to those who were opposed to it. But the judge
only discharged a duty which he had sworn to perform. The personal
allusion may be considered by some uncourteous, but his object was
plain and simple demonstration for which he was always remarkable. No
ingenuity has or ever can fairly construe it into a pre-judgment of the
case. The publications were before him, they came clearly within the
meaning and intention of the law. He charged them upon no individual
specifically, but that some one had published them was beyond dispute,
and that they were in violation of the law in question, was to his mind
equally plain. This constituted the ground of the third article of the
impeachment.
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