The Sages and Heroes of the American RevolutionJudson, L. Carroll (Levi Carroll)
History
The Sages and Heroes of the American Revolution
Judson, L. Carroll (Levi Carroll)
United States -- History -- Revolution, 1775-1783 -- Biography
From Richmond he proceeded to New Castle, Delaware, where he presided,
aided by Judge Bedford. In his charge to the grand jury he gave his
views frankly upon the Sedition Law that they might fully understand
what constituted a breach of its provisions, knowing that one or more
cases of its violation would come before them. As an illustration he
alluded to certain matter published in a high-toned party paper printed
in that district that violated the provisions of this law. This gave
great offence to the opposite party. The allusion to the paper was legal
under any circumstances by way of explanation but may be considered
uncourteous until we understand that it went immediately into the hands
of the grand jury as testimony which made it in all respects a
legitimate document to be alluded to by him. Ingenuity could not _then_
nor with its prolific growth could it _now_ construe the act into a
pre-judgment of the case. The publication was before him--he alluded to
_that_ but to no individual. It was clearly a violation of the meaning
and intent of the law--who published it was left for the jury to
determine if they could. This constituted the ground of the third
article of impeachment.
In delivering his charge to the grand jury in 1803, Judge Chase made
sundry remarks upon the polities of the day reflecting upon certain acts
of the democratic party. This was a surplusage of duty but not cause for
impeachment. It resulted from his sanguine temperament, the great
political excitement of that period--not from any impurity of motive. He
believed laws had been passed for party purposes that were
unconstitutional. If _he_ was in error then, his position has often been
verified since. Freedom of speech is a constitutional privilege--he used
the same liberty practised by his opponents and which was not then
trammelled by the obnoxious Sedition Law. It was not a proper time or
place to read a political lecture but it does not follow that his
designs were corrupt or his conduct criminal. The ermine of a judge is
not beautified by being powdered with the farina of politics--his right
to think and speak upon the subject none will question. If he speaks at
an improper time and place it is an error--not a crime. He animadverted
upon the change of the right of suffrage in the constitution of his own
state to which he had strong objections. With him many of the devoted
patriots of the revolution deemed the elective franchise unsafe with
ignorant men who did not fully comprehend and appreciate their rights.
The reasons for this opinion grow less as intelligence increases. In
some of the states a property qualification is still necessary to
entitle a man to vote and in others he must be a freeholder to entitle
him to hold certain town offices. An anxiety to preserve the government
pure unquestionably pervaded the bosom of Judge Chase.
Public-domain text, read in full here on John Shaqi.
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