Maryland Gazette April 1804

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new comedy, by Ja (lhatthe lubfcriber.rf , in the ftate of orphans court of A, letters of adnoitoJ on the perfonil db*«*| ne-Arundel county, « exhibit Vhe fame, ittj fubfcriber, at or beta] ft next, they mtyod»] mall benefit of tk Ml M!, this 14th ., Adminiftrator ce, that tbe~7ubfcrisff,| inty, in the (but of »M n the orphans M*'! Maryland, letters of* I il eftate of THOMj rundel county, decewM arainft the dectiW*! (tame, with the »oa*j| t or before the eigbw >ay otbenrifeby h« the faid
more » ... 8 Reward. ARTICLE I.. That, unmindful of the folcmn duties of his office, and contrary to the facred obligation by which he flood bound to difcharge them " faithfully and impartially, and without refpeft to perf»n»," the faid Samuel Chafe, on the trial of John Fries, charged with treafon, before the circuit court of the United States, held, for the diftrift of PennfylvtDia, in the city of Philadelphia, during the months of April and Miiy, one thoufand eight hundred, whereat the faid Samuel Chafe prcfided, did, in his judicial capacity, condua himfelf in a manner highly arbitrary, opprcffivr, and inijuft ; vii: I. In delivering an opinion in writing, on the queftion of law, on the conftniftion of which the defence of the accufcd -naterially depended, tending to prejudice the minds of the jury againfY the cafe of the faid John Friet, the ' prifbncr, before council had been "heard in his defence. '! if •Jr 3. In reftricting the council for the fcid Ft its from' -ARTICLE VII. recurring to fuch Englifh authorities as they believed And whereas mutual refpect and confidence beappofite, or fr6m citing certain ftatues of the United tween the government of the United Slates and thole 'States, which they deemed illuftrative of the pofitions of the individual dates, and between the people and upon which they intended to reft the defence of their thole governments, refpectively, are highly conducive client. to that public harmony, without which there can be 3. In debarring the prifoner from his conftitutkwat no pubHVhappinrfs, yet the faid Samuel Chafe, difprivilege of addrefling the jury (through his coi.nfel) regarding the duties and dignity of his judicial chatin the law,' as well as on 'the fact, whitli was to dcracier, did, at a circuit court, for the dillrict of Matermine his guilt, or innocence, and at the fame time ryland, held at Baltimore, in the month of May,^one endeavouring to wrcft from the jury their indifpulablc thoufand eight hundred and three, pervert his official right to hear argument, and determine upon the quefright and duty to addrefs the grand jury then and tion of law, as well as the ((ueftion of fact, inthere affembled, on the matters coming '--'-: -'vnlved in the verdict which they were required to give. ARTICLE II. f" That, in confeauence of this irregular conduct of the faid Samuel Cnafe, as dangerous to our liberties, as it is novel to our laws and ufages, the faid John Fries was deprived of the right, fccured to him by the eighth article amendatory of the conftitution, and was condemned to death without having been beard, by counfcl, in his defence, tp the difgrace of the character of the American bench, 'in manifeft violation of law and juftice, and in open contempt of the rights of juries, on which ultimately reft the liberty and fafety of the American people. ARTICLE I If. That, prompted hy a fimilar fpirit of .perfecution and in juflice, ai a circuit court of the United States, held at Richmond, in the month of May, 1800, for the dillrict of Virginia, whereat the faid Samuel Chafe prelided, and before which a certain James Thompfnn Callendar was arraigned for a libel on John Adams, then prelident of the United States, the faid Samuel Chafe, with intent to uppnfs, and procure the conviction of the faid Calendar, did over-rule the objection of John BafTct, one of the jury, who wifhed to be exi uleJ from fr.rving on the laid trial, becaufe he had made up his mini!, as to the publication from which the words, charged lo be libellous, in the indirtment, were extracted ; and the laid Baflet was accordingly (worn, aud did fcrvc on the faid jury. ARTICLE IV. That the evidence of John Taylor, a mateiial witnefs on behalf of the alorcfaid Callendar, was not permitted by the faid Samuel Chafe lo be given in, becaufe the faid witnefs could not prove the truth of the whole of one of thr. charges contained in ihe _. indictment, although the laid charge embraced more within the province of the faid jury, for the purpofe of delivering to the faid giand jury an intemperate and inflammatory political harangue, wiih inicnt to excite the fears and refentment of the faid grand jury, and ot the good people of Maryland againft their ftate government and conftituiion, a conduct highly cenfurable in any, but peculiarly indecent and unbecoming in a judge of ihe fupreme court of the United States : and moreover that the faid Samuel Chafe, then and there, under pretence of exerciling his judicial right to addrefs the faid grand jury, as aforefaid, did, in a manner highly unwarrantable, endeavour to excite the odium of the faid grand jury, and of the good people of Maryland againft the government of the United States, by delivering opinions, which, eyen if the judicial authority were competent to their expreflion, on a fuitable occafion and in a proper manner, were at that time and as deliver* ed by him, highly indecent, extra judicial and tending to proftitule the high judicial character with which he was invefted to the low purpofc ot an electioneering parti fan. And the houfe of reprefentativrs, by proteftation, fa"ing to themfelves the liberty of exhibiting at any time hereafter, any farther article* or other arciifation or impeachment againft the faid Samuel Chafe, and alfii ol replying to his anfwers which he (hall make unto the faid articles, or any of them, and offering proof to all and every the aforefaid articles, and to all and every other articles, impeachment, or accufalion, which (hall be exhibited by them, as the catlhall require, do demand that the faid Samuel Chafe may be put to anfwer the faid crimes aud mil", demeanors, aud that fuch proceedings, examinations, trials and judgments may be thereupon had and given, as are agreeable to law and jufticc. Both houfes of cnngrefs adjourned on Tucfday laft, until the firft Monday in November next.
doi:10.13016/m2zk55n4m fatcat:pkdadf3mxbfmlgxrygrsiiylwe