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Domestic News May 4, 1804

Alexandria Daily Advertiser

Alexandria, Virginia

What is this article about?

Opinion piece in the Charleston Courier criticizes the impeachment of Judge Samuel Chase, claiming the publication of ex-parte evidence prejudices the trial, reflects political bias, and aims to undermine judicial independence.

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From the Charleston Courier.

There is one circumstance attending the impeachment of Judge Chase, which we will notice at present, viz. the publication of the documents accompanying the report of the committee appointed to enquire, &c. That precognitory evidence taken for the purpose of establishing a charge of misdemeanor, &c. may be ex-parte need not be questioned; but as this is in its nature partial, it should only be presumed to be truth before trial, for evidence must only be acknowledged truth, or proof, when it fails to be overthrown or set aside by emendatory or exculpatory evidence; and that such defeat hath been the result in some cases is well known; different perceptions and predispositions producing different testimonies concerning the same fact, aided by the distinction between 'telling the truth and telling the whole truth.' But the committee, or rather the house itself, have published this ex-parte testimony, whereby allegations or presumptions of proof pass for proof itself, and thereby appear not only to prejudicate but to deceive the people, by inducing them a priori to conclude that Judge Chase must be guilty.

If justice was their only object by punishing crimes and misdemeanors in the person of judge Chase, and that upon full probation or proof only, they certainly have taken a singular way of obtaining it; for they have unquestionably (as far as they could) anticipated the result without probation, and pledged themselves to the nation to find him guilty. If justice was their only object could they not have satisfied themselves with what evidence they had collected as authorizing them to substantiate a charge, and have let the report go before the house immediately (and not to retain it fourteen days on purpose to prevent its being acted upon this session) that the charge and documents might go before the senate, that the trial thus speedily had might be published, and that the whole truth might go to the public at once.

When these things are fully represented we believe the good sense of America will lead them to conclude, that there has been as little regard paid to justice and equity in this legislative cognizance, as there has been in that of the Judge who is now the subject of their scrutiny, and that they are identifying in themselves that very iniquity they are pretending to punish in him.

If after all the Judge should be found innocent—but alas! how can it be expected that he should be found innocent by those whose prejudice is so unambiguously displayed already?—personal political hatred has been too strongly indicated, and they are in pledge for the result.

It is very much to be feared that the punishment of Judge Chase is only the indication of a design to humiliate or prostrate that co-ordinate power, the judiciary. Indeed, we believe that nothing can now prevent their laying unhallowed hands upon that ark of our freedom, but the voice of the people, strongly expressed as was the displeasure of the God of Israel when his ark was touched by unhallowed hands in times of old, we speak not of the means, but of the effect of such displeasure; and Americans will consider those unhallowed who will attempt directly or indirectly, to render the judiciary dependent either on executive or legislative influence:--

The people must watch with jealousy the steps taken by either, that may lead to this result; for whenever fear can menace, or hope seduce the dispenser of justice, then is justice polluted at the fountain—the ark of our safety is touched by unhallowed hands, and America is no longer free.

Americans want only to know the truth and profit by it; they will soon find that truths are not exclusively found in the gazettes and publications of those who style themselves republicans.

QUIDAM.

What sub-type of article is it?

Politics Legal Or Court

What keywords are associated?

Judge Chase Impeachment Ex Parte Evidence Judicial Independence Political Bias

What entities or persons were involved?

Judge Chase

Where did it happen?

Charleston

Domestic News Details

Primary Location

Charleston

Key Persons

Judge Chase

Event Details

Criticism of the impeachment process against Judge Chase, highlighting the publication of ex-parte evidence as prejudicial and indicative of political motivations to undermine the judiciary.

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