The Answer and Pleas of Samuel Chase, One of the Associate Justices of the Supreme Court of the United States: To the Articles of Impeachment, Exhibited Against Him in the Senate, by the House of Representatives of the United States, in Support of Their Impeachment Against Him, for High Crimes and Misdemeanors, Supposed to Have Been by Him CommittedA. March, 1805 - 72 sidor |
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Sida 21
... imprisonment ; but a combination or confpir acy with intent to prevent the execution of a law , or with intent to raise an infurrection for that purpose , or even with intent to commit treason , is not treafon by " le- vying war ...
... imprisonment ; but a combination or confpir acy with intent to prevent the execution of a law , or with intent to raise an infurrection for that purpose , or even with intent to commit treason , is not treafon by " le- vying war ...
Sida 26
... imprisonment , not exceeding two years : " and " that if any perfon fhall be profecut ed under this act , it fhall be lawful for him to give in evi dence in his defence , the truth of the matter contain- ed in the publication charged as ...
... imprisonment , not exceeding two years : " and " that if any perfon fhall be profecut ed under this act , it fhall be lawful for him to give in evi dence in his defence , the truth of the matter contain- ed in the publication charged as ...
Sida 33
... imprisonment were to be fixed , as a conviction upon all the twenty charges . The imprisonment could not exceed two years , nor the fine be more than two thoufand dollars . If then this refpondent were defirous of procuring the ...
... imprisonment were to be fixed , as a conviction upon all the twenty charges . The imprisonment could not exceed two years , nor the fine be more than two thoufand dollars . If then this refpondent were defirous of procuring the ...
Sida 34
... imprisonment , instead of two years . And this refpondent avers , that he never felt or expreffed a wish to go further ; but that in this decifion , as well as in every other given in the courfe of the trial , he fully and freely ...
... imprisonment , instead of two years . And this refpondent avers , that he never felt or expreffed a wish to go further ; but that in this decifion , as well as in every other given in the courfe of the trial , he fully and freely ...
Sida 49
... imprison the traverfer , to the whole extent allowed by the law . If the truth of these three charges , admitting it to be established , could have any effect in mitigating the punishment , which de- pended on the court and not on the ...
... imprison the traverfer , to the whole extent allowed by the law . If the truth of these three charges , admitting it to be established , could have any effect in mitigating the punishment , which de- pended on the court and not on the ...
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accufed act of Congrefs Adams addrefs admits affociate juftices aforefaid againſt the United Alexander James Dallas alfo anfwer arifing article is alledged article of impeachment cafe caufe circuit court conduct confequently confideration confidered confifts conftitution conviction Cyrus Griffin decifions defence delivered difcharged diftrict judge duty error eſtabliſhed evidence expreffed faid Callender faid John Fries fame fecurity fedition law fhall fhew fhould folemn fome ftate ftatutes fubject fubmit fuch fufficient fuppofed fupport fupreme court fyftem grand jury high crime himſelf honorable court impriſonment improper indictment intent intereft itſelf John Taylor judge Griffin juror law of Virginia lefs libel manifeft ment mentioned miſdemeanor moft moſt muft muſt obfervations offence opinion paffed party Pennfylvania perfon petit jury prefentment Prefident prifoner procure proper proved publiſhed punished purpoſe queftion queſtion of law reafons refpect refpondent Richard Peters SAMUEL CHASE ſtate teftimony thefe themſelves theſe thofe thoſe tion traverfer unleſs whofe witneffes witneſs
Populära avsnitt
Sida 26 - That if any person shall be prosecuted under this act, for the writing or publishing any libel aforesaid, it shall be lawful for the defendant, upon the trial of the cause, to give in evidence in his defence, the truth of the matter contained in the publication charged as a libel. And the jury who shall try the cause, shall have a right to determine the law and the fact, under the direction of the court, as in other cases.
Sida 23 - ... privilege of addressing the jury (through his counsel) on the law, as well as on the fact, which was to determine his guilt or Innocence, and at the same time endeavoring to wrest from the jury their indisputable right to hear argument and determine upon the question of law, as well as the question of fact, involved in the verdict which they were required to give.
Sida 32 - Chase to be given in, on pretense that the said •witness could not prove the truth of the whole of one of the charges, contained in the indictment, although the said charge embraced more than one fact.
Sida 17 - ... to the direction and control of the court, as to their conduct in its presence, and in conducting the defence of criminals on trial before it. As counsel, they owe to the person accused, diligence, fidelity, and secrecy, and to the court and jury, due and correct information, according to the best of their knowledge and ability, on every matter of law which they attempt to adduce in argument. The court, on the other hand, hath power, and is bound in duty, to decide and direct what evidence, whether...
Sida 12 - ... the laws of the land. He well knows that it is the right of juries in criminal cases, to give a general verdict of acquittal, which cannot be set aside on account of its being contrary to law, and that hence results the power of juries to decide on the laws as well as on the facts, in all criminal cases.
Sida 64 - States by delivering opinions which, even if the judicial authority were competent to their expression on a suitable occasion and in a proper manner, were at that time, and as delivered by him, highly indecent, extrajudicial, and tending to prostitute the high judicial character with which he was invested to the low purpose of an electioneering partisan.
Sida 20 - Congress was wholly irrelevant to the issue, in the trial' of John Fries, and therefore ought not to have been read to the jury, or regarded by them. This opinion may be erroneous, but he trusts that the following reasons on which it was founded will be considered by this honorable court as sufficiently strong to render it possible, and even probable, that such an opinion might be sincerely held and honestly expressed : 1.
Sida 15 - Slates, for the purpose of resisting or preventing by force or violence, under any pretence whatever, the execution of any statute of the United States, for levying or collecting taxes, or for any other object of a general or national concern, is levying war against the United States, within the contemplation and true meaning of the Constitution of the United States...
Sida 35 - ... the party's innocence ; and he cannot be innocent, if the accusation against him be supported in part. Where the matter of defence may be given in evidence, without being formally pleaded, the same rules prevail. The defence must be of the same nature, and equally complete, in one case as in the other. The only difference is in the manner of bringing it forward. Evidence, therefore, which goes only to justify the charge in part, cannot be received. It is not indeed necessary, that the whole of...
Sida 6 - ... prisoner was conducted by very able counsel, one of whom, William Lewis, Esq., is the same person who appeared as counsel for John Fries, in the trial now under consideration. Neither that learned gentleman, nor his able colleague, then thought proper to raise the question of law, "whether resisting...