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 Committed

A. March, 1805 - 72 páginas

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Página 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.
Página 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.
Página 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.
Página 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...
Página 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.
Página 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.
Página 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.
Página 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...
Página 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...
Página 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...

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