rds went to South Carolina where he became Professor
at her college, and a famous nullifier in 1830.[159]
[Footnote 159: Wharton, 659.]
4. In 1799, or 1800, Mr. Callender, a native of England, then residing
at Richmond, in Virginia--a base and mean fellow, as his whole history
proved, depraved in morals and malignant in temper--published a
pamphlet called "The Prospect before us," full of the common abuse of
Mr. Adams and his administration. He was indicted for a false,
malicious, and seditious libel, and brought to trial before Judge
Chase who pressed the Sedition Law with inquisitorial energy and
executed it with intolerant rigor.[160] As he started for Richmond to
hold the trial, he declared "he would teach the lawyers in Virginia
the difference between the liberty and the licentiousness of the
press." He told the marshal "not to put any of those creatures called
Democrats on the jury,"--it does not appear that he had his own
Brother-in-Law on it however;--"he likened himself to a schoolmaster
who was to turn the unruly boys of the Virginia courts over his knee
and give them a little wholesome chastisement."
[Footnote 160: Wharton, 45, 688; Chase's Trial, 33; 4 Jefferson, 445,
447.]
Some of the ablest lawyers in Virginia were engaged for the defence.
But they could not secure any decent regard to the common forms of
law, or to the claims of justice. He would not grant the delay always
usual in such cases, and indispensable to the defence. He refused to
allow the defendants' counsel to examine their most important witness,
and allowed them to put none but written questions approved of by him!
The defendant was not allowed to prove the truth of any statements,
alleged to be libellous, by establishing the truth of one part through
one witness and of another through a different one. He would not allow
him to argue to the jury that the law was unconstitutional. "We all
know that juries have the right to decide the law as well as the fact,
and the Constitution is the Supreme law of the land." "Then," said
Mr. Wirt, "since the jury have a right to consider the law, and since
the Constitution is law, it is certainly syllogistic that the jury
have a right to consider the Constitution;" and the judge exclaimed,
"a _non sequitur_, Sir!" "Sit down, Sir!" Mr. Wirt sat down. The judge
declared "a right is given to the jury to determine what the law is in
the case before them, and not to decide whether a statute is a law or
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