Having distinguished himself as an American Lord Clare in the case of Cooper, Chase proceeded southward, boasting along the way that he ‘would teach the lawyers in Virginia the difference between liberty and licentiousness of the press.’ He was going to try James Thomas Callender for sedition on an indictment based on his pamphlet, ‘The Prospect Before Us.’ This unsavory creature was hated quite as much for the truths he told as for the lies he circulated, and there was nothing in the section of his pamphlet on which he was indicted to shock any one to-day. It was an attack on Adams in connection with the French war hysteria, the navy, the army, the Robbins case. The only phrase that startles one to-day is the reference to the hands of Adams ‘reeking with the blood of the poor friendless Connecticut sailor.’[1556] The scenes in the little Richmond courtroom were scandalous to excess. It was understood that Chase had instructed the marshal ‘not to put any of those creatures called Democrats on the jury,’ and his boasts concerning Virginia lawyers had preceded him. The most brazen tyranny presided in the case of Callender, and the lawlessness of the Judge was more threatening than the licentiousness of the culprit. It was a political inquisition, not a trial. The courtroom was thronged. The case was the sole topic of conversation in the streets and taverns. The Democrats had no misapprehensions of the nature of the trial, and three extraordinarily able lawyers were there for the defense—John Hay, who was afterwards to prosecute Burr, Nicholas, and William Wirt, already well advanced toward that professional eminence which he so long enjoyed. There was a dignity and courage in the aspect of these three men that Chase could only interpret as a challenge. He had made his boasts. He would teach these Virginia lawyers—and there was nothing apologetic or fawning in the manner of Hay, Nicholas, or Wirt. The fact that neither was there anything of insolence made matters worse. Feeling himself on the defensive, Chase sought to conceal his embarrassment in the brutality of his conduct.
The shameful story of that travesty of a trial has been often told, and it played a part in the impeachment proceedings against Chase a little later. He stormed, fumed, spluttered, and injected Federalist stump speeches into the ludicrous proceedings. He refused the defense permission to ask a prospective juror if he had formed and expressed an opinion on the Callender pamphlet. ‘The question is improper and you shall not ask it,’ he thundered. When John Taylor of Caroline was put on the witness stand, Chase nervously demanded what the defense intended to prove by the witness. He was told. ‘Put the question in writing and submit it to me,’ he demanded. But why, asked Nicholas, when nothing of the sort is required in questioning witnesses for the prosecution? ‘It’s the proper procedure,’ fumed the Court. Keeping a firm rein on both his temper and his contempt for the Court, Nicholas submitted three questions in writing. One glance, and Chase ruled them out. The Virginia lawyers showed their amazement. Even Chase could see it. ‘My country has made me a Judge,’ he shouted, ‘and you must be governed now by my opinion.’
William Wirt rose to submit an argument on the admissibility of the evidence. He began with observations on the embarrassments of the defense because Callender had been ‘presented, indicted, arrested, and tried during this term and had not been able to procure testimony essential to a proper defense.’ He even hinted at the precipitancy of the Court.
‘You must not reflect on the Court,’ shouted Chase.
‘I am prevented from explaining to you [the jury] the causes which have conspired to weaken our defense, and it is no doubt right that I should be prevented, as the Court has so decided.’
Chase saw at once that he was not going to care much for this ‘young man,’ as he contemptuously called him repeatedly. Wirt proceeded to an attack on the constitutionality of the Sedition Law.
‘Take your seat, sir,’ stormed the livid-faced Chase. ‘Ever since I came into Virginia I have understood that sort of thing would be urged, and I have deliberated on it.’ Whereupon he produced a long manuscript and prepared to read. ‘Hear my words,’ he admonished, glaring around the courtroom. ‘I wish the world to know them—my opinion is the result of mature reflection.’
Wirt undertook to argue the point—Chase gesticulated, stormed, insulted—and William Wirt folded his papers, and resuming his seat declined to continue. Hay took up the argument, to be met constantly with barking interruptions, until he, too, in sheer disgust, folded his papers and sat down.
‘Please to proceed,’ urged Chase, wondering perhaps if he had gone too far with these Virginia lawyers, ‘and be assured that you will not be interrupted by me, say what you will.’ Hay refused to continue the farce.
Thus, throughout, the mobbing of Callender and his attorneys went on. The result was conviction and a jail sentence.[1557]