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V o L , I, REPORT. ^ftlclis exhihiiid hy iht houfe oj Teprefeniaitves of the United States^ in the name of themfelves and of all the people of the United Statest a- - Samuel Cbafe^ one of the ajjociate Juf- tjces of the fupreme court o f the Untied States^ in maintenance andfupport of their impeachment ogainjl himy for.high crimes and mifdemean^ ors, V ; ARTICLE^ I* ' 'ThatjUtioiindfu! tff the foleom duties of his ' office) and contrarjr ttr the facted ,o|)ligaiUon by which'he ftood hound to '^^difcharge them « faithful] y and impartially, and ret* pe6b to perfong,” the laid Salmuel Chafe, on tfic trial of John Tries charged \rhith high, treafon, before the circuit court of the Uni ted States, held for th'evdiilri£% Pennfylva- nia, in the city of Phlladelplila, during the months of April and May, one thoufand eight hundred, whereat-*'the faid Samual Chafe prehded, did in his judicial capacity, coiidu^ himfelf in a manner-highly arbitrary, , oppreffive and unjuft viz;— I* In delivering an opinion, in writing, on the queftion of law, on the conftruflion of which the defence of the accufed materially depended, tendingtoprejudice themindsof thd Jury againft the cafe of the faid JohnFrics,the! prifoner, before counfel had been heard in Lis defence ; * -* 2. In reftri£Iing the council for the faid Fries from recurring to fuch Englilh author ities as they believed appofite, or froin cit- iEg_ certain ftatues of the United States, which they deemed ilhiftrative of the pofitions upon which they intended to reft the defence of their client: - . ’ 3. In debarring the prifoner from his CO|i- ftitutional privilege of-addreffing ithc jury (through his counfel) on the law, as well as on the fa£I, which was to determine his guilt, or innocence, and at. the ianfe time endeav ouring to wreft from'the jury their indifpufv bic right to hear argument, and determine upon the queftion of law, as well , as on the queftion of fa^f, involved hii the vifdip which the^y were 4 ’eqk,iTed to.give: \ * 111 confcquence of which irregular condudf of' the. faid Samuel Chafe, as dangerous to oiir liberties, as it is novel to our laws and ufuages, the. faid John Fries was deprived of the right, fccufed 'to him by the S th a r tJ cle amendatory of the conftitution, and was condemned to death without having been heard, by counfel, in his defence, to the dif^ grace of the chara<^er of the American Bench, in manifeft violation of law and juftice, and in open contempt of the rights of juries, on which, ultimately, reft the liberty and fafety of the'American people. ARTICLE lu That prompted by a fimilar fpifltof perfe- cutioh and injuftice, at a circuit court of the United States, held at Richmondi in the ;monih of May, dne thoufand eight hundred, for the d iftri^ of Virginia, whereat the faid Samuel Chafe prefided, and before which a certain James Thompfon Callender was ar raigned for a libel on John Adams, then pre- fidenr, of the United States, the faid Sam uel Chafe, with iritent to opprefs, and pro cure the conviftion of the f^d Callender, did ^ver-rulethe obje<£Iion of John Baflet, one of the jury, who wifhed to be excufed from ferv- ing on the faid trial, because he had made up his mind, as to the publication from which the wordS] charged to be libellous in the in- diflment, were extrafted; and the faid Baf- fet was accordingly fworn, and did ferve on he Jury, by whofe, virdi^ik the prifoher was fubfequently convi£led. . ARTICLE III. I That, with intent to opprefs and procure ^c* convifHoh of the prifoner, the evidence of John Taylor a meterial witnefs on behalf of the aforefaid Callender, was not permit ted by the faid Samual Chafe to be.given in, on pretence that the faid witnefs could not prove the truth of the whole of one of the charges, contained in the indi^ment, al though the faid charge embraced more than onefa£k. ARTICLE IV. That the condudi-of the faid Bamuel Chafe was marked during the whole courfe of the faid trial, by manifeft injuftice, partiality and intemperance 1 viz. I. in compelling the prifpner’s counfel to reduce to writing, and fubmit to the infpec- txon of the court for their admiffion, or re- - - - _____ I_ ' -1 I n » ’ r I i_ I I - -n CATSKILL (N ew -Y ork ) published pt MACKAY CRObWElXi M o )si D A Ty Becemhetr 24 , 1804 . tion the name of this perfon, but it becomes your dutyr gentlemen, to enquire diligently into his matter,” or woids to that effe£k: and that with intention to procure the profccution of the printer io queftion, the faid Samuel Chafe did, n»oreover, authoritatively enjoin on the diftridk attorney of the United States the neceffity of procuring a file of the papers to which he alluded, (and which were under- ftood to be thefc publiffisd under the title of Mirror of the Times and General Adverti- fer,”) and, by a ilriO; examination of them to fiiityome paliagew'hich aught furnifli the ground work of a prOfecuribmSg^failf^, the printer of the faid paper ; thereby 3 tgra^ng^ his high jndmial fun£kioi1s> and tending, to impair the public copfidenco,' in, and' refpe^' for, the tribunal of j uftieufo effential to the\ general welfare. - ARTICLE VIII. And whereas mutual refpcbl'and confideijcc between the government of the United States and thofe of the individual ftaies, and be tween the people and thofe govefnrrtents re- fpedlipely are highly conducive to that public harmony,' without which there can be no public happinefs, yet the faid Samuel Chafe, difre^rejmg. the duties and. dignity of his ju dicial character, did, at a circui;^ court for the ..diftria of Maryland, held at Baltimore ip the Inbnth ofMay, one thoufand eight bundredraod three, pervCrt this official right and duty to addtefs the grand jury than and there affis^bled, on the matters coming with in theiprovince of the faid jury, for the pur- pofebf deuvering to the faid grand jury an in- tcmperatel&'irtflammatofy political harangue, with intent to excite the fears & refen tment of the faid gi|nd j ury,:and of the good people pf M a ryia^ agrinft, their ftate-gpyernment, andjGonftit^on, a condu£l highly cenfurable in4ny; but|peculiarly indecent and unbteom- ingiin a jujjge of the fupreme court of the United States; and ^ moreover that the faid Samuel Ch^e, then and there, under pre at thJ-coutt rforc5id;:award a7apiM | judicial fight to ad, the Udy of James ThototSba cliien.. the - fai 4 gt|nd-jwji. a^ aforefaid, tlid-, deti‘:iftifa«d ro> aa offence; not capitalJendeavow whereupon the faid Callender was sTrrefted and comniitted to ciofe cuftody, contrary to law in that cafe made and provided. ARTICLE VI. And whereas is provided by the 24th feflionof the aforefaid ad,intitutled « An to eftabiiffi the judicial courts of the United States,” that the laws of the feveral ftates, except where the conftitution, treaties, or ftatutes of the United States fhall otherwife require or provide, fhall be regarded as the rules of decifion in trials at common law, in the courts of the United States, itt cafes where they apply i 'and whereas by. the laws.pf Vir ginia it is provided, that in cafes not capital, the offender fhall not be held to anfwer any prefentment of a^grahd jury until the court next fuGceeding that during which fuch pre fentment fhall have been made, yet the faid Samuel Chafe, with intent to opprefs and procure the conviaibn of the faid- James Thompfon Callender, did, at the court afore- faid, rule and adjudge the faid.Cal{endcr, to trial during the term at which he, the faid Callender, was prefented and indillcd, con trary to law in that cafe made and provi ded. ' ^ r . ARTICLE VIlt“ je£Hon, all queftions which the faid coun- fel meant to propound to the above named John Taylor the witnefs. 2. In refufing to poftpone the ^frial, al though an affidavit was rcgiilarly filed,' dat ing the kbfence of material witnefTes on be half of the accufed : and although It was man ifeft, that with the .utmoft dilligerice, the at tendance of fuch witneffes could not have been procured at that term. 3. In the ufe of unufual, rude and cbn- temptuduA- expreffions towards the prifaueris coupfi^f‘'and,ia ialfcly infinuateing that they wifhed to excite the public fears and indig- b'ljLtidni and to produce that infubordination td lawi to wffich the cdndu£l of the Judge did, at the fame time manifeftly tend., , . 54. In repeated and vexatious interruptions of the faid counfel,\ on the part o f »the faid judge, which at length, induced them td a- bandon their caufe, apd their client, who waL thereupon convi£ked, and condemned to fine and imprifonment. j|. In an indecent folidtiide, raanifefted by the faid Samuel Chafe, for the convi£lion of the accufed^ unbecoming even a public profecutor, but highly difgraceful to the jcharadler, of a judge, as it was fubverfive of juftice. ARTICLE V. And whereas it is provided by a£k'Of Congirefs, paffed on the 24th day 01“^ ptem- beriySp, intituled « An a£l toeftabliih the judicial courts of the United States,” that fotf any crime or offence againft the United States, the offender may. be arrefted,. impri- foued dr bailed according to the pfual mode of prodefs in the ftate, where fuch offender may be found: and whereas\ it is provided by the l|ws of Virginia,wthat upon prefentment by any grand j ury^ of an offence ^ot capital, the court fhall or^cr the,clerk toiffiie a fum- monj^agaiiift the p$,rfati or perfons offending, to amear and anfwerTueh prefentnient afthe next court; yet ‘ tbe.j, faid\ S.amud' Chafe didj kindly pajdODSd by lfe Houf?. M,-, Speak- er read. memorial: it was very long and very tediaiS. What rendered it tedioua was the Speak|r’s:viir|r bad reading.” Then khow- eft What |>rt of a noife a horfe with ioofe iad- dlebagiiol will make when he hard galip- petli. I . ^ grieved at this failing of friend Macon s, p r he is a very good man, and a ve ry .impartin onan, as a Speaker cf the Houfe. Friend BcAley* the cle»k, fpeaketh very loud, but witfio^^ apy modulation of harmony, yet I him. Jt - doth not appea.r ta that 'That, at a circuit court of the United States, for the diftria: of Delaware, held at New- Gsitle, ill the month of June, one thoufand eight hundred, whereat the faid Samuel Chafe prefided the faid Samuel Chafe, difre- garffing the duties of his office, did defeend frorh the dignity of a judge and ftoop to the level of an informer, by refufing to difeharge thegrand jury, although entreated by fcvc- raltif the faid jury fo to do ; and after the faid grand jury had regularly declared, through their foreman, that they had found no biils of indiftraent nor had any prefent- ments to make, by obferving to the faid grand jury, that he, the faid Samuel Chafe, under- ftood, ««that a highly feditious temper had manifefted itfclf in the ftate of Delaware, a- roong a certain clafs of people, particularly in Ncw-Caftle county, and more efpecially in the town of-Wilmington; where lived a moft feditious printer, unreftrained, by any prin« ciple of virtue, and regardlefs' of focial order, that ■ the name of this printer was.”—bat checked himfelf, as if fcnfiblc of the inde corum which he vvas committig, added--^ ** that it might be affu.ming too much to men- to exciteithc odium of the faid grand jury, and of thp good people of Maryland againft the government of the United States, by de livering cpinions, which, even if the judicial authorijy were competent to their expreffions, on a Mtablc occafion and in a proper man ner, wdre at that time and as delivered by him, t o l y indecent, extra-judicial and tending tJ proftitute the high judicial charac ter with which he was invefted to the low purpofe g : an ckdioneering partizan. And tie houfe of reprefentatives, b) pro- teftatibn, faving tq themfelves the liberty of exhibiting, at any tinie hereafter, any farther articles,; 1 1 Other accufation,. or impeach ment, tbe faid Sanjuel Chafe, and alfo of tepJtifig to his anfwers which he fliali make unt( the faid articles, or any of them, and of off iring proof to all and .every thea- forefaid jrticles ^and to all and every ipther article, impeachment, or accufation, which (hall Be effiibited by them, as the cafe fhall require, so demand that the faid Samuel C 14 fe niaTbe put to anfwer the faid crimes and mifd^eanors, and that fuch proceed ings, examinations, trialsand judgments may be thereuton had and given, as are agreeable to law-anil juftice. In tfie fenate, a committee of five was ap- pointed to confider and report what rules ,WGre neceffafy for the government of that body, as a high court of impeachment, pending* the trial of Mr. Chafe j the committee appointed, conned ol Mt. Giles of Virginia, Mr. Bald- win of- OMrgia, Mf. Ifrael Smith of Ver- moot, Mr.fBrcckcnridge of Kentucky, and of Mr. tone, N, Carolina. ' “ AurorUi FRall THE PHILADELPHIA GAZETTE. ^WASHINGTQN, Dec. 3. F r J end R elf , . . V 'Fhjs morning, in the Houfe pf Rep- refentattves, Mr. Nicfiolfon prefented a me- morial from the inhabitants of -Louifiana, figned by Upwards of two thoufand heads of fainilies.. Friend Nicholfon made an obfer- vation, that he' was authorifed to fay, 'that that the; memorial, which. hath been pub- lifhcd *rri fundry papers ^he laft .fall, i s not ah» authentic one, and he further obferved, that it 0^8 wifhed, that if the inemoiial con tained aiy expreffions, thr.: were too fervid, I or were improper, fucli cxprcfIi<_Tii might be vUnto you,” I fear^ was^a command th.at got out^.^of their mebiorV iaft winter, or they wotUi hare adnritted Louifiaiia . into the U- nion, as promifed ia the treaty.\ •Next,-a 7oung gentleman frorn'^irginia, {■Ramiolph,] who fayetfi a great deal tkriia very fmali Voice, broi forward the articks ot* impeachment againft Judge Chafe, whicli were referred to a committee of the whole 5 Jofeph.B.‘^Varnum in the chair. If Judge •Chafe fhould not be dragged from the bench, it will not be bscaufe there was too much juftice or mercy in the Houfe. When the hon was Tick in fiisd'en, the aft and th f ba- boon .were at its door, ready to taunt him With their impudence, find to devour him * Nicho)(bn and Randolph, .and that Smilie,* did their teeth ojtentimes & much, againft a man greater and better than ten of- all three of them. Uoft thou know Smilic ? He talketh:oftcn, b u t not fo cprreaiy as €>01’ Ch/iborne.- Smilic wanted fomething, and, not, know ingxvhat, he got up, and his hands trembled, and his knees; trenjbled, and his tongue trembled^ and he biafte-pnly three of thofe gram^tical blunders, which child ren are taught to cofrefil—only three, I fay, out of a whole dozen' Of words or more : he . faid, « There w many hie risers who w - p o t fiere .laft. feffion, there /jvbjany new mem- he|s.”^This^was .pretty cprrb^, for Smilie.j who made a motiod, fat do.wa.agaioy a«d finding it nothing to the purpofe dropt i t . ' There are iree things that make men trem ble, ficnef^ diffidence and guilt; yet Smilie looked wel as to heahh, and I never thought hirn a verr diffident man. I believe friend Smilie did not know what he wanted when he rofe. Eoft thou not remember that Friend Bayard once had occafion to congratulate Smilie did not know what he wanted when he fofe. Doft thou not remember that Friend Bayard once had occafion to congrate Smilie on his knowing what he faid, as appeared by Smilie’s explanation^' after ? Friend Smjlie might cut a j^ood figure driving fat oxen to market, biit he cuttetknpt a good figure. . - .J, , -P - Friend Nicholfon bothereth bufinefs fadjly. It would fave the nation a great ipariy pounds if he would ftay at home. He wanted a- mendmetits to the articles of impeachment, and Randolph mends his amendments; then all was re»mended and re-amended over and oyer. One democrat mended thus t on the trial and pekding the fame, or words fimilar, which (and^it was a great thing to be difeo- vered by a democrat) was found by another to benonfenfr^ The words [relating to Judge Chafe] Injuftice,' Partiality, and Intemper ance, were repeated twenty-feven times’ or more which feemed to give great fatisfa^iion. One of them, I believe the man that bothers fo,much| had an amendment that impeached the Judge of injuftice, partiality, and intem- pctaiice thr6^ his whole life 5 this amendment was mended by Randolph, who faid, and who faid it with A fmile that feemed freffifrom ow ofi the Dtner^ Worlds, that, whatever the 72 i 5 .anight haye Seen, he did not wiffi to go bAck to h i s p ^ lifer^then did Randolph (mile. Thou know - how death « grinned horribly a ghaftly fmie*^ when Satan told him hw fa mine ftould be ftopt, and fluffed his lUaW : thou canft cebjeaure how the old one fmiled when the uptlc wis fairly fwallowcd by Ere, -but thou dreameft not how dreadfully this Virginjan can fmire. The eight articles were not quite finiihed when the Houfe adjourned, About three o^clock, fo that we ffiall have more of this bufinefs tomorrow. Friend Elliot op- ”'3ffignrrit torrent, andfome. others of the Democrats who have underftaning and conkicncc, but in vain. The followers of Walhington; looked on with fbrrow and fi- Icnce. I want' to fay many things unto the^^, but fear the m.ail is already clofed. - . * Thin<^ .&c.. \ 1 \ *'>■ if- I.- i .
