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.... . OLL ECORDER VOL. I. CATSKiLL (N ew -Y ork ) pu b i . ish b d by li^A C K A Y CRObWELL. T M O N D A Ti January 14, 1 8 0 5 . iMo. 36. HOUSE OF REPRESENTATIVES. December 3, y f R . Nlcholfon prcfenfccAa. m erno- rial from the inhabitants q £ Lou- ifiana, faid to be fijgncd by 2000 * heads tjf families, which takes a v i ^ oFthela^s ofthe United States, for tfieir tCTritotiaL ^Vern- meat. He obferved that the thret^ gentle- men appointed frouLthat country had'reqtieft* cd him to Rate that the copy which appeared in onr papers in the coutfe of laft fum^ nfer was by ho means authentic^ ataiijr pralBms aa well as'ideas ufed | a i^^d9f^^ appear in this, and theref ahe^^ese^^lltow ideas ufed in this thsit a^^r^ npfe to Be found lii that. The tracilation that accompanies t|e^ French original, though correct, may contsm^ expreflions that the houfe will have to pardi^,^ afcriblng them to the feelings of inhabitants lo' pecuHraly (ituated, and not to any want of fpe£l to the governmentof the Union j thcyli- boured under an idea that their moralsjinannqis 8 c cuftoms had been mifunderftood, & coni-' quently complained of, and that the -law If laft feffion was pafled by coagrefs under fhoh miftaken impreffions. They--therefore pr^ an alteration o f the law fous to allow thed to be their own legiflators, not dividingthi territory into two governments, and not prpi hibiting the importation of flaves. and fblid ground. But to the fourth article th^c arc a variety of obje^iions. After hav ing ftated in the fecond and thit^ articles^ everything which it was necelTaty to ftate, when the ftrong ground of the conftitutiou was ab*»ddned, we are prefented with the blackeft catalouge of judicial crimes that has ever been invented. * This article will fore ver form^ a phenomenon in the hiftory of im peachment,' and^ command admiration by. its wonderful difplay o f the powers o f invention, ampliftc^ion, add embellifliinicnt. - Never Jiaye t been' tnoiv completely convinced tijat ^ i^ u s is eapable-of creating any what- eV^,' that it pofiefies'cveh: msglc , powers; We-^are prefented wilB u ftuppendous pyra- rnld'of j^udicial guilt, of which in-- :Jft 0 a forms the pedeftal, and indecent folici- ftiie Gonlii^tues the apex. Judge Ghafe is ac- cufedi.o£ manifeft injuftlce, partiality, intem perance, rudenefs, vexation, follcitude, &c. &c. If this horid lift of the crimes of a Judge is to be crowned by \ folicitiide,” if folicitude” is to fwell the lift of new tranf- hfK ifi 4 ioli(bh mbVftd fhe appointment of meifib<rsby ballot for condu£titig the impeachme;) it on the part^of the houfe, but the houfe' adjourned without coming to a de- cifion. bccembcr 5. The jkrddes o f impeachment againft Judge Chafe were brought in enrolled. The houfe refumed the unfinifhed, bufinefs of yefterlW vi2. the appointment of man agers to ;ondu£t the impeachment of famuel Chafe aukipdate iuftic.edfthe United^Tiati^s, apdf.having<;dtre£tu 4 that ihc^iimber jWitld ' ir, j^nAthe-iidiabitatits ' to defeiftl thcj:ityi had 19 fail pi- gun boats. grelEons}. I muft ftill be permitted to-believe that its dccency or indecency has very little connexion with the eftence of its criminality. Befides, the conduct of the Judge was dif- i^rcnc atdiiFerent ftages o f the trial, and were I Ito ,confider his fuppofed folicitude as criminal Mr. Nlcholfon moved after the m em o rial|i could not confiderthe report asconBtient- witl^ruth unlefs amended fo as to read in'fhis 4 a n n e r ^ / « manifejlingy in the early part t h irmti m indecent fdiditudey andj at its laU Jiagesy a very decent jbiicitudef f o r the con- y^ iqn ^ the prifoneri bfc. Solicitude is a was read, to refer it to the committee ap pointed on that part of the Prelident*s fpeech which relates to the amelioraitipn o f thc .Gov- crnoicnt o f XiOuiGana, and i t w as referred ac cordingly. A meffage was brought from the ScnatCi' by Mr. Otis, announcing that they had coefe- curred in the bill making further apprpg*t- ation for the contingent fund of Congtefs.L > Mr. Nicholfon faid that the petitjop h e had juft , prefented contained an enumeration of certain fa£ls, which might be further authen ticated by a leferance to the Secretary of War, who was poftefied of fiill infotnratton on all fubj*e£ts of military fervice j he theres*, frequent opportunities, both on former and recent occafions, of expreffing my convic tion that judicial’^officers ought not to be puniflied for declaring their political opin ions. W c ought not ourfeives to pra<Sice what we reprobate in others, and it is always defirable to carry our own theories into prac-1 st*^t T W f d p l^ S ^ operation. Had the Judges dif- plsfyed an anxiety to fave the prifoner,' he thwht with equal propriety have been im peached fympathy ot\ pity. i cailhot vote for the laft article without a vibjatron .of my political principles. I do not believe '(iiat th e ■expreflion of political .opin ion IS^ACtime ill :a republican governnjent. TBive repeatedly,declared that I confidered ^ ^ ^ ^ - .itinlprppcfiiia to read political lee- fore moved luph refemnee bench-^ -aiid r-havc~ 3ilb had ftarree, aJsdTwhen that report fiiould reach the houfe, he would move to refer the whole to the committee of claims. On motion of Mr. J. Randolph, the houfe refolved itfelf into a committee of the w^ole on the report of the felc£l committee on the impeachment of S amuel C hase , an aflbeiate Judge of the Supreme Court of the United States. The queftion was taken on agreeing to the eighth article and carried in the affirmativ^e. There were for it feventy fix members, which arc more than a majority of the whole Houfe*; Mr. Elliot, [.a Democratic member from VerinontJ Mr. Chairman, as I have voted in oppofition to every one of the aticles, and fiiall of courfe vote in the negative when they are confidered in the aggregate, it is indifpen> fably heceffary that I fhould make a few ob-i fervations, in order to . refeue myfelf from the imputa tion of joting, bn this ocjcafion,^ in a different nianner from what I did at the laft fefiion : although 1 am already fufflcient- ly juftified to my own confcience. > My cool judgment tells me that wet.c t to vote in favor of the prefent impeachment, in its prefent form, Im u ft forfeit in my own eftimation that political charadfer as a repubr lican, whiijh it has been the ftudy of my life to acquire and prefetve, and which Jias hith erto fecured me the confidence o f a people as truly republican as ever have exifted in a- ny age o f natron. It is upon republican prin- • ciplcs that I oppofc the report. At the lift fefiion, I declared myfelf in favor of the.' impeachment 'fp . far only as related to the condudb of Judge Chafe upon the* trial o f James Thdmpfon'Callender. J T confidcrc 4 the condu^ of the judge upon that occafion as amounting to a ‘ denial of important con- ftitUtiPnal privileges to Callender, the privi** leges compolfory procefs for witneffes, and of trial by 'an impartial jury of hh country; and had the committee taken that ftrong groundj* I muft have given it ray fuppvrt. They have, however, abandoned it ; and I am decidedly of opinion that if the conduflt of the judge did not amount to a violation o f the conftitution, it ought to. he confidered as a mere ‘error in judgement. And for^ er rors o f judgement a'magiftratc is not impeicB' able. copfift of feVetTi the houfe proceeded, to bal lot for* the fame, and upon examining the ballots the following fix members were elec ted having a majority of the whole number ^of votes, viz. ‘ ' . ’ Mr^ J. Randolph, Mr. Rodney, Mr. j^icholfon, Jidr. and Mr. Nelfon. . ‘ ' The houfe then proceeded to ballot for the feventh manager. ’ On the fith ballot Mr. G; W . Campbeli had a majority, and was declared duly eledf^ ed. ‘ On motion of Mr. Nicholfon it was re- fplyed, that the articles agreed to by this hpufe to be exhibited in the* name of them-, ffeives and aftthe people of the^'United States, againft Samuel Chafe in maintenance of their impeachment againft him for high crimes and mifd emeandrs, be carried to the Senate by the managers appointed to conduct the fame im p eachm ent. It was refolved, That a melTage be fent to the Senate inform them that fhi^‘houfe have.appointed managers to cimdu£l: the im peachment againft Samuel Chafe,' and have direfled the faid managers to ‘carry to the Senate the,sMcdcle^) agreed upon by theHoufe to be exhillited in maintenance of theif im peachment agaioft the faid; Samuel Chafe.^ at half paft, one A. the American giiri boats Stc. a n d entered the har bour of,T ripoli, within (Soo feet of the Bafiiaw^s cattle, commenced their attack. They fired one hundred and twenty roiindw each, funk three bf thc| enemy’s gun boats, and a merchant pdlacr«. At day light the Conftitptioii -led in wiafiti piftol (hot of the chief of the batteriesj flWd nine broadfides, received twelVe fhot in thehull, loft four men killed and two woud^d in yoe of her boats by two fchdbticts,^and tU'o galliots, and a.brig. The AmeVicans had the, Conftitution, Argus, Syren,' Yixfeh, Nautilus, Enterprize, fix gun boats, arid* two bombards. The whole of \the American crews amounted to 890 men and the'Neapolitans;. I to. The latter beha^ ved well.* In the latter a£Uon capt. Chauncy, ofiicers arid crew of the John Adams, voluh»- teeved theft ferVfces' to' the Conftitution and gun boatss - * W e have been expeCliug to be joined by Gomniodow Barron, and frigates t bnt h c ^ il i he pfo idfe io'endthf c^air this year, as thefumiher feafm is a tl'tuivoerfor gun haats^ end Tripoli tn ^ebinter' caA [odly he. kl^ckaded hy cor^ fairst at times off dhd l»j, T^hts eniraB •will p e w that our prefent force ii- only adequate to ir ritate Tripolif hut •will nqf he adeqitte to reduce it to American termsy land obtain our fellow citi zens, \ ■ . ■ Septem b er 12th, 1804. Oh the evening of the 5th arrived- here commodore Barron, and captain, Campbell. The former failed on the evening 'of the'7 th, and the latter for Tripoli, on the' morning of the 8th. no doubt but tfiey arilved offTri- poli on the lothi and of couife joined will give Trijioli a general attack. W e have learned fince by ih e return o f a thS Clerk do go with the faid ««f. fe C * 1 ; D ecem b er^ -• - : r ' | * « f “ tbeojgteofjjie Arferiean. M r ^ttom com mietee ap pointed, prefented a bill making further pro- yifion for th 4 payment of the debts due to the tJnit^d-Sta|:ds--^Refcrred to the committee of/thc,svfi^c|pn M Thi|> Hbu|s went:into committee of tKe peace in all our under the United \ atesfufifdteoni' Mr. Da wipn in-the chair. in committee rofe, re- to Adj. tice | After fomjbtime fp,ent in debating and a- ers or a different nature have naturally min-1 ,. » ' ■ r gl.d themfe!v«, in my own mind, w b a d tefleaing upon this i^ o m n t fubjea. p j po«ed rrog^.i..^nd'bhtoined leave to there*ho fianger that the feelings and views [ ^ * * P * f ^ “ r ' -W -^HING T ON. Jan. 2. involved themfelves With our reflctlions, and I ' . that they will improperly influence our cOn- I dHonday tBe Prffdent. o f the United States fdufS ?* For myfelf I am difpofed to look up- cohtmUnieJ^d to Congrefs the following Meff ^ h a member of our higheft judicial trfbu- , hal, upon whom, will corre<a motives, fuch Reprefeniatives of dfi' irrefiftable Torrent of public' opinion is] <P the United States. precipitated, with a favorable eye; It is The encifed letter, written from Malta, dur duty to endeavour to realife the an -1 *^7 Richardwbrien, our late Conful at; Al- Cient idea of the blindnefs of juffice.' Let givinifomc details of tranfaaions be- ‘ ‘ * .................... .. ^ * ' fore TripoliJis communicated for the infoT- 1 mation o f Cingrcfs. ^ TH : JEFFERSON. '^December 31ft, 1804. Gop^of a l^ier from Richard UBrieni laie Conful of p e United Statesy at Algiers giv* ing fomf^epails. o f tranfaStions before Tri- polt-r-io ffpfn Gavinoy Conful at Gibraltar. MALTA, cth Sept. 1804, Dear pif, ift. TK^ j American frigates, corfairs. It is n ot upon any trifling or minute dif- tinflion between -form and fukftance that 1 found my obje^iions to the fecond and<third articles, but upon what I confider as ftrong us be blind as it refpe^s the man, blind'to his political opinions, but eagle eyed as it rcT- pe£l5 his crimes. The^pure fountain of Juf- tice ought not to be polluted with a fingle muddy jpanicle of the fpirit of party. rhayefaid enough to explain my fentiments andView 4 upon filbje£l, and I will not trouple the committee with a repetition of any of my arguments at the laft feffion. Tuefday, Dec. 4. - Mr. Crowningfhield reportdfl from the coirimittec of commerce ^nd manufadures I gun Bbats^ 3 ari 4 bombards attacked Tripoli on the petition of the library company of j caftle, cbvM^ arid gun boats on the evening Philadelphia, and the truftees of Princeton | o f the 3d ^ “guft and after, a fevere conteft college, for the remiffion of duties on cer- j captured iftreO Tripoline gUn boats, whofe tain books imported-*—that they have leave to | crews wer^fiincty fix men 5 of this number withdraw their rcfpe£Hvc petitions---and j forty fix W^ire killed, and fifty made prifoners on mibtfon the houfo agreed to the report. j Amongft the l^ter number eighteen were The houfe then refumed the unfinilhed'l feverely wounded. W e loft lleilt. James bufinefs oF' yefterdy, in relation to the im- I Decatur^ arid thirteen men killed and. wound- peachment o f Judge Chafe. ' . . [ cd. They refafeff toconcut with the amend- j 5 td.Oritheyth of Auguft the' Amcricari ments made yefterday' in committee of the j force attacked Tripoli toi the weft part of the whole, fo that the articles remain in the fame I city t after a great deal of gun boat firing, form as veported by the ifeleflt committee. . J and alfo of the two Bombards, they filenced a The report was taken up article by arti-J feven grin battery and threw fcvcral fliclls in- ^le. ^ I to the town* In thefe two attacks Tripoli Mr. Kicholfon called the yeas arid nays, j muft certainly have loft five hundred foen* and wasfupported by the cpnftitutional num- j Wc loft a firiall gun'boat arid twelve men ; a- ber* I mongft this :iH>rnber 1 ietft. Caldwell and Mr. A queftion on agreeing to the whole I Dorfey. ThcboatWcv^tip by the fire of wads of the articles was carried wlthowc a divl-^ j e f another boat* fioDv 1 3d, On the morning of the 29th of Auguft, font in a yefiel ptepaied with fifty .baTrdis o f powder \ and a number of bomb ftielis ; that the veffel had got clofe into the harbour of Tripoli, amongft the enemy’s gun boats, and faid veffel was fet fire to t by feme accident or other, the (hip blew up before the officer and crew could get clear, and in coiffequence the officer, midffiipman and twelc men were ^lo vn to - «oms. I believe it is captain Smith, of the Vixen. The Conftitution, gun boats and bom b ards led in, and had a long and fe- vere aiftion. I have not been able to obtain from the MaltCfe creW any better account ph thisTubjefl, as^ they have not brought any one better. They were conveyed by one of our brigs.Of war, which did“not enter this port, but went for Syracrife. T.Havc not beeri'well. I left the fleet the night of the a ad ult. and when t h c f o h n Adam s iretarns here and dif- charges, ]| fliall proceed with my 'family iti faidmip for the United Sstes. W ill you pleafo-taforword a\ coy^bf this letter to the Secretary of State* 1 am, &c, (Signed) RICHARD O’BRIEN. fohd Ga<Dinoy Efq. P. S. The expe^ed frigates, joined with the prefent force, will db it, or drive the ba* fhaw and divan out of Tripoli September, 14th 1804. , SIR, I have to inform you, that it is capt. Som ers, with Heutenanf Wadfworth, and Mr. If- rael, midftiipman, that is blown up by the explofion of thcvfire (hip, at th e if e n tering a- mohg the grin Boatf of Tripoli. Capt. Smith in the Vixep, arrived here this day, he left Tripoli three* days paft. He fays that Com modore Barron* and Campbell, arrived there the 0th, that oh the yth the gun boats, bom bards, with the Syren, Enterprize, Scourge, and John Adams left the coaft of Tripoli for Syracufe. The Prefident, Goftitution, Con- fteliation, and Argns,^ remain off Tripoli $ that it is corifideredTf the weather would be favoTable ihat the three frigates would attack the place.' t do not think that without the gun boats and bombards, they will redpee Tripoli to* American fctnlr, or obtain the li-^ beration of ouf fellow Bitizens. 'Thefeafon is ioQ f t ^ udvimOfdfgr 'M '^ n hats and hdfkhttit to rtmcun with fafH f oh ther-tedf of Tripoli, '/ T riffi reft^< 5 fullvj &c. Signed, m CH ARD CTBRIEN; - ■ Jdhn GavinofWJq.'^ci^ tsfe. * ' f ^ S} E x irqB c f a httcir-froin (umTy dated Augujl 10 ^ •« Naples, itfipifed by our daring coa- -.r.. |( K ' - - ' i ---------- r ‘| , i | i ' - , — ’v.- ■■ — ^ -4 ' fcv. J - ,
