tution, so important to freedom and science, are deeply to be regretted, inasmuch as they tend to lessen its usefulness, and to sap its safety. They might, indeed, have been corrected by the wholesome punishments reserved to, and provided by, the laws of the several States against falsehood and defamation; but public duties, more urgent, press on the time of public servants, and the offenders have therefore been left to find their punishment in the public indignation. [MARCH, 1805 they cannot yet resolve to act, as to principles and measures, think as they think, and desire what they desire: that our wish, as well as theirs, is, that the public efforts may be directed honestly to the public good; that peace be cultivated; civil and religious liberty unassailed; law and order preserved; equality of rights maintained; and that state of property, equal or unequal, which results to every man from his own industry, or that of his father. When satisfied of these views, it is not in human nature that they should not approve and support them. In the mean time, let us cherish them with patient affection; let us do them justice, and more than justice, in all competitions of interest; and we need not doubt that truth, reason, and their own interests, will at length prevail; will gather them into the fold of their country, and will complete that entire union of opinion which gives to a nation the blessing of harmony, and the benefit of all its strength. Nor was it uninteresting to the world, that an experiment should be fairly and fully made, whether freedom of discussion, unaided by power, is not sufficient for the propagation and protection of truth; Whether a Government, conducting itself in the true spirit of its constitution, with zeal and purity, and doing no act which it would be unwilling the whole world should witness, can be written down by falsehood and defamation. The experiment has been tried. You have witnessed the scene. Our fellowcitizens looked on cool and collected. They saw the latent source from which these outrages proceeded. They gathered around their public functionaries; and when the constitution called them to the decision by suffrage, they pronounced their verdict honorable to those who had served them, and consolatory to the friend of man, who believes that he may be of my own understanding, will produce errors of trusted with the control of his own affairs. I shall now enter on the duties to which my fellowcitizens have again called me, and shall proceed in the spirit of those principles which they have approved. I fear not that any motives of interest may lead me astray. I am sensible of no passion which could seduce me, knowingly, from the path of justice; but the weaknesses of human nature, and the limits judgment, sometimes injurious to your interests. I No inference is here intended, that the laws provid- shall need, therefore, all the indulgence which I have ed by the States against false and defamatory pub- heretofore experienced from my constituents. The lications, should not be enforced. He who has time, want of it will certainly not lessen with increasing renders a service to public morals and public tran- years. I shall need, too, the favor of that Being in quillity, in reforming these abuses by the salutary whose hands we are; who led our fathers, as Israel coercions of the law. But the experiment is noted to of old, from their native land, and planted them in a prove, that, since truth and reason have maintained country flowing with all the necessaries and comforts their ground against false opinions, in league with of life; who has covered our infancy with His provifalse facts, the press, confined to truth, needs no other dence, and our riper years with His wisdom and legal restraint. The public judgment will correct false power; and to whose goodness I ask you to join in reasonings and opinions, on a full hearing of all par- supplications with me, that He will so enlighten the ties; and no other definite line can be drawn between minds of your servants, guide their councils, and the inestimable liberty of the press, and its demoral-prosper their measures, that, whatsoever they do, izing licentiousness. If there be still improprieties shall result in your good, and shall secure to you the which this rule would not restrain, its supplement peace, friendship, and approbation of all nations. must be sought in the censorship of public opinion. Contemplating the union of sentiment now maniAfter which, the Chief Justice of the United fested so generally, as auguring harmony and happi-States administered to him the oath of office ness to our future course, I offer to our country sincere congratulations. With those, too, not yet rallied to the same point, the disposition to do so is gaining strength. Facts are piercing through the veil drawn over them: and our doubting brethren will at length see that the mass of their fellow citizens, with whom prescribed by the constitution; and the oath was, in like manner, administered to GEORGE CLINTON, Vice President of the United States; after which, the PRESIDENT and VICE PRESIDENT retired. Trial of Judge Chase. TRIAL OF SAMUEL CHASE, AN ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES, IMPEACHED BY THE HOUSE OF REPRESENTATIVES FOR HIGH CRIMES AND MISDE MEANORS, BEFORE THE SENATE OF THE UNITED STATES.* [TAKEN IN SHORT-HAND BY SAMUEL H. SMITH AND THOMAS LLOYD.] [The following report of the trial of SAMUEL CHASE has been drawn up with the greatest care. To guard against misconception or omission, two individuals, one of whom is a professional stenographer, were constantly engaged during the whole course of the trial; and the arguments of the managers and counsel have in most instances, and whenever it was attainable, been revised by them. It is with some satisfaction that the editor of this impression is enabled, under these circumstances, to submit to the public a tract, whose fidelity and comprehensiveness, he hopes will amply reward the interest so deeply excited by the progress and issue of this important trial.-Editor National Intelligencer.] MEASURES PRELIMINARY TO THE On the fifth day of January 1804, Mr. J. RANDOLPH, a member of the House of Representatives of the United States, rose and addressed that body to the following effect: He observed "That no people were more fully impressed with the importance of preserving unpolluted the fountain of justice than the citizens of these States. With this view the Constitution of the United States, and of many of the States also, had rendered the magistrates who decided judicially between the State and the offending citizens, and between man and man, more independent than those of any other country in the world, in the hope that every inducement, whether of intimidation or seduction, which should cause them to swerve from the duty assigned to them, might be removed. But such was the frailty of human nature, that there was no precaution by which our integrity and honor could be preserved, in case we were deficient in that duty which we owed to our This trial was one of the events of the day, greatly exciting party passions, and taking a scope which gives it historic interest, both for the persons concerned, and the matters involved. The account of it is greatly abridged here, but it is believed all is still retained which is necessary to the full knowledge of the case, and to a just conception of selves. In consequence, sir," said Mr. Randolph, "of this unfortunate condition of man, we have been obliged, but yesterday, to prefer an accusation against a judge of the United States, who has been found wanting in his duty to himself and his country. At the last session of Congress, a gentleman from Pennsylvania did, in his place, (on a bill to amend the judicial system of the United States,) state certain facts in relation to the official conduct of an eminent judicial character, which I then thought, and still think, the House bound to notice. But the lateness of the session (for we had, if I mistake not, scarce a fortnight remaining) precluding all possibility of bringing the subject to any efficient result, I did not then think proper to take any steps in the business. Finding my attention, however, thus drawn to a consideration of the character of the officer in question, I made it my business, considering it my duty, as well to myself as those whom I represent, to investigate the charges then made, and the official character of the judge, in general. The result having convinced me that there exists ground of impeachment against this officer, I demand an inquiry into his conduct, and therefore submit to the House the following resolution: "Resolved, That a committee be appointed to inquire into the official conduct of SAMUEL CHASE, one of the Associate Judges of the Supreme Court of the United States, and to report their opinion, whether the said SAMUEL CHASE hath so acted in his judicial capacity as to require the interposition of the constitutional power of this House." A short debate immediately arose on this motion, which was advocated by Messrs. J. RANDOLPH, SMILIE, and J. CLAY; and opposed the skill, learning, eloquence and ability with which the trial (both the prosecution and the defence) was conducted. The formal charges are omitted, as being sufficiently shown in the pleadings; the testimony of witnesses limited to their principal statements; and the speeches only given in their essential parts. Trial of Judge Chase. by Mr. ELLIOT. Several members supported a motion to postpone it until the ensuing day, which was superseded by an adjournment of the House. The House, on the next day, resumed the consideration of Mr. RANDOLPH's motion, which was supported by Mr. SMILIE, and, on the motion of Mr. LEIB, so amended as to embrace an inquiry into the official conduct of Richard Peters, district judge for the District of Pennsylvania. On the motion, thus amended, further debate arose, which occupied the greater part of this and the ensuing day. It was supported by Messrs. FINDLAY, JACKSON, NICHOLSON, HOLLAND, J. RANDOLPH, EUSTIS, EARLY, SMILIE, and EPPES; and opposed by Messrs. LOWNDES, R. GRISWOLD, ELLIOT, DENNIS, GRIFFIN, THATCHER, HUGER, and DANA. Some ineffectual attempts were made to amend the resolution, when the final question was taken on the resolution, as amended, in the following words: "Resolved, That a committee be appointed to inquire into the official conduct of Samuel Chase, one of the Associate Justices of the Supreme Court of the United States, and of Richard Peters, district judge of the district of Pennsylvania, and to report their opinion, whether the said Samuel Chase and Richard Peters, or either of them, have so acted in their judicial capacity, as to require the interposition of the constitutional power of this House :" And resolved in the affirmative-yeas 81, nays 40. Whereupon, Messrs. J. RANDOLPH, NICHOLSON, J. CLAY, EARLY, R. GRISWOLD, HUGER, and BOYLE, were appointed a committee pursuant to the foregoing resolution. On the 10th of January, the committee were authorized by the House to send for persons, papers, and records; and on the 30th day of the same month they were authorized to cause to be printed such documents and papers as they might deem necessary, previous to their presentation to the House. On the 6th day of March, Mr. RANDOLPH, in the name of the committee, made a report, "That in consequence of the evidence collected by them, in virtue of the powers with which they have been invested by the House, and which is hereunto subjoined, they are of opinion, 1st. That Samuel Chase, Esq., an Associate Justice of the Supreme Court of the United States, be impeached of high crimes and misdemeanors. "2d. That Richard Peters, district judge of the district of Pennsylvania, has not so acted in his judicial capacity as to require the interposition of the constitutional power of this House." This report, accompanied by a great mass of printed documents, embracing various depositions taken before the committee, as well as at a distance, was made the order of the day for the Monday following. On that day the House took up the report, and after a short debate concurred in the first resolution by the following vote-yeas 73, nays 32, as follows: YEAS.-Willis Alston, jun., Isaac Anderson, John Archer, David Bard, George Michael Bedinger, William Blackledge, Walter Bowie, Adam Boyd, John Boyle, Robert Brown, Joseph Bryan, William Butler, Levi Casey, Thomas Claiborne, Joseph Clay, Matthew Clay, John Clopton, Frederick Conrad, Jacob Crowninshield, Richard Cutts, John Dawson, William Dickson, John B. Earle, Peter Early, James Elliot, William Findlay, John Fowler, James Gillespie, mond, James Holland, David Holmes, Walter Jones, Peterson Goodwyn, Andrew Gregg, Samuel HamWilliam Kennedy, Nehemiah Knight, Michael Leib, Matthew Lyon, Andrew McCord, William McCreery, David Meriwether, Andrew Moore, Nicholas R. Moore, Jeremiah Morrow, Anthony New, Thomas Newton, jun., Joseph H. Nicholson, Gideon Olin, John Patterson, John Randolph, Thomas M. Randolph, John Rea of Pennsylvania, John Rhea of Tennessee, Jacob Richards, Cæsar A. Rodney, Thomas Sammons, Thomas Sanford, Ebenezer Seaver, James Sloan, John Smilie, Henry Southard, Richard Stanford, Joseph Stanton, John Stewart, David Thomas, Philip R. Thompson, Abram Trigg, John Trigg, Isaac Van Horne, Joseph B. Varnum, Marmaduke Williams, Richard Wynn, and Joseph Winston. NAYS.-Simeon Baldwin, Silas Betton, John Campbell, William Chamberlin, Martin Chittenden, Clifton Claggett, Manasseh Cutler, Samuel W. Dana, John Davenport, Thomas Dwight, Thomas Griffin, Gaylord Griswold, Roger Griswold, Seth Hastings, William Helms, Benjamin Huger, Joseph Lewis, jun., Henry W. Livingston, Thomas Lowndes, Nahum Mitchell, Thomas Plater, Samuel D. Purviance, John Cotton Smith, John Smith of Virginia, William Stedman, James Stevenson, Samuel Taggart, Samuel Tenney, Samuel Thatcher, Killian K. Van Rensselaer, Peleg Wadsworth, and Lemuel Williams. The second resolution was agreed to unanimously. Whereupon, it was ordered, that Mr. JOHN RANDOLPH and Mr. EARLY be appointed a committee to go to the Senate, at the bar thereof, in the name of the House of Representatives, and of all the people of the United States, to impeach Samuel Chase, one of the Associate Justices of the Supreme Court of the United States, of high crimes and misdemeanors; and acquaint the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him, and make good the same. It was also ordered, that the committee do demand, that the Senate take order for the appearance of the said Samuel Chase, to answer to the said impeachment. On the 13th of March, Messrs. J. RANDOLPH, NICHOLSON, J. CLAY, EARLY, and BOYLE, were appointed a committee to prepare and report articles of impeachment against Samuel Chase, and invested with power to send for persons, papers, and records. On the 14th, a message was received from the Senate, notifying the House, that they would take proper order on the impeachment, of which due notice should be given to the House. On the 26th, Mr. RANDOLPH, from the com Trial of Judge Chase. mittee appointed for that purpose, reported articles of impeachment against Samuel Chase. No order was taken on the report during the remainder of the session, which terminated the next day. At the ensuing session of Congress, on the 6th of November, 1804, on the motion of Mr. J. RANDOLPH, the articles of impeachment were referred to Messrs. J. RANDOLPH, J. CLAY, EARLY, BOYLE, and J. RHEA of Tennessee. the 2d day of January, and be served at least fifteen days before the return day thereof. On the 24th and 31st of December, the Senate adopted the following rules of proceeding, to be observed in cases of impeachment. 1. Whensoever the Senate shall receive notice from the House of Representatives, that managers are appointed on their part, to conduct an impeachment against any person, and are directed to carry such articles to the Senate, the Secretary of the On the 30th of November, Mr. RANDOLPH Senate shall immediately inform the House of Repreported articles of impeachment against Sam-resentatives, that the Senate is ready to receive the uel Chase, in substance not dissimilar from those reported at the last session, with the addition of two new articles. This report was made the order for the 3d of December. On that and the ensuing day the House took the articles into consideration, to all of which they agreed, according to the following votes: On the 5th, the House proceeded to the choice, by ballot, of seven managers to conduct the impeachment; and on counting the votes, Messrs. J. RANDOLPH, RODNEY, NICHOLSON, EARLY, BOYLE, NELSON, and G. W. CAMPBELL, appeared to be elected. On a subsequent day, Mr. NELSON having declined his appointment, on account of absence, Mr. CLARK was chosen in his place. The following resolution was then adopted: Resolved, That the articles agreed to by this House be exhibited in the name of themselves, and of all the people of the United States, against Samuel Chase, in maintenance of their impeachment against him, for high crimes and misdemeanors, be carried to the Senate by the managers appointed to conduct the said impeachment. The Senate having appointed the 7th of December for receiving the articles of impeachment, the managers repaired on that day, at 1 o'clock, to the Senate Chamber. Having taken seats assigned them within the bar, and the Sergeant-at-Arms having proclaimed silence, Mr. J. RANDOLPH read the foregoing articles: whereupon the President of the Senate informed the managers that the Senate would take proper order on the subject of the impeachment, of which due notice should be given to the House of Representatives. The managers delivered the articles of impeachment at the table and withdrew. On the 10th of December, the Senate, sitting as a High Court of Impeachments, adopted the following resolution : Resolved, That the Secretary be directed to issue a summons to Samuel Chase, one of the Associate Justices of the Supreme Court of the United States, to answer certain articles of impeachment exhibited against him by the House of Representatives on Friday last: That the said summons be returnable managers for the purpose of exhibiting such articles of impeachment, agreeably to the said notice. 2. When the managers of an impeachment shall be introduced to the bar of the Senate, and shall have signified that they are ready to exhibit articles of the Senate shall direct the Sergeant-at-Arms to impeachment against any person, the President of make proclamation; who shall, after making proclamation, repeat the following words: "All persons are commanded to keep silence, on pain of imprisonment, while the grand inquest of the nation is exhibiting to the Senate of the United States, articles of impeachment against ;" after which the articles shall be exhibited, and then the President of the Senate shall inform the managers, that the Senate will take proper order on the subject of the impeachment, of which due notice shall be given to the House of Representatives. impeached, in the form following: 3. A summons shall issue, directed to the person The United States of America, ss. The Senate of the United States, to -, greeting: Whereas, the House of Representatives of the United States of America, did, on the day of exhibit to the Senate articles of impeachment against you, the said - in the words following, viz: [here recite the articles] and did demand that you the said. should be put to answer the accusations as set forth in said articles; and that such proceedings, examinations, trials, and judgments, might be thereupon had, as are agreeable to law and justice: You, the said are therefore hereby summoned, to be, and appear before the Senate of the United States of America, at their Chamber in the City of Washington, on the day of then and there to answer to the said articles of impeachment, and then and there to abide by, obey, and perform such orders and judgments as the Senate of the United States shall make in the premises, according to the Constitution and laws of the United States. Hereof you are not to fail. Witness, Vice President of the United States of America, and President of the Senate thereof, at the City of Washington, this day of, in the year of our Lord and of the Independence of the United States, the Which summons shall be signed by the Secretary of the Senate, and sealed with their seal, and served by the Sergeant-at-Arms to the Senate, or by such other person as the Senate shall specially appoint for that purpose; who shall serve the same, pursuant to the directions given in the form next following: 4. A precept shall be endorsed on said writ of summons, in the form following, viz: United States of America, ss: greeting: The Senate of the United States, to Trial of Judge Chase. leave with, if to be found, a true and attested copy of the within writ of summons, together with a like copy of this precept, showing him both; or in case he cannot with convenience be found, you are to leave true and attested copies of the said summons and precept, at his usual place of residence, and in whichsoever way you perform the service, let it be done at least days before the appearance day mentioned in said writ of summons. Fail not, and make return of this writ of summons and precept, with your proceedings thereon endorsed, on or before the appearance day mentioned in said writ of sum mons. Witness, Vice President of the United States of America, and President of the Senate thereof, at the City of Washington, this day of, in the year of our Lord and of the Independence of the United States, the Which precept shall be signed by the Secretary of the Senate, and sealed with their seal. 5. Subpoenas shall be issued by the Secretary of the Senate, upon the application of the managers of the impeachment, or of the party impeached, or his counsel, in the following form, to wit: You, and each of you, are hereby commanded to appear before the Senate of the United States, on the day of, at the Senate Chamber, in the City of Washington, then and there to testify your knowledge in the cause which is before the Senate, in which the House of Representatives have impeached. Fail not. Witness, Vice President of the United States of America, and President of the Senate thereof, at the City of Washington, this day of —, in the year of our Lord and of the Independence of the United States, the Which shall be signed by the Secretary of the Senate, and sealed with their seal. Which subpoenas shall be directed, in every case, to the Marshal of the district, where such witnesses respectively reside, to serve and return. 6. The form of direction to the Marshal, for the service of the subpoena, shall be as follows: The Senate of the United States of America, to the Marshal of the district of -: 7. The President of the Senate shall direct all necessary preparations in the Senate Chamber, and all the forms of proceeding, while the Senate are sitting for the purpose of trying an impeachment, and all forms during the trial, not otherwise specially provided for by the Senate. 8. He shall also be authorized to direct the employment of the Marshal of the District of Columbia, or any other person or persons, during the trial, to discharge such duties as may be prescribed by him. 9. At twelve o'clock of the day appointed for the return of the summons against the person impeached, the legislative and executive business of the Senate shall be suspended and the Secretary of the Senate shall administer an oath to the returning officer, in the form following, viz: "I, -, do solemnly swear, that the return made and subscribed by me, by upon the process issued on the day of the Senate of the United States, against is truly made, and that I have performed said services as therein described. So help me God." Which oath shall be entered at large on the records. 10. The person impeached shall then be called to appear, and answer the articles of impeachment exhibited against him. If he appears, or any person for him, the appearance shall be recorded, stating particularly, if by himself, or if by agent or attorney; naming the person appearing, and the capacity in which he appears. If he does not appear, either personally, or by agent or attorney, the same shall be recorded. 11. At twelve o'clock of the day appointed for the trial of an impeachment, the Legislative and Executive business of the Senate shall be postponed. The Secretary shall then administer the following oath or affirmation to the President: "You solemnly swear, or affirm, that in all things appertaining to the trial of the impeachment of you will do impartial justice according to the Constitution and laws of the United States." 12. And the President shall administer the said oath or affirmation to each Senator present. of Representatives, that the Senate is ready to proThe Secretary shall then give notice to the House ceed upon the impeachment of -1 -, in the Senate Chamber, which Chamber is prepared with accommodations for the reception of the House of Representatives. 13. Counsel for the parties shall be admitted to appear, and be heard upon an impeachment. 14. All motions made by the parties, or their counsel, shall be addressed to the President of the Senate, and if he shall require it, shall be committed to writing, and read at the Secretary's table; and all decisions shall be had by yeas and nays, and without debate, which shall be entered on the records. 15. Witnesses shall be sworn in the following form, to wit: "You do swear, (or affirm, as the case may be,) that the evidence you shall give in the case shall be the truth, the whole truth, and nothing but now depending between the United States and the truth. So help you God." Which oath shall be administered by the Secretary. 16. Witnesses shall be examined by the party producing them, and then cross-examined in the usual form. 17. If a Senator is called as a witness, he shall be sworn, and give his testimony standing in his place. 18. If a Senator wishes a question to be put to a witness, it shall be reduced to writing and put by the President. 19. At all times, whilst the Senate is sitting upon the trial of an impeachment, the doors of the Senate Chamber shall be kept open. HIGH COURT OF IMPEACHMENTS. WEDNESDAY, January 2, 1805. The Court having been opened by proclamation, The return made by the Sergeant-at-Arms Was read, as follows: "I, James Mathers, Sergeant-at-Arms to the Senate of the United States, in obedience to the within summons to me directed, did proceed to the residence of the within named Samuel Chase, on the 12th day of December, 1804, and did then and there leave a true copy of the said writ of summons, to |