Skip to Content
North Carolina Newspapers

The Wilmington gazette. volume (Wilmington, N.C.) 1799-1815, April 16, 1805, Page 1, Image 1

Below is the OCR text representation of this newspaper page. It is also available as plain text as well as XML.

71 Yfll e i e I c 4- u ht run rti 0(t -tk tkt hit m i it tht high lHt t ... um lotnrij4ii rVKVIunft HIGH COUttfJMIWACpilKiT,;, 0$ rrttx; CHASE'S A$S)TEfo , " k Thf,iohtft wrticle of Imneac ument cn w ?:;UHitiapc .duties: and dignity wt:iaf-j?jrawsr did, at a circuit court for tbe dwU-ict of Maryland, heU at BaWwwei tn month of May, 1803, perfeiT OWWicisu rns iiity to dret;BUnJM demeetheft sitto:in; a thargrtot M. jarr WeridVthkt ;fher An' he no offence. Vithout the breach of tHere ' assembled ort the nWWicra , coming avithin the province of theaaid tury, tor tne jnirpose of delivering to thfraVid grand jm n intemperate' land Inflammatory political harangue, iwUhi intent to eaxite tbe.ijeare and.reaentmenL'of.the. said etand iury,.apd of the good people, tfMarjland, against their ; atate "! government &$&onstitutwn, Mnd Dim that thia TtsVOP.Jkfo under pre tence of excrciiine bia j; ad -Ireaa thA fi-rand fory s 2J r? W ajrand jury, and of the good, W?e-fMii' . "ryland againstthe gofrernhtof the Uni ted Statet,y UeUerng-.opimons which werei at tftat titne and as delitere'd -bf. Wr. highly rindecentitxtra; f.b. prostitute : "the i i-.higV judicial ' character ' with which he waa invested, to the fosV pur- tyisebf syn electioneering' jwrtiaan. r answer tar, this-charge "this respondent ' admits that hi did a. cne; of the associate astices of the. , supreme Court bf the United : Stales, preside ' in a circuit, cbdii held at J Baltimore inland for the district of 'Mary land, in Mjy 1803, and did then deliver a barge to the gra d jurjTi and .express in the conclusion of it some opinions, it, to certain f public measures, both of the government of ; Maryland and otat.of'thfc UnHed.'tate$. ' But he denies tharin thtff acting; he , dis- regarded .the-, duties .'and "dighltyV of hi;,ju diciai character, perverted km oifoialjright and duty lo address the gTand jury, or had U any inteation:ia ; excite the feafa or reent rnent af any persort -whaterer,- gajn't 'he . jrorefnmeht and constitution ' of he Uaitea States or of NtarylthdJ'1. He'rfemes thartlie . tentinlentJ trhich' he hhs etprrssed,lere '' intemperate ' and Inflammatory," either 4n themselves of--ia tSilmnhiefof deliver ing; that he did. endiavor to excitt theM dium of any persort 'whateVer against, the government of the United States, or did deliver any opinion which ere , in any. Respect indecent, of which had any tendency to nrostitute his iuttlcial character, "to any lur or iiffprope r purpftei T lie denJes th he II opinion;. thus ex tlid' any thing thai was' WaVuiC improper MW,.lh4f erfo'i orMnoecommg in apnr, wexprcswa iny opinion, bat such as a friend to hi coun try, and a firm supporter of the govem tnents both of the stale of Maryland and of the United ; States, mS(;ht entertain.- For the trath of what he here says, he appeals confidently to the charge Itself ; which was re ad from a Written paper, now in his possession . ready to be produced A true copy of all such psrts of this paper as relate to the subject trulicr of this ar ticle of impeachment, is .contained in the abm'g law. 'Therefy 'offence of despdlism. ctftalsts; ih; punthiiri acts which, ai iW ime when' thef we done1, wert forbidden by o law. , AdmVfs the expression , of political pinions h? i jrtJge, in his charge tq, a jdfy, tot bqVmyi'oper and .dangerpusi there fcre, many llmpioper. afd VeryTdangefr iiaeisiiHi .tf ...L'jjiili. .2i'- i.Li:i.5ii,.-i,-.r;i!J .i. 'II . auniuua, .ua nccr Dccn sppnea wine ex ixDressions1 of opinion's concerh?ng1'tne, ted- . dijW of putttc feeares, or' to' artumenta rged for the!ftn'fpbserof opposing them,' 'or Vf effecting tne fytiL' .:To' apply th'e o'c- rine of sedftro'n of of libels to sucV "cases, exhibit marked No. , which he prays lesre to 'maKe part of this his answer. ' That part of It which' now under consideration, is w. 4ese wordsA You know, gentlemen, that our state nd Rational institutions were trained o secure to etery member of the society y(jMiber - ty and eomtl rights; but .the late alteration of -the ftderal judiciary, by tth abolition f the office of, the sixteen circeit judges and the ttttnt chin-e in our state conMi tution by the establishing universal suffrage, ni the furiher alteration that is-contem plated in our state j'llicltry, (if adapted) will In my judgment tke wf till security Jjr propflj and personal Ubt-tr. The inde pendence of the national Jiciary is al ready ' shaken - to its foundation and- the Virtue of the -people alone cn retire It. The independence of the jitdgfs of this Atate will be entirely destroTcd, if the bill for the abolishing tSe Uo supreme courts, .shoQld bt ratified by the tjrxt gentral as aembly. The change ol the state convi'u tioo by allotrMg universd suffrage, will in tnr opinion certainly and rapidly destroy alt protectioa to propf rty, and all security o personal liberty; and ourrep'iMcan con- oua acts, which' not Kng forbirtdeni oy iiaw cannot be punished. Hence : the eceSsUy- of new penal; laws which .are from time j tq lime en act en tor te ; prevention oi..acis, not before forbidden, but" found by , expe; rienc'e to be 'of daigerous tendency v, Jt . has been the ,practlcs. in this - since me pegimng. a in revoiyuon, .wnicn eepetated j ift -Jtrem Cre'at-!Brtain?. for tha Jadgea '?te eafji'rrtf frtJm'fjve bench, by waf of cnargetS ihe ra'ni ftryUhd1 to en farce ' to the utmoif of thetj abtlityv such pontical opinionij , at they thought qorrect and nse fuL; The'have tteen Instances irT which the,"IgWaMve bodies iof this country', have recommended',, this 'practice to the judges and.;'ltwaV'adoptd'bV'-he judges of the SupreS; coil A" of . tie"!, United ' : States, 'as stoni fis ythtl (present i.)idicial svstem 'was "estaljlisbed. fif.-thfr iefe-v!ilature of the - Uni )ted, States considered his nrartice as mis JthievoOSi dajigeros wp liable to abuie, ther might ,,haye.; fofrbHde(n' it hy' lawV1 to the penalties of..which.T anch : j'd?es as might, afterwards .transgress if, would be justly ;ib jeqted. ,: By pot forbidding: -iu the leV?!a tttre have given to it an frnp'iM "Rartinn; and for that legMilui-e to punish it now by way of impeachment, ' wwld h 'to' con vert into a, ( lan. ettt factd pro ceeding, an' act whe)i whrn it was done and at all times beforf, thy hd them selves', virtually- declared to b innocents- Such conduct wqii1U be, tUtflv-SubvctiTe. of . .the - fundamental principles on which free governments Test ; and would, form a precedent for the roost 'sangninary; and arbitrary persecutions' under the forms of law. f ,. t - - "' Nor can the 'lnfo'iecness of the poli "trcaropinionsthus exhrcisfd, have Bny-in-r flvience 'in ""-deciding on the gu'dt or in nocence oj a judge's conduct in expressing them, ronf he should he considered a guilty or Jnnorent,k'aeroivlinr to the sup posed correctness or ineornrtness bf the a' expressed by him it would error in poli'ical opinion Ww tf ef honeS'Jy tn'ertained, miirht he a crime ami tnat a parti ( in power might, under this pretext, destroy any judge, who might happen in a charge to a grand jury, to say som:th'mar cainSW of beinr construed, by them, into a political opinion adverse to L-!- ....k- " uiriruwn ysirm. There mieht be notne pretence for say ing, thwt for a iudpe to utter seditious Sentiments, whn intent to excite sedition, would be an impeachable offence : although such a doctrine, would he liable to the most dangerous abuses j aid is hostile to the fundamental" principles of our constitution. an to. the best .established maxims of our criminal jurisprudence. But admitting this doctrine vo ye correct, it cannot be denied that the seditious Mention must be proved clearly, either by the most neressiry im plication from the woHs themselves, or by same overt acts of a sedition . nature roh- bected with them.- In the nresent cae no tuch'acts arc alledgd, but the proof ek a edi'iotis iijie-.t ranst rest' on the words themyea.. By M4 pile this respondent is willing to be jnlxdd. Let the opinions which he delivered be examined: and if the m-mSers of this, honorable court can lay thi-ir han;ls on their hearts, in the presence of .Co Uan.-Usayuh.?t, .hese..opiniois are not only erroneous bit seditious also; and carry with them internal evidtnre of an Intention in thi repndrnt to excite sedi tion, either against the stste or general go vernment, he is con'ent to be found guilty. In making this examinitlon, let it be borne in mind, that lo oppose a depend ing measure, by endravouring to convince the public that it is improper, and ought not to be adopted; or to promote the re- vryiuu uisiaiiii ciroy an nuerijr oj Bpeecu, Vabvert the tnafn'pftlaVabf free; government, and convert' the triburiats of justice mo'en- gibes 'of. jaHy. Vengeance. .To' cbnde'mn a pKoeaintherefoei aa pej iviciopsitT CTousirr its? tendeocy ; to use arguments for proving t to' be so ; and to endeavor fey these Wans totorevent its adoption, if still depehdhigf 6V .to ..procure its. repeal in a- regular, 'and ' c6ri- stuutionat way, if it be already adopted ; Ctih neVer1 be considered as'aedition, ov in any wayillegaU; ; ... .. .'; , ; ' : , " : l"hefirst opinioa expressed to the 'grand respdnderiti W8S thai u tbpMe alteration! f the-fedfcral judiciary, bf the bofin of 'tKe' office of the alxteep circuit' judg;esi nd ,tlie( recent-" cnange1. in cjur. state jonstitution, by" establishing universal, suffrage''and the furthet arteration that was then cofitejiplated In but .state jucficiafyj if, adbptecf;5, ' would in the' judgment' of this respondent taRe away" all security for, property ahS jersohd liberty.",, That is " 'thjgse . three ''miastireis, if the last of them, which is Btill etcndlngV should be adopted, will, in my opinin fprm "a" system 'whose pernicious tenden'y must be, to take away the security fp.qir pro perty and our personal liberty," wBch we have , hitherto derived from the salary re strictions laid by the authors of vouj copsti-. tutions on right of suffrage, aid from the present c'onstinaion of ovifr cori of jus tice' What is this but an argument fo persuade the people of Mary land b 'reject the alterations in the stUe judicia'r; which were then proposed ; which this repondent proper or unDecommw a jHA;' if this - e articledmpeachmahtffefah h 'i'tnuied ', i Jl$e': . f tipnal ctfri'cernsi Wd'the tenVre'tfiTtTerodici?! bffifee;utfd)r thebvmt'bftlnin tates'fnust hrereafter dpend bn 'tlie htbifrf- ' ' L-; i the Sen'at'eVto"he;ttc1i atitution will sink into t'myhxrotj. the worst 1 pcsl of a law already past, by endeavoring f all possible rovcf imen'i - lean only lament that the rta fitlar f Our state constitution hat been thrown down, by the estabfis'ament of universal suf. raft. By this shock alone, the whole buildin; totters to its bale, and will crum ble into ruins before many years elapse, vnleia it be restored to its original state. If the Independency or your state lodges, which your bill of rights, wmly declares to be essential to the, impartial adminis .tratlon of justice, and the great security to the richts and btertle of ihn, people," ; shall be takert away, by the ratification of : the bill passed for that purpof, It will trecipitate .the-deatracttoa of your whole atate constitution, and there will be noth- to convince the pubfic, that it ought to be repealed, and that such men ought'to be elected to the legislature as will repeal it, ( attempt In toe, the correction of public measures, by arguments tending to shew their improper hMure, or destructive ten dency ; never bis been or can be consi dered as sedition. In any country, where the principles of law and liberty are respected; but Ss the proper and nul exercise of that right of opinion and speech, which const!- tutes the dlitinguishlng feature of the free government. The abuse of this privilegt, by writing and publishing as fisMs, mali cious falsehoods, with intent to defame, is punishable as libellous, In - the courts hav Ing jurisdiction of adch ofTencfa t where the lai Uft In lu worthy the cafa or iudpoH bf II truth or falsehood of the facts altedged, and freemen. II the malice or Korrectoess of the intention. ' . Admittiof; these. coinlona in have been 1 form the opinions ofrnilt and Innocence. br.orrcct and nfeundd, this rupondaat I But tbt challCUf of libsllouj, much less ef hivci tut tva arc nunc, vy men 11 mi(rnt at Cry time bV'VKoiileSsVat W treat Wi:tt mea-Tm'ct 'vtwsocariorlk rv' ',''"' 1 ' ' a 1 '' i . And Waaid .Samdel.Ch'&rf-pWti'- " ' ) the Said eighth artlcle'of inipia(fhWnt.vBiihJ ' t that he is n:ot ftirftvof an hti h'r'iti V. J ' 'I I misdefn.earfor,"a9 tri aid by the wld tlhifi article Is aireCEett aeafnit hifrt, 1 fcrta iS s 1-3 pi'dys-maV He inquired ;ofbitlfri'l.iiipah!,'l court, irt ' kucb nftner as talf'a'iSl justice shall seem to' HV&f to. rturrev . r mVVeybiideyit htiolSidore ftia hbnbblVot,tl him Wouh! nernU,-aft fi cirWbMfiflces'iir as a citizen of that state had a "rigu to op pose ; aYid the adoption of which (rpe'nded on a legislature then chosen? .this be"' sedition, then will ft be jmposib!e'tc express ari opinion opposite to the view of 'th'rufing party, of the. moment, or to opposo ahy of nivir luoasurcs ay argument, WHVUl De coming subject to such . puni&hnepts. as they may think proper to Inflict, ' ane next opinion is, mat" thejndepen den.ee1 Of the national judiciary was already shakeplo its foundation, and that )t virtue 6f the-people alone iould restore it.' In o- ther words, ft the act of Concrress ftr repeai- ingthe lute circuit court law, and heating 1 im uun.c ui inr jbojccs, on nanen toils Inundation the independence of the na tional judiciary,' and nothing but a change In the representation of -Congress which . the return or the people to correct sentiments alone can effect, will be sufficient to produce a repeal ol this act, ami thereby restore to its former vigor, the part Of the federal constitu tion, which .has b?en thus impaired." i his is the obvious meaning of the expres sion; and it amount to nothing more than an argument in favor of he chance, which thisrespondent then thought and still thinks to be very desirable; an argument, the force of. which as a patriot l? might feel, and which as a free man he had a right to ad vance. ' ' . . The next opinion is, t&at the Indepen dence or the ju Iges or the slate of Maryland, would be entirely Ytstroyed if. the hill Tor abolishing the' twA supreme courts should be ratified by the next general assembly." This apinion, however incorrect-i rosy be, seems to haVe been adopted by the people of Maryland, to whom this ' arzutnent a- galnst ihe bill in question was addressed t for at the next session of the legislature this bill, which went to change entirely the constitu tional tenure bf judicial cfhre in thestalc,and td render the subsistence of the judges de pendent on the legislature and their contin ' u jnreih office on the( xecutircf waiat)anv doned by common consent. - All the other opinions c t pressed by thit respondent, as abovemcntloned, bear the same character with those already 'consider-' . ed. They are arguments addresied to the people of Maryland, for the purpose bf dis suading them from the adoption of a measure then depending; and of inducing them, if possible, to restore to its originsl state, that part of their constitution relating to the rigM of suffrage, by a repeal flhe; law, which bad been made for Its alteration. Such were the objects or thit respondent In delivering thrfte oplhions, and he contends that they, were fair, proper, arid lega( objects, and that be had a right to pursue them ill thjs way t a right sanctioned by the universal practice of this country, and by the aerjui. etcence of its various legislative authorities. Such be contends,' Is the true and obvious meaning of the opinions which be delivered, and which he believes to be" correcU It is not now necessary to enquire into their cor rectness; but. if incorrect, be 'denies that they contain any thing seditious, or any evi dence bf those Improper intentions which arc imputed lo hint by this article of impeachment.- He denies that In delivering them to the grand jury, be committed any offence, infringed any law, or did any thing unusual, hers to for s consider id ia this country as im his case, with w1Wnl '"trust'lii Projf idprice, and a consciousness mat . be has rtschurA all his official duties wHrti iuSlicif atid tiality ,Xo the' but pFbiS knowledge arid abili ties j and, 'that, intentionally he Knih ccm; Wilted no crime orVim5sdeTOei'n'6i ?or iif.v yiotcjhce of the' cbnst"iVutio'n of laws bf hi' tmj'ntry. 4 'Cbr.fidttig'Trt he' 'fm'partiliiy;;iii aepeqcience ana inteYrnty oi Ms imigeR. at d that fhey will natrdritry ' heir,'" a'rd ccmscieu'- tibusly determine tfuV case, wilKcut bt-in ".infliiencefd bV ihe'rit6T'arfy',',bv pbpulhf ' prejuf ice,' 'br'p'oniiVat MiYs, fx Cheerfully suuiiiita duiimlii id inpir ccciMon. ' If it shall appear to hishbnofoljle ccurt, from the eVidenc' prcldu'cebV'Uiat' ne hath acted in his' jfifdiciaf cnfrVcter with -'wilful injustice or aftrallty, b'e 'do'th not , wish any .iavor ; put expects tnat the" whole extent' of the punishment penniuedjm he coDbtitution. will ke inflicted upon 'h'fmr..' : If any part'.bf brs 'limclai cbndbct shall appear to this honorable tbbrt, itrfcl'juriiy Ii.ll. UVV.II l)Cfl, VI" 4ITC jiAuccuca from'ighbra'rtc'e or1 error In iudgment; of if any part of .his 'conduct shall appear, al- mougn not ltitgai, to pare heen irregular 'or improper, but not foha've- flown frotn a depravity bf heart, or ' an .unworthy itib' Jive," he 'feels':-con fidcht that jhis couft win ImaWe allowance for the . Imperfections tT.4 trailtTes nicidchtaifo'rnan. ' ' ", He Issatlsfitd.'that 'tVeryWmber of this tribunal will Observe theyrirlciples cf huniin Ity arid justicei a'nd;'wilf presume him ii.r.rt- y :ccnt,.untT his 'gufit1 shall be established hy TegaVnd rre'd(de 'witttese attd WHl btvr Verned in his decision, by the tnOral and 'christ'iah rule of"rendering that justice to this respcmdefif, whkh he would Wish to re- ,. ' ' 1 ' i :1 . . I. V ceiv This respondent rtow stahds not irMy before an .earthly1 tribunal, but 1m before that awful being whose fil!4all fpace and whose all seeing eye more especially surveys the temples of .Justice and religion. In a little time, his tfccustrf, his judprs. ard himself, muKt sppc'ar at the tar cl Otr.nipo tence, where, the sVc'rtts of all luarta tt till I a 1 ' a aa oe GiscioseOj ann every rurojn ceir.g snau anwrr for his deeds done in the 1m'Vt rr-d . shall be compelled to givi'.'tvidcnce r.Rainst himself, In the ' presence 'of rn astnbled universe. . -To fria JOrohiscitM Jod.fee, at that awful hour, he now appeals for the rec titude 'and purity 'of his conduct, as to all the matters of which be it this di-y accused. ; He hath how only to adjure each reinber bf this honorable court, by the living COD. and in his holy name, to render impartial justice tohipi, according to the constitution tmd laa of the United States- ,He, makes this sblemn demand of each member, by sll his hopes of happines in the world lo comr, which he will have voluntarily tencuncedly the oath he his taken 1 if he shall wilfully do this respondent injustice, or disregard trie constitution or laws of the united ouw: which, he has solemnly ..sworn lo make the rule and standard of bis jtldg meat and de cision. .',.. . , 3.AHUEL CHASE. Ji true opj, . , . . . ., Attest ' 4 , SAMbEL A. . OTIS, Sec'ry BERMUDA, March . Wednesday csme ia from a cruise Ms Mii Jesty'a ship Uandtr,, captain Talbot, with the French frigate La, ,VUIe de M.Ian, com manded by Monsieur de Raynaud, tap tine de Valsseavi andmemher of the ler,ion of hoh'or, and monsieur Circt captaine .'e fregate, under jurymasts, which ship had been taken by the Leanderjsnd slse with his majesty's ship Cleopatra, tartain sir Robert Laurie, baronet, alo tnder jur j mast, retaken by the Lesnder. A cry desperate engagement had taken place heiween ih Cleopatra and U Villt t!s Milan, whkh en ded in the capture of tie former, and of w the following are some of the pirvcular , sta ted as aecoratcl; as we have been able to procure tkemi ' . - About ten o'tlock. A. M. rebniaryjU VUle de lilt hove In s.Eht, and the Cleopatra gave chase, hoisting A mtrican colors to imluce the other la bnnc to. U VUle de Milan, however, inunuee it 11 i

North Carolina Newspapers is powered by Chronam.

Digital North Carolina