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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;rgh.to 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'reUtes.to.the.anicle 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 cduntryrev.ee -
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, (irime.bv 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 to.be 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 preicr.ee 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 b.ch
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