WAV ' M ! 1 Ur A - H , I IV
PUBLISHED (weekly) BY IL fitt '8ALL-W
DECEMBER 25, lid;
- , ; ' '- -' - i 11 , i .
--- i, November 2 7
Mf . llicbardi frdim the joint committee of
wolfient, md a report that the joint re
resoliition of the twff house in relation to :
, ctptalh Docatur, his ofTicers, and crew was
found it pon examination to be correct.
The engrossed bitt feciaring the assent of
Congress to the act of North-Carolina reja
v ting to landi iaTcnncssee, was read the third
time, passed anl signed by ike Speaker.
On motion f Hr Nicholion the committee
oftbtf whole on tkbill for1 preserving peace
in the ports and iajtboar of th U. States
. and the. wWtr,iW?tt 'the VjttrtiffictfbV was
." drechfgedrihq 'thf "hiH was ; recommitted,
to the corirnittee, that reported the same:
f Mr. Crpwningshield from the committee of
, Commerce and manufactures reported in fa-
your of allowing a drawback on goods expor
ted from " the United States to that port,
when re-exported to a foreign country, with
a bill intended for. that purpose. Referred
to the committe of the whole on Friday, and
- in the meantime ordered to be printed.
Mr. J. Randolph reported from the com- '
v mittee of ways and means, a bill making fur
ther appropriation for the contingent fund of
the( house, for the current year, ad a partial
appropriation for the year 1805, which was
read twice, went through a committee of the
whole,' and was' ordered to be engrossed for a
third reading to-morrow
, . - - November 23.
' The engrossed bill for making further ap
propriation for the "contingent fiinfwas sign
ed, by .the .Speaker. . . .
message from the President informing
that he had acted upon the joint resolutiqn
ih favor of' captain Decatur, . officers and
cfewi . '- ' y.'.
' - J ' - - . November 29.
Mr. J. Clay presented a representation
and memorial signed by 237 American citi-.
zens settled in Louisiana, expressing their sa
tisfaction on the arrangement made in that
country as to its goveroment. Rife? red , to
the committee on that part of the President's
mesa.ge relative to the umelioratioa of the go-'
verrimentof Louisiana. . , , ,
Thchonie i rtiolved iUelf into a commiUee
of tbewhok, CesuVkmnm in the chair, on
the. bill . restraining merchant vessels from
arming and forcing a trade to St. Domingo,
; sundry amendments were made and reported
, to the bouse ; but finally the bill was recom
mitted to the committee of the whole for
Wednesday next. (
On motion of Mri 1. Randolph all the pa
pers of last session relating: to the Yazoo lands
were ordered to be printed.' ' A singulir clr-1
cumstancc gave rise ' to this motion. The
'pipers oh the" subject he observed, were lut
cut of the books of documents which are pre
i served for the use of the house. . , ,
. . . November 59. .
A message from the president of the Uni-'
ted Slatek, covering the treaties with the De
laware and Pehapkishaw, Indians, recom
mending provision to be made by law for car
rying the samti into execution.' ''
Hcfcrrcd to the committee of ways and
means. , ,
A letter from the Rev. Mr. Parkinon to
the Speaker, declining to accept the tfftcc of
Chaplain to the house was read and laid on
the table. .
Mr. NichoTw'n frohTthe committee on that
- subject reported a new bill for preerving
peace In ll'e orts and harbors of the United
. Slates', "id waters under their jur'ndiclioij.
Rtfcrrrd to a'committte of the whole on
JJjtulrtjutlcxtjjMLiu IU mean time ordered
to l-c printed.
Gen. Varaum presented ' a petition and
memorial from the gents of the company
aii'l others on the Ys.oo claim
Referred to the committee of ways and
Mr. Crownlngshicld called fof the nrder of
the day on the btll allotting a drawback on
ois exported frpm'Ncw-Orleins, kc. and
the sse went through a committee of the
vhftlet Mr.J.C. tfmkh in the tJtair. The
1iH wis efbrrwards ordered to be engrosved
fora tlMtil rrading.
The order of tae day otllhe bill for rcu
Ijting the clearing ef armed merchant vessels
sss tilled fori Uil ipA the rVo,uet or Mr.
Nicholson, whu stated the subject to be one
of lU h'm't importance now before the
hius, siid wihrd a little more time to con
sider the same ) it was further postponed till
On moii'm of Mr. ClaHK,roe th bouse
preceded to ballot foraChsplain in lUu of
,Mr. Parkinson rcM;ned ahd the Rev. Mr.
J. Irie wsscWctcd. .
Mr. J. Randolph from the committee tp
po'intrd n the H tnt. reported articles of
Wftachment igainM jmls Chase. They
w xt nearly the tine as reported at the last
rlon, esrept kt 5tli and tlh articles, which
re rcw uiirs.
. Mr. J. Randolph tnovr4 to refer theor
to coimueoi the wnoie on Mouaay
Mf. Elliott rosa to mote a more distsnt
dar and to affirm his reasons for the rnotiop.. :.
regret tha the present report nau been so ;,
long dejayed, and he had repeatedly exami- j
ned his own mind to imagine reasons fpt the.
delay. Twenty-four days agq ,thrf gentleman.
who now presented the report, announced toi:
the house his conviction that all the time,
which our political existence would airpw.
should be given to the person accused for the
purpose of making his defence ; and he'mov .
ved a rtf'Comnjitment of the report of the last.
sessios for the purpose of alteratroh or a-;(
taendrteht.r A solution of the difficulties ;,
a M 1 . a t ' . ll
wnicn nitre occupiea my mini upon mis. s.uo-
tect, said Mr. Ji. niay perhaps be' ToAmd Ji5
the rejMMfUjtsejf Jf Undersiand etn-J
oraccs accisauopn, ine cyiticnce wniv r
pose in the breasts pf ,. the. cem.mitJee alone,
and It has never been exhibited to the house.'
The course of proceeding may be parliameh
tary and proper, but it strikes my mind as
-possessinga very different character. At the
last session a voluminous, body of evidence"
was reported, upon which the house decided
the general question of impeachment. The
committee appointed to prepare and report
articles of impeachment, possess not the pow
" ers of a committee of enquiry, the inquiry
is already at an end,; they are only to reduce
to form the decision of the house upon the
'evidence before them; and if they have pro
ceeded to make a-tiew enquiry, to obtain new
evidence, and report new articles thereon,
they have wandered beyond the limits of their
duty ' Nor am I furnished with that intuitive
knowledge' of the right and yrong in cases of
this kind, which would be necessary to ena
ble me to decide almost instantly upon a ques
tion of such magnitude. AV hue it is our duty
to grant a reasonable time to the person ac
cused to make nis defence, it is indispensa
bly necessary to proceed not only with deli,
beration but with caution. He concluded bj
moving that the report be. made the order fok
Thursday next. 1
The question was taken on Thursday ai
tire most distant day, and lost, 40 voting fot
and 68 against it.
Wednesday was next tried and lost. f
It. was then ordered for Monday, and in the
mean time to be printed.
On motion of Gen Varnum a committee
of five was appointed - to revive the rules
and j$oliortVor ttve government of the ar
my of the United States with leave to report
by bill. .
by counsel iti. his defence; to the disgrace of
of law and justice, , and in open . contempt
of the'righ'ts of juries,' on which, ultimate-
ly, resi me imeriy ana saieiy oime Amenf
can people r .
v.- ARTICLE II.
. ;Tfiat prompted by a similar spirit of per
secution and injustice at a circuit court of
the United States, held at' Richmond in the
month of Mav, one thousand eierht hundred,
for the district oflVirgiiiia, whereat the said 'J
Samuel Chase presided,' nd before which a.
certain Janies Thompson. CalTendar was -ai
jaignjed fciaa lilwl bh John' Adams then:pr
Chase, with intent to. opnSHa procure r
the conviction of the JKaiil. vendiir, did over
mle tlie objection of John Basset, one of the
jury,' who .wished m be excused from, ser
vingon the said' trjat because he had made tip
his mind, as to the publication from which
the wordsi charged to be libellous in the in
dictment,'ver'e extracted '.; end the said.Ras
set was jrccprdinirji sworn, and did serve on .
the said jury, by whose verdict the 'prisoner
was subsequently convicted. , ;
That, with intent to oppress and procure
the conviction of the prisoner, the evidence of
John Taylor, a material witness on behalf of
the aforesaid Callendar, was not permitted by
the said Samuel Chase to be given in, on pre
tence that the said witness could hot prove
the truth of the whole of.one of the charges,
contained in the indictment, although the
said charge embraced more than one fact.
That the conduct "of the said Samuel Chase
was marked, during the whole course of the
THE committee to whom was ft ferred on
the 6th inst. the report of a select committee
appointed on the 13th of March last, 44 to
prepare and, report articles of impeachment
against Samuel Chase, one of the associate
justices of the'Supreme Court of the United
States," submit to the house the following
Articles exhibited by the house of represen
tatives ol the united Mates, in the name
of themselves and of ail the people of the
United Stales, against Samuel Chase, one
of the associate justices of the Supreme
Court ol the united Mates, . jn irumten
ance and support bf their impeachment a
gainst him lor high crimes and misde
THAT, unmindful of the solemn duties of
his office, and Contrary . to the sacred obliga
tion by which he looa bound to discharge
them ' faithfully and impartially, and with
out respect" to persons," the said Samuel
Chase, on the trial f John Fries, charged
with treason before the circuit court of the
United States, held, for the district of Penn
sylvania,inthe city of Philadelphia, durint?
.the. niuntbs of April and May one thousand
eight t hundred, tihcreat.tUe sid Samuel
Chae presided, did, in hit judicial capacity,
conduct himself in a manner highly arbitrary t
oppressive, and unjust, viz i
I. In deliseringan opinion in writing, on
the question of the law. on the construction
of which the defence of the accused materi
ally depended, lending to prejudice the
minds of the jury agalntt the case of the said
John Fries, the prisoner, before counsel had
been heard in his defence t .
' 2. In restricting the counsel for the said
Tries from recurring to such English autho
rities at they believed apposite, or from cl
. ting certsio statute i of the United Stales,
Inch thcr deemed illustrative of the post.
a't.s.t. a . .
nons, upon wmcn nicy imenaea to rest the
defence of their client i
3. In debaring the prisoner from his con
stitutionsl privilege of addressing the jury
(through hit counsel) nn the law, at well
on the fact, which wis to determine,
his guilt, or innocence, and at the tame time
endtavouring to wrest from the jury their in
disputable riht tp hear argument, and de
termine upon the question of law, at well at
the ajuetsion ol fact, involved in the verdict
which they wtre required to give.
In concqucnce of which !rrfufar conduct
fthctid Samuel Chase, at dangerout to
our liberties, at it it novel to Our laws and u
sages, the sat J John Fries was deprived of
the right, Secured to him by the lih article a
mendatory of the constitution, and was con
detuned to cUath, without hating been heard,
said trial, by mnnifest injustice, partiality and
1. In compelling the prisoner's counsel to
reduce to writing, and submit to the inspec
tion of the court, for their ''admission or re
jection, all questions which the said counsel
.meant to propound to the above named John
Taylor, the witness.
2. In refusing to postpone the trial, altho'
ah Affidavit was regularlv filed, 6tlig thtabr
s'ence of material witntsses on behalf of the
accused : and althoucrlf it was manifest, tfiat.
with the utmost diligence, the attendance of
,sucb witnesses could not be procured, at that
3. In the use of u nusual, rude, and ctn-
fcniptuous expressions towards the prisoners
lounstl ; and in falsely insinuating that they
vished to excite the public fears and indig
sation and to produce that insubordination to
hw, to which the conduct oflhe judge, at the
ume time, manifestly tended i
4. In repeated artdf vexatious interruption
sf the said counsel, on' the part of the said
'ulge, which, at length, induced them to a
andon their cause and their client, who was
thereupon convicted and condemned to fine
ind imprisonment :
5. In an indecent solicitude, manifested
ky the said Samuel Chase, for theconvictioa
t( the accused, unbecoming even a public
pi-osctutor, but highly disgraceful to the cha
racter of a judge as it was subversive sf jus
Ami whereas, it is provided bftbe actof
Congress passed on the 24th day of Septem
ber, 1789, entitled 44 An act to establish the
judicial; courts of the United States," that for
any crime, or offence, against the U. States,
the offender may be arrested, imprisoned, or
bailed, agreeably to the usual mode of pro
cess in the state where such offender may be
found ', and whereas, it is provided by the law
of Virginia, that upon presentnient-by any-
grand jury or an ohente hot capital, the court
anaii oruer ineciera to issue a summons a-
gainst the person, or persons, offendintr, to
appear and answer such presentment at the
next court vet the said Samuel Chase did,
at the court aforesaid, award a capias against
the bodv of the uid Jamet Thompson Cab
lendar, Indicted for an offence not capital,
w hereupon the said Cfllcudar was arrested
and committed to cloie custody, contrary to
Uw in that case mde and provided ,
. ARTICLE VI.
And whereas it ia provided by the 54th sec
lion of the aforesaid act entitled An act to
establish the judicial courts of the U. States,"
that the laws of the several slates, except
where the constitution, treaties, or statutes of
the United Statea shall otherwise require,
or provide, shall be regarded as the rules of
decir.ion In trial at common law, in the courts
of the United States, In cases where they ap
ply and whereat by the laws or Virginia it
is provided, that in cases not capital, the of
fender shsll not be held to ant wer any pre
setttroent cf a grand jory. Until the Court
next succeeding that during which such pre
tentmcnt shall hate been made, yet the taid
Samuel Chase, with intent to oppress and pro
cure the conviction of the said JtmciThemp-
ton Callendar, did, at the court aforesaid,
rule and adjudge the said Callendar to trial,
during the tetm at which he, the said Callen
dar, was presented and indicted, contrary to
law in that case made and provided.
That, at a circuit court of the United States
fpr lhe district of Delaware; . held at New
e ight hundred, ,w licit at the said Samuel -
Chase presided, the said Samuel Chase, dis
Tejrardinp: the duties of his office. i'id descend
fi ani the office of a judge and stoop to ' the
. level of an informer, by refusing to ttisfharg
the grand jury, although entreated by seve -
t-al of the suid, jury so to do, ami after the said :
grand jury had regularly declared through -
their" foi-eman, that they had foimd no bills
of i,ndictment, nor hadany presentments to
mav:e, Dy ooserving so tne said grand jury tb
that he, the said : Samuel Chase, Understood
that abVrhly .Beditiaiis 4mp -r bad roanifes ' ;
ted ftself ifi the state of Dt4av&iH:V asttong ft " "
icenai'nrlaSS of fct; particularly in New- - ,
Castle county; and tnore . especially in the -town
of Wilmingtboi' where lived a most se
ditious printer, unrestrained by any 'prihet ;
pie pf virtue, and regardless of social ordci4
that the name of this printer Was" but
checking himself as if sensible of the .inde
corum which he Was committing, added
that it might be assuming too much to
mention the name of this person, but it be
comes your dutyr gentlemen, to enquire dU
ligently into this raatter," or words-, to that
effect : and that with intention to procure the '
prosecution of the printer in question, the said
Sahuiel Chase did, moreover authoritatively
enjoin on the district attorney of the . United
States the necessity of procuring a file of pa- .
pcrs to which he alluded, (and which were
understood to he those published under the ;
title of the "Mirror of theTimes atwl General
Advertiser,") ahd by,a strict examination of
tlwni to find some passage which might fur- "
nish the ground work of a prosecution against "
he printer of the Raid paper tLtheVcby de
gToding his high judicial functions, and ten"
ding to impair the public confidence in. and v
r respect for, the tribunals of justice, so essen
tial u me general wellare.
And , whereas mutual respect and confi
deuce, between the government of the United
States and those of the individual states, and
between the people andhose governments. ,
respectively, are highly conducive to that
public harmony, without which there ran be
no public hoppinuss, yet the said Samuel
Chase, disregarding the (Juijes and dignity
of his judicial characjejp, did at a circuit
court; for the district of Maryland, held at
Rahlmore, in the month of May, che thou
sand eight hundred and three, pervert his
t)lTicial right and duty to address the graml
jury then and -there assembled, cn the mat?
ter coming within the province of the snid
jury, for the purpose of delivering tu lhd
grand jury an intemperate and inflammato
ry political harrangue, with inttntuo excite
the fears and resentment of the snid grsnd
jury, and of the good people of Maryland
against ineir state government and constnu
tioh, a cohduct bighlv censurable in any. Ink
peculiarly indecent and imbecomimr, inaiiir-
judge ot the supreme court of the United
States, and moreoverrthat the said Samuel
Chase, then and there tinder Pretrhce of ex
tmaiiiK ins juuiciai rigni 10 accirrss the icid
. - . ...
Krai.o jury, at aioiesaKl,.did, ih a nifiinef
highly unwananlable, endeavour to excite
the odium tf the so id grand jury, and of the
gooa people ot Mar) land against the govern
ment of the United States, by delivering-o-pinions,
which, even if the judicial authority
wtre competent to thtir expressions tn a
suitable occasion and in a proper manner,
were at that time as delivered by him, highly
indecent, extra-judicial and tending to prosti
tute the high judicial character with which he
was inve ste d to the low purpose of an election
.leering partisan ;.
.And the house of representatives, bv nro
testation, saving to themselves tlwe liberty of
cxnimung,ai any time nereaiter ar.y lurther
articles, or Ctler accusation or impeachment
againsiine said Samuel Lhase. si.d also re
plying to-his answers which he shall make
uhto the said articles, tr any of them, and of
oITeting proof to all and esery other articles,
iiiipvaLiuncm, ur accutaiion, wnicn snail r,e
exhibited by them, as the caic shall rt quire,
no drmand that the.taid Samuel Chase
may be put to anawer the said crimes and
midcmcahora,arHl that such proccdirgs, ex
aminations, trials and judgmcatt, may Imj
thereupon had and tlvtn.as are agreeable to
law and justice.
Mr. Nicholsob DrcstMed a memorial from
the inhabitants of Louivisna, said to be sign'
eo oy souo htads or families, which takes a
view of the law a of the United States, fof
their territorial Government He obter
sed that the thrte gentlemen appointed from
that covntry had requested him to atate that
the copy which appealed in our papers in l ho,
course of the last summer was by no mesna
aulhentic, many eipreationtaa well at ideal
in that do not appear in this, and there are
expressions and ideas used in this list r
not to be found.in that. The translation that
sere nijoniet the French original though cor
rett, may contain exprcttiona that the housfi
will have to pardon, aicnbmg them to thet
fctlingt of inhtbitsnts so pecbliafty lituatedf
and not to any want of repcct for the Go
vernment ofihc Union they labetirtd tncler