North Carolina Newspapers

WAV ' M ! 1 Ur A - H , I IV 4 PUBLISHED (weekly) BY IL fitt '8ALL-W 1TUESDAV, DECEMBER 25, lid; 41 . - , ; ' '- -' - i 11 , i . CONGRESS. --- 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 .means. 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 .Monday next. 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.. :. jjLhadJ)eoJMinJtJubjecLxfjcbnsidM 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 lhelAmeinenchn-anifest-violation 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. , ; ARTICLE III. 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. ARTICLE IV. That the conduct "of the said Samuel Chase was marked, during the whole course of the I 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 REPORT. 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 mcanors. ARTICLE I. 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 intemperance: viz. 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 term. 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 tice. ' AHTICLKV. 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. ARTICLE VII. That, at a circuit court of the United States fpr lhe district of Delaware; . held at New j-.tlerinHhtrmouthfJuTTeTnone thousand 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. ARTICLE VIII. 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. December 3. 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 i i s - n a 1 u ...