.4 f ' J 1
f )
-.. .--'-v'. f-.. - --v- r::V- p7w: '
r.. . ' ' f ) 1 iii ' ') nil . i.iiii i ii i i i 'i
4
Two c A HALF DOL
A.vN. Payable half Yea,
; ;- ' ' - 1 1 ' : - ! '. hi ' " 1 ,' 1 I' '.'
ETW9 DOUARI HI ASM,
j "Payable in Abai''
raleigii, c.) MmB?c4$Vh&9??W-.
U . '- " i- " -
No. 419
ii7or of the FEDERAL GAZE TTE,
Gentlemen,.. ,;V .v..
As soon as there appeared reason for be
lieving, that the house of representatives in--tended
to adjourn, without preferring arti
cles before the senate in support of the im
pcachment voted .against me, the inclosed
memoriai was prepared and transmitted (on
Saturday last) to a meniber, with a request
that heTwould present it, ii such an intention
should be ascertained to eisit. On last
Monday, the morning ofjhelay- previous
lv fixed for adjournment, by a joint resolu
tion of both houses, articles of impeach
ment werv rt-ported by the committee ; but
It was cl'-arlv impossible for the house to
act- upon the in j nof does the time untii
: which they were kpt back, leave the Jeast
rboirt for supposing, that the. committee,
who 'na.le the' report, intended, tliat they
( shouid pe acted upon before adjournment.
Hot whatever mav have, been the inten-
tipn with which they wereported, at such
he is accused, and to direct bir tentron J:!
. .u.-- : io-.,: frrt t.ioitcv the accused naxtv. . AU these met
immef utc v to tne mtans necesaiy yi:
proving his innocence, and vindicating his
they will pass Ukthe public prints, under
the sancti'oq ofXommittee of congress, &
even underrtn apparent sanction of the
house itselt ; an4 that t tncy. contain tne
journment is about to take place, .ivitp5ut
any thing of. this kind "being donethat a
vote of impeachment, restitrg on no precise
or specific charges or facts, ?,rfd supported
only by ex-parte tes ti m onyf is about, to be
left hanging, for -ysitL).
head j and that the puWication of this testi
mpnyls permitted; in such a way as to. ren
der It most iniufious to his reputation,vith-
utleaviBgr-to-bim'th'e- pbiUtyij2l
bat'mg it by counterprool : hi$ auty to uui
character; which, he has" supported unim
pfc'aclied during a period of foty years, thro
ail the troubles, difficultrcsf'fcnd dangers of
the American revolution ; to his family,
whose hap))iness,repcctabilVty, and estabr
lishmcnt in lif are materialiy implicated
in whatever (joncerfis his good name ; to his
country, which has honoretThitn with- Trta
nv high and impqrtantjrusts ; to his office,
which requires a reputation not only, un:
epot tu r-but HvnMipccte U-? ana to mm sen r
forbids him to remain longer in silence.
He .therefore-respectfully solicits and m
treais, ', that your honoralile body-' will not
Suner an aujMuniiuciii iv ir.c )mic, imm
. , ... -r.. . . i i,- i " " ' . .
tioi&tfv the accused paxtv. . AUJtnese met
fumane provisions are tstablishtd by our
character. But finding, at last, that an laws for the protection M innoc,ce, not
fovE'Jc d and,, Vexiiiirou '"encuir'-7- -Every
principle, of reason, of justice, aricl of jaw,
and vvery, precedent, that deserves or has
rece ived the weigfit of authority, concur in
requiring thp full application of these pro
visions to the case of impeachment.
A d yet in thb prt)Secution all these pro
vkfoiis have been completely disregarded.
An iVquiry has been instituted of the most
e rfc'u slm prTioTlTe" p a f tjc c rt i ,"6nlhe
mti't suggestion 'of -'member .in his place,
unsi:pvtcd Jjy oatbor by any specific
statfTtyu vl ;tact- AvbKKjf s-ippor'ted by
oath yfould have jus; ! fied . rrnquiry. This
f-hhr ".. A instituted in a mannerthe most
unprsi:da;ttdand alarming, far irony being
contju.-cl to any :.pecinc charge. or lact, is ex-trnfi-.U
to the' wholeofficial conduct of a
judjuc who has. been alcove eight years in
V-fiut . and 'authorises the most minutein-
Jui-:ion of'kis most unrruarded and most
inc 4 ;idc ra!)lc '.Voi rTs and actions
r "...
out the whole period, it cannot escape..
our honorable body, how formidable an
engrne. of Oppression, such an enquiry must
n.t 'vd ind fiinamedxonstruction, arn, leSof imncachment shaU bsve been pre- I lhe lla,,Vs tfl Fcrs0i13 d.spor-to
WpCri IV. Was pu31CAiC iui jvri - if ncu faiini. nun. i imo, aiumvw
piri t,toput otfthe-ci-parte evKjenc, whercr . mediate . trial, which his feelings-.would
on the vote of impeachment was founded, lead him to prefer,' may notJie jinssible at
they, will become a very powerful engine in this protracted per'n -u of the !5esidn, still
tile nanus oi caiurauiaioia . s6" I newui ue cnauicu, ki,wviu tne . pim -i.
was the intention wherewHb this step was
taken, his respect for the body by whkh it
was authorised, forbids him to harbour sucli
a suspicion. . ; Bujt such may be the effect c
such it must bein his apprebefisionj unless
your hon. body, bypVeftrring specific charg
es against him immediately shall enable him
to nrenare sDecdiU and efficaciously for
justifiying his conduct and defending bis
character, against tne unjust ana wanton as
perajons with ythkhtfiistesti mony abounds.
TW receftt.pubTTcation of this testimony,
in a Gazette. understood t'o be the efficial
organ of the government, and thence com-
munteaxw an toat-cwrater sanconw-
r
r
tn whatever o" this nature apnears ift it, is a
circumstance c ilculated tq irfcre jse, in a ve
t. jffreat degree,- th mis"ebic' oustiFects of
the testimony, itself, and renders still more"
i mpbrtant the measure which jour merho-
rialist so earnestly solicits. Train this Ga
zette, thepubUcaiqn will pass into others j
and thus the most virulent misrepresenta
tions of his conduct, and slanders on his
character, sanctioned too, in some degree,
w the vnte nf 5 mfteatbment. will be sore ad
test unuaroeci aim inoM iv -r:iv ; .
iVorris and actions, throupli- iniugguiuis v uvMf , ,r 77
tJ.tV.IIU IU mitllll.uuiii,iiv f ........
portunity of refuting themmust, of neces
sity, be delayed for a considerable time, 8t
if articles of impeachment are hot immedi
ately exhibited, nv$ be postponed to a very
distant periods
He is still more strongly impressed with
the necessity of demanding, as a sacred
Your mt momlist is far from in-
sin.uatinr' that such has been the ca'se in the
present. instance. 1 his rhsirfuation he could
not make, '.or even suspect to be well found-'
for heightening to the utmost the prejudices
and odium, which all the former proceedings-in
this case are so well calculated to
excite. ;
The report of these article", prevented
the memori4tf0!D being presented i "the
member to whom it was sent having jjeen
charges against hiuv, to make vigorous.
speedy and eiiectiK'i pn paranons lor his
defence, to rt pel the malignant ralumnies
by whu h he is industriously' :ud unceisirg
lv assailt d,'an4fd' to vindicate tliat inno
cence, for which 4ie solemnly appeals to the
A mirhtlv bearcher ot hearts, to the test!
edi'. without derccating fiom .the. respect
.. . . . . . 1 . 1 -. t. u
Ui ought to ne msvirca by so eievaiea a
bndy but the soundness of principles is ir
no afliVcr eo1 well tested as by the cpnse
oneVires to which thevlt'ad.- And although
'.tihnot "be suspected that this honorable
hr&iis nnclei- the Influence of naft.v spiritT
. . .. .
rfam views, or j'rdividual malice, yet it is
of opinion, that the caseJTn whTcTT ?t was m0ny pFhls owipnsvJJnce, to hw"tounti
wnxr wish tn hv it ni-eented. did ftO lonff'er I aH to an imnartial nosteritv.
J: n : .1 .'1 . 1 . U.,.. p .i'.i. 1'.:. If
rvist. nut as tnesc aruueb iwvc uui wttw jr0TT: arrnzaimti 10 imicu u
H
xexcrnptibp
adopted by the house, or even considered ; TOm the-. usual.'pcaAieirofHrr
j as thef must be taken op af next seaside, &
may then beLrejected or whoilv varied ; as
thercKarses';-wnicfe I' amVanswer, anxl a
' gainst which I' ought to .have lK-en placed
r-tcrac situation' to prrpsre for 4rriding"y.
;rsetf," ire thus lelt in the' &amestate' of uu
- certamty" before the report 'V and .a- this
I, 't "Hii j n i' To I'V'' i.rU''ii" XBaii" i'
r , .r-- -
i anrmiMUiv iu vt.c. muui i i'
tfaf -when this latal
1 -
- , j '
ri'trht. this immediate exhibition of articles.
Xvhen he reflects on the manner in which the '
impeachment wa voted. It is in vamthat
he has looked, )p Ais vote and in the rerx)rt
of the commiltTC - on which it is founded,
lor a statement or even a rintoitne,oitenc-
. 1 1 1 j. -1 -j V' ti : .
cs witn wnicn ne sianus cnargcy iac 19 j -i
i.,h-. . K., "r. urViof tK Ii"tVi rrimp1 ' i?t ' " fi
' ' - 'I
' '
i
aUiiijit
m - 1
nassion takes iiul no
e mind, it completely stiucs
arty spirit, & an.a -mmuerocwoi T3') vr" -
confidently appeals to that dread Tribunal
where hejand his accusers must one day ap
- . r ti 1 "
report, far7rb?iiicwmpU.shing the object peai where the inmost recesses of all hearts
which the mJmoriateeks,' can have no p- -aJl be laid open, the most hidden motives
ther effect tnan'tbyncreaseand aggravate 0f conduct shall, be revealed, .and 'calumny,,
the iniurics wlimoNt complains j i deem malice, and party, bhali forever be put to
ltDroner now 10 ma.c u uuwa, 1 Euence.
peal to my country, to the world, and to
posterity, against the injustice and illegality
nf thenroceedintrs in this case, and as a so-
lemn protest against the principles on which
they are, founded. I therefore request that
you will please to insert it, with this letter,
. in your useful and respectable paper. ';".'
" "That' irma
01 the articles reported by the committee is
- not erroneous, I'enclcfse a topypi thm, v&
request that you will insert them after the
, memorial. It is -'proper to state that four
mittee, who reported the articles were n, j so great a lapse of
same members who collected and reported l'
the testimony ; and thatlourteen cays eiaps-; of Vprocuticn the most solemn nown
ed beweeo'the time, whj s-eommittee . td that this prosecution, so long
, -was ordered to report articles, and the time., cdhould be tommenced precisely at
; yvhenthe rertwasactuaUy-mad
- - posed by many, ho' he hopes unjustly, to
- th viiw with which it was kent batfclintlLf J . , t . T r . . i . .
the last of the session. Ilad the' report
-' . been made sooner, as it mjghreasily'haye
been rcji ctedj by the house ; or might at
leant have been deprived, bv amendments,
ofp?rt of their wanton venom and abuse, t
.1 am, gentlemen.
He is the more strpnly induced to urge,
this request, and to express his earnest
hone that it will hot be refused, by those
reflections which it has not beiriiuhis pmr4
er to avoid making, on the-course hitherto
pursued in this prosecution. ,
That hars-sQ;t-eig!vty-a-to Ttis$pri;
judge of. the supreme court a fit object o!
impeachment for high crimesaiiU misile
meanors, should- have bcnsuflred to Vest
h oblivion for four years ; although they
.art-..l'punde.ci.PtLa.?t6 perfectly notorious in
their natureahdperlectly , well known to
r'r -bred.- The teitimonv collecttd by the
S lej&tistice and bu'manitv, cotittdmzmty of
Ai' 4. " , r t . 1 t.- ct 1,1 .1 firta.whirmav constitute the.erounds of
a; riiirara lor law anti rignu. wum w.i-1 r . X ci '
T Y... ' -'i' . ,x 1 wuMn a accusation. The printiples of justice and
s, lawrand the uniform course of pracUce
npS?3e'd in requiring, jtal each of the6e facts.
deiire- to criminate a judged pr each that it "."i
order to-heap odium on the iartv wth be purty the PO". iof i"
. 1. . : "..i . A,J;i,nf specific charge and made the subject ot a
distinct resolutipn. The sense of the house
woulcrtheh'haye been" expressed tjn every
charge, separately ind each would have
been supported or rejected, according to
the opinion entertained by the majority, re
specting its truth and its sufficiency. Your
memorialist would then have, known, even
W-W '-what-itus. of which he.
stand3 accused, and to. what points-1 di--rect
his preparations for defence. His fa
mily, his friends, his country, & the 'world,
would have known what. it is that has-been,
railed. " hifrh crimes and misdemeanors
and would have been enabled to judge how
rriYir.ected : when a nreident,
atthv head of this-rnijoritv anduidingits
nations', shall p-sire. from mouvcs-01 pri
vate resentment,- the rW of ny judge ;
wiienthe schemes ottne tfominant pari),
en tne stiitmes itjmc iiuwm r '
,.r : i..l.., -ts uav tHS-niiit(1he removal
Ul Ul 113 UKUlliij '"ly'j".'- ,
of all aim, u right tfd independent judges,
litVrtm ot others more conir
.in. 1 h Kill
W-Vt.V . - " . ' .
plying oom.it timid when the, necessities
ol aiavonte partisan may require mc ic-
vai n a ludcel uvfirder to create va-
f ,lTu:e ; should such a disastrou!'
1 ttmi:.
Tcwr obedient ert'ant.
SAMUEL CIIA3E.
hf favourable to its succesr,, Kadiaken place :
are circumstances but little calculated to im
part confidence to the lv. art of innocence,
of to quiet those alarms whkh she may ..feel
when opposed to imccrntroliecl power. -
Nor is the manner of comn-itneinnr
hYoecuticn, more consolinrr than the time.
. , ', . . 1 - rf 1 1 ; .
-formal enquiry.into tne urncm conavict
Baltimore, March29th 1 80i:
' Tp thehvnvrcihk the Hcmerhtntatlvei
1 ' 'ejjfe United Staph ',. ; .. . v"
'Tht fl7'l'7.ift""
5- -r jtffcaffibeforimttwrt. (ffyJJnild States.
VVith the respect'due ta"a branch of the
f government of his country ;but with the
: ir!mkness syhich" conscious ;and-injurednT
nocence has a right to assume; and which;
" an eaily,"zealous, and constant supporter o.
r American liberty ought to use ; your roe
: rnOrjalist approaches yoPr honorable bochv;
4to4ay-hrs complaint at your feet, and tocal.l
" ,on vour justice for redress.-. ' : :
, He has delayed thislsteprhtiHp; late-a
; period of the session, because, he .tiU in.
fed-tfifrlfopeV yur HoftorW
7::ix' -i.rfn without reducing the
1 . . . t-.'im tn sdme socciiic torm ;
that hfe bcenabled to know of what
-JtXl i---., J ' -. : , , :
of a judge, tnustalway be to hurra ..mattex
of verv smous-motment. Ir rWTstTways
expose-him to very great uneasinrs", and
iut ind injurious suspicions' ; Itfowhctly
inrnnsiSieni wiui mww""ir- i
ciples of our laws, tosnbject a citizen to
eyila ot tnia
kindwithoitt some pecific ac-
stinpn facts2jIsely..:S(ate'cit--
riiitinn . TP
and : suppprtetl by such proof on oath, as
rnuera uicu.c""""' -: i r- ; ------
No inant. however mean nis conuiipn, or
however infamous his character, -can be
t. jt..i i-iVn r inderoJthEnSuirvf-
uuuuu m . o . . - - - .
n'd ;iiVvl without such an accusation, and.
lSich proof."" grantl jury cannot listento
arty accusation jaiuat a uwi, wii"'-,
,io bis conduct, much" less nut him up6n
his trial by finding "a ; presentmeht ragalpst"
him, unless auuu u i,vujauuiiv ju
be first adduced and the person rnahcious
ly instigating the- enquiry is liable, in case
WrioH ever arrive, as the history ot other
free orvemmenis informs us it may ,'n what
j - . . . . . - 1
innocent be able to .snicld himseit against 1 . . , V'f ; 1-- --.
the thrusu of such a weapon, , as this spe
cies of enquiry, :nstitvxted in 'such a man
ner and on such prn'.C'P'es, cannot lan .10
farnlhh t Your .-.memorialist tremble's-for
the honor of his country, arid iOr the suc
cess of republican government "in this her
ast and iairest experiment, mucn- more
than fof his own safety, when be reflects on
the excesses that .under 6ucn a tioan iii.iy u
commuted. ..
Does the manner in which this enqufry
ha-s been conducted; present anv cohsidera-
t-mns c a t-nlated to remove or pimimsn tne
alarm excited bv its commencefnent ? Eai
"orhVrwi'sti-I- A cteat mass of tes ti mony hras
1ecn taken which though calculat?pVlo aif,
fecv your-niemorialist in the mosrmateriai
manner "htf has had ro oppomrnrty of con
Tittn7clsexlnTrarniror exnlaimnjr.
ThKtrttmony;in theTaMngpidikh sqmeJ
imhviduals were allowed to indulge mem
selves ;hrihef mps!
gainst your memorialist,' and to cloath with
Sanction of an Oath, the
malicioeffi
'imptec-aMe resehtmejjt ithis testimouythus
tarnished with the deep stain of partiality,
bairff! and revencre. was printed piece meal,
1 tbf nrotress of the enquiry and tliough
' v.-. f
thus to be employed asr a mean 01 oeepiy
wniin.Unor tbH-renutation of vour memorial-
., .-0 --1 . . . . .
ist, 'of exciting universal odium .-gainst him,'
and of pfeparing tbeway for a certain com
demnatiori, when a clamour shall have been
excited, strong enough to drown the voice
of reason.- truth and iustice. , :..r.ir.-
Your tnemorialist bv ho means w'HeS
to be understood as insinuating, that such
in-l ihti -farm the liroof.
. rr 1 . . I n Arf.nr it, lrhirh
i. nere is anoitiei. jJuiuUjWi-itvTT i ,...
yourjmrnorialist defms itliimcfecl duty,
a duty to his country more dahjto himself,'
aduty which no consideratron shall prevent
him from performing, to"cnter bis most so
lemn protest againstthis part .of -the pro-.' -rwiWnt..
Tlis nfotcst may not now be s-
heard. The passions ana prejuoices. 01 fne
moment may drown his voice. But it will -one
daye heard and seriously ITstened to.
The American people wH hear it, posterity .
vUf liar 't and the lovers of liberty, it
......... -1- - .; , '.-
evejy age and country will unite in asserv
ihg the justice of his complaint.
, He complains that by the method pursu
ed in voting thi impeachment, a majority .
h s hren obtained in favor of the cCticTal
vote, while it is (iossiUemd xvenprpbable:
'LV
tha there iMotaJmajority
one ot the separate cnargo uu ?
vote is founded, v ipe.accusanou inai.
him; so far as can be collected from the tes- -
timony ind from tm speeches joJLmenjDen,.
We. vf rv various. TLet it be shppbsed that .
four charges- are chiefly relied on viz; the: ;v
trial pi r rics, - uic.u mi, v ;
proceeding at ewXastle, and the charge
to tne granu-jury m v. -- r. .,
fprtfv manifest these charces are wholly dis-
t'mrr ancAnnot siiDnort or strenciheneach
otner. jcacn.is a mnutivii i"t v. ,
iii-ai".-rV'v--in favour ot. eacn seoaratciv. oe- , ,v
foreitcanbe mad,the ground of lmraoh- - -, f .-. '
men v'x.v ': ';V :.'x2:- ;i
ly ' possible'-feit lu ghlr
members' and Vip moi wnside?el the con-
dactof ycui- irmvrUt iat&ftijll of Fries, -3.;.
'v:
JK"3 -1"
ft..:.
-v.- -i .-
.r
? :l
J-c""''.rit;'' -
" ft 4' -