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ASTOR, LENOX AND
DISTRICT OF COLUMBIA, to wit:
BE IT REMEMBERED, that on this twenty third day of
April, in the year of our Lord eighteen hundred and five, SEAL.
Samuel H. Smith, of the said district, hath deposited in the
clerk's office of the district court of the United States for the district of Columbia, the title of a book the right whereof he claims as author, in the words following, to wit: “ The trial of Samuel Chase, an associate “ justice of the supreme court of the United States, impeached by the House “ of Refiresentatives for high crimes and misdemeanors, before the Senate
of the United States, taken in short hand by Samuel H. Smith and Thomas « Lloyd," in conformity to the act of Congress of the United States entitled an act for the encouragement of learning by securing the copies of maps, charts and books to the authors and proprietors of such copies during the time therein mentioned.
G. DENEALE, CLK. DIST. COLUM.
THE following report of the trial of Samuel Chase has been drawn up with the greatest care. To guard against misconception or omission, two individuals, one of whom is a professional stenographer, were constantly engaged during the whole course of the trial; and the arguments of the managers and counsel have in most instances, and wherever it was attainable, been revised by them. It is with some satisfaction that the editor of this impression is enabled, under these circumstances, to submit to the public a tract, whose fidelity and comprehensiveness, he hopes, will amply reward the interest so deeply excited by the progress and issue of this important trial.
The second volume is in the press, and will be published in a short time.
IMPEACHMENT OF SAMUEL CHASE:
MEASURES PRELIMINARY TO THE TRIAL.
ON the fifth day of January 1804, Mr. J. Randolph, a member of the House of Representatives of the United States, rose and address. ed that body to the following effect :
He observed “ That no people were more fully impressed with the importance of preserving unpolluted the fountain of justice than the citizens of these states. With this view the constitution of the United States, and of many of the states also, had rendered the magistrates who decided judicially between the state and its offending citizens, and between man and man, more independent than those of any other country in the world, in the hope that every inducement, whether of intimida. tion or seduction, which could cause them to swerve from the duty assigned to them, might be removed. But such was the frailty of human nature, that there was no precaution by which our integrity and honor could be preserved, in case we were deficient in that duty which we owed to ourselves. In consequence, sir,” said Mr. Randolph, “ of this unfortunate condition of man, we have been obliged, but yesterday, to prefer an accusation against a judge of the United States, who has been found wanting in his duty to himself and his country. At the last session of Congress, a gentleman from Pennsylvania did, in his place, (on a bill to amend the judicial system of the United States) state certain facts, in relation to the official conduct of an eminent judicial character, which I then thought, and still think, the House bound to notice. But the lateness of the session (for we had, if I mistake not, scarce a fortnight remaining) precluding all possibility of bringing the subject to any efficient result, did not then think proper to take any steps in the business: Finding my attention, however, thus drawn to a consideration of the character of the officer in question, I made it my business, considering it my duty, as well to inyself as those whom I represent, to investigate the charges then made and the official character of the judge, in general. The result having convinced me that there exists ground of impeachment against this officer, I demand an enquiry into his conduct, and therefore submit to the House the following resolution:
Resolved, That a committee be appointed to 'enquire into the official conduct of SAMUEL CHASE, one of the associate justices of the supreme court of the United States, and to report their opinion, whether the said Samuel Chase hath so acted in his judicial capacity as to require the interposition of the constitutional power of this House.”
A short debate immediately arose on this motion, which was advocated by Messrs. J. Randolph, Smilie, and J. Clay; and opposed by Mr. Elliot. Several members supported a motion to postpone it until the ensuing day, which was superseded by an adjournment of the House.
The House, on the next day, resumed the consideration of Mr. Randolph's motion, which was supported by Mr. Smilie, and, on the motion of Mr. Leib, so amended as to embrace an enquiry into the official conduct of Kichard Peters, district judge for the district of Pennsylvania. On the motion, thus amended, further debate arose, which occupied the greater part of this and the ensuing day. It was supported by Messrs. Findley, Jackson, Nicholson, Holland, J. Randolph, Eustis, Early, Smilie, and Eppes, and opposed by Messrs. Lowndes, R. Griswold, Elliot, Dennis, Griffin, Thatcher, Huger, and Dana. Some ineffectual attempts were made to amend the resolution, when the final question was taken on the resolution, as amended, in the following words :
Resotved, That a committee be appointed to enquire into the official conduct of Samuel Chase, one of the associate justices of the supreme court of the United States, and of Richard Peters, district judge of the district of Pennsylvania, and to report their opinion, whether the said Samuel Chase and Richard Peters, or either of them, have so acted in their judicial capacity, as. to require the interposition of the constitutional power of this house.
And resolved in the affirmative, Yeas 81.... Nays 40; as follow :
Those who voted in the affirmative, are,
Willis Alston, junior, Nathaniel Alexander, David Bard, George Michael Bedinger, Phanuel Bishop, William Blackledge, Adam 1 yd, John Boyle, Robert Brown, Joseph Bryan, William Butler, Levi Cas y, Joseph Clay, John Clopton, Jacob Crowninshield, Richard Cutts, William Dickson, John B. Earle, Peter Early, Ebenezer Elmer, John W. Eppes, Wiltiam Eustis, William Findley, John Fowler, James Gillespie, Edwin Gray, Andrew Gregst, John A. Hanna, Josiah Hasbrouck, William Hoge, James Holland, David Holmes, John G. Jackson, Walter Jones, William Kennedy, Nehemiah Knight, Michael Leib, John B. C. Lucas, Matthew Lyon, Ana drew M‘Cord, David Meriwether, Nicholas R. Moore, Thomas Moore, Jeremiah Morrow, Anthony New, Thomas Newton, junior, Joseph H. Nicholson, Gideon Olin, Beriah Palmer, John Patterson, Oliver Phelps, John Randolph, junior, Thomas M. Randolph, John Rea, (of Pennsylvania ) John Rhea, ( of Tennessee) Jacob Richards, Erastus Root, Thomas Sammons, Thomas Sandford, Ebenezer Seaver, Tompson J. Skinner, James Sloan, John Smilie, John Smith, ( of Virginia) Richard Stanford, Joseph Stanton, John Stewart, David Thomas, Philip R. Thompson, dbram Trigg,