Trial of Judge Chase. crime or misdemeanor, as charged in the first article of impeachment?" Those who pronounced guilty, are: Messrs. Anderson, Baldwin, Breckenridge, Brown, Cocke, Condit, Ellery, Franklin, Howland, Logan, Maclay, Moore, Stone, Sumter, Worthington, and Wright-16. Those who pronounced not guilty, are: Messrs. Adams, Bayard, Bradley, Dayton, Gaillard, Giles, Hillhouse, Jackson, Mitchill, Olcott, Pickering, Plumer, Smith of Maryland, Smith of New York, Smith of Ohio, Smith of Vermont, Tracy, White-18. The second article was read by the Secretary, as follows: of New York, Smith of Ohio, Smith of Vermont, Stone, Tracy, and White-16. The fourth article was read by the Secretary, as follows: ART. 4. That the conduct of the said Samuel Chase was marked, during the whole course of the said trial, by manifest injustice, partiality, and intemperance; viz: 1. In compelling the prisoner's counsel to reduce for their admission or rejection, all questions which to writing, and submit to the inspection of the Court, the said counsel meant to propound to the abovenamed John Taylor, the witness: 2. In refusing to postpone the trial, although an affidavit was regularly filed, stating the absence of material witnesses on behalf of the accused; and although it was manifest, that, with the utmost diligence, the attendance of such witnesses could not have been procured at that term: ART. 2. That, prompted by a similar spirit of persecution and injustice, at a circuit court of the United States, held at Richmond, in the month of May, one thousand eight hundred, for the district of 3. In the use of unusual, rude, and contemptuous Virginia, whereat the said Samuel Chase presided, expressions towards the prisoner's counsel; and in and before which a certain James Thompson Cal- falsely insinuating that they wished to excite the lender was arraigned for a libel on John Adams, then public fears and indignation, and to produce that President of the United States, the said Samuel insubordination to law to which the conduct of the Chase, with intent to oppress and procure the convic-judge did, at the same time, manifestly tend: tion of the said Callender, did overrule the objection of John Basset, one of the jury, who wished to be excused from serving on the said trial because he had made up his mind as to the publication from which the words charged to be libellous in the indictment were extracted; and the said Basset was accordingly sworn and did serve on the said jury, by whose verdict the prisoner was subsequently convicted. Those who pronounced guilty on this article, are: Messrs. Anderson, Breckenridge, Cocke, Condit, Ellery, Giles, Howland, Maclay, Moore, and Sum ter-10. Those who pronounced not guilty, are: Messrs. Adams, Baldwin, Bayard, Bradley, Brown, Dayton, Franklin, Gaillard, Hillhouse, Jackson, Logan, Mitchill, Olcott, Pickering, Plumer, Smith of Maryland, Smith of New York, Smith of Ohio, Smith of Vermont, Stone, Tracy, White, Worthington, and Wright-24. The third article was read by the Secretary, as follows: ART. 3. 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 Callender, was not permitted by the said Samuel Chase to be given in, on pretence that the said witness could not prove the truth of the whole of one of the charges contained in the indictment, although the said charge embraced more than one fact. Those who pronounced guilty on this article, are: Messrs. Anderson, Baldwin, Breckenridge, Brown, Cocke, Condit, Ellery, Franklin, Giles, Howland, Jackson, Logan, Maclay, Moore, Smith of Maryland, Sumter, Worthington, and Wright-18. 4. In repeated and vexatious interruptions of the said counsel, on the part of the said judge, which at length induced them to abandon their cause and their client, who was thereupon convicted and condemned to fine and imprisonment: 5. In an indecent solicitude manifested by the said Samuel Chase for the conviction of the accused, unbecoming even a public prosecutor, but highly disgraceful to the character of a judge, as it was subversive of justice. Those who pronounced guilty on this article, are: Messrs. Anderson, Breckenridge, Brown, Cocke, Condit, Ellery, Franklin, Giles, Howland, Jackson, Logan, Maclay, Moore, Smith of Maryland, Stone, Sumter, Worthington, and Wright-18. Those who pronounced not guilty, are: Messrs. Adams, Baldwin, Bayard, Bradley, Dayton, Gaillard, Hillhouse, Mitchill, Oicott, Pickering, Plumer, Smith of New York, Smith of Ohio, Smith of Vermont, Tracy, and White-16. The fifth article was read by the Secretary, as follows: ART. 5. And whereas it is provided by the act of Congress, passed on the 24th day of September, 1789, entitled "An act to establish the judicial courts of the United States," that for any crime or offence against the United States, the offender may be arrested, imprisoned, or bailed, agreeably to the usual mode of process in the State, where such offender may be found and whereas it is provided by the laws of Virginia, that upon presentment by any grand jury of an offence not capital, the Court shall : order the clerk to issue a summons against the person or persons offending, to appear and answer such presentment at the next court; yet the said Samuel Chase did, at the court aforesaid, award a capias against the body of the said James Thompson Callender, indicted for an offence not capital, whereupon the said Callender was arrested and committed to close custody, contrary to law in that case made and Those who pronounced not guilty, are: Trial of Judge Chase. All the members pronounced not guilty on this article. The sixth article was read by the Secretary, as follows: ART. 6. And whereas it is provided by the 34th section of the aforesaid act, entitled "An act to establish the judicial courts of the United States," that the laws of the several States, except where the constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as the rules of decision in trials at common law, in the courts of the United States, in cases where they apply; and whereas by the laws of Virginia it is provided, that in cases not capital, the offender shall not be held to answer any presentment of a grand jury until the court next succeeding that during which such presentment shall have been made, yet the said Samuel Chase, with intent to oppress and procure the conviction of the said James Thompson Callender, did, at the court aforesaid, rule and adjudge the said Callender to trial during the term at which he, the said Callender, was presented and indicted, contrary to law in that case made and provided. Those who pronounced guilty on this article, are: Messrs. Breckenridge, Cocke, Howland, and Maclay-4. Those who pronounced not guilty, are: Messrs. Adams, Anderson, Baldwin, Bayard, Bradley, Brown, Condit, Dayton, Ellery, Franklin, Gaillard, Giles, Hillhouse, Jackson, Logan, Mitchill, Moore, Olcott, Pickering, Plumer, Smith of Maryland, Smith of New York, Smith of Ohio, Smith of Vermont, Stone, Sumter, Tracy, White, Worthington, and Wright-30. The seventh article was read by the Secretary, as follows: ART. 7. That at a circuit court of the United States, for the district of Delaware, held at Newcastle, in the month of June, one thousand eight hundred, whereat the said Samuel Chase presided-the said Samuel Chase, disregarding the duties of his office, did descend from the dignity of a judge and stoop to the level of an informer, by refusing to discharge the grand jury, although entreated by several of the said jury so to do, and after the said grand jury had regularly declared, through their foreman, that they had found no bills of indictment, nor had any presentments to make, by observing to the said grand jury, that he, the said Samuel Chase, understood "that a highly seditious temper had manifested itself in the State of Delaware, among a certain class of people, particularly in Newcastle county, and more especially in the town of Wilmington, where lived a most seditious printer, unrestrained by any principle of virtue, and regardless of social order-that the name of this printer was"-but checking himself, as if sensible of the indecorum which he was committing, added, "that it might be assuming too much to men tion the name of this person, but it becomes your duty, gentlemen, to inquire diligently into this matter, and that with intention to procure the prosecution of the printer in question, the said Samuel Chase did, moreover, authoritatively enjoin on the District Attorney of the United States the necessity of procuring a file of the papers to which he alluded, (and which were understood to be those published under the title of Mirror of the Times and General Adver tiser,") and by a strict examination of them to find some passage which might furnish the groundwork of a prosecution against the printer of the said paper; thereby degrading his high judicial functions, and tending to impair the public confidence in, and respect for, the tribunals of justice, so essential to the general welfare. Those who pronounced guilty on this article, are: Messrs. Breckenridge, Cocke, Franklin, Howland, Jackson, Maclay, Smith of Maryland, Stone, Sumter, and Wright--10. Those who pronounced not guilty, are: Messrs. Adams, Anderson, Baldwin, Bayard, Bradley, Brown, Condit, Dayton, Ellery, Gaillard, Giles, Hillhouse, Logan, Mitchill, Moore, Olcott, Pickering, Plumer, Smith of New York, Smith of Ohio, Smith of Vermont, Tracy, White, and Worthington-24. The eighth article was read by the Secretary as follows: ART. 8. And whereas mutual respect and confidence between the Government of the United States and those of the individual States, and between the people and those Governments, respectively, are highly conducive to that public harmony, without which there can be no public happiness, yet the said Samuel Chase, disregarding the duties and dignity of his judicial character, did, at a circuit court, for the district of Maryland, held at Baltimore, in the month of May, one thousand eight hundred and three, pervert his official right and duty to address the grand jury then and there assembled, on the matters coming within the province of the said jury, for the purpose of delivering to the said grand jury an intemperate excite the fears and resentment of the said grand jury, and inflammatory political harangue, with intent to and of the good people of Maryland, against their State government and constitution--a conduct highly censurable in any, but peculiarly indecent and unbecoming in a judge of the Supreme Court of the United States; and, moreover, that the said Samuel Chase, then and there, under pretence of exercising his judicial right to address the said grand jury, as aforesaid, did, in a manner highly unwarrantable, endeavor to excite the odium of the said grand jury, and of the good people of Maryland, against the Government of the United States, by delivering opinions, which, even if the judicial authority were competent to their expression, on a suitable occasion and in a proper manner, were at that time, and as delivered by him, highly indecent, extra-judicial, and tending to prostrate the high judicial character with which he was invested, to the low purpose of an electioneering partisan. Those who pronounced guilty on this article, are: Cocke, Condit, Ellery, Franklin, Giles, Howland, Messrs. Anderson, Baldwin, Breckenridge, Brown, Jackson, Logan, Maclay, Moore, Smith of Maryland, Stone, Sumter, Worthington, and Wright-19. Those who pronounced not guilty, are: Hillhouse, Mitchill, Olcott, Pickering, Plumer, Smith Messrs. Adams, Bayard, Bradley, Dayton, Gaillard, of New York, Smith of Ohio, Smith of Vermont, Tracy, and White-15. The PRESIDENT rose and said, on the first ar Trial of Judge Chase. ticle, sixteen gentlemen have pronounced guilty, | four not guilty; and on the eighth article, nineand eighteen not guilty; on the second article, teen have said guilty, and fifteen not guilty. ten have said guilty, and twenty-four not guilty; Hence, it appears that there is not a constituon the third article, eighteen have said guilty, tional majority of votes finding Samuel Chase, and sixteen not guilty; on the fourth article, Esq., guilty, on any one article. It, therefore, eighteen have said guilty, and sixteen not guil- becomes my duty to declare that Samuel Chase, ty; on the fifth article, there is a unanimous Esq., stands acquitted of all the articles exhibitvote of not guilty; on the sixth article, foured by the House of Representatives against have said guilty, and thirty not guilty; on the him. seventh article, ten have said guilty, and twenty- Whereupon the Court adjourned without day. MONDAY, November 5, 1804. This being the day appointed by law for the meeting of the present Session, the following members of the House of Representatives appeared and took their seats, to wit: From New Hampshire-Silas Betton, Clifton Claggett, David Hough, and Samuel Tenney. From Massachusetts-Jacob Crowninshield, Thomas Dwight, Nahum Mitchell, Ebenezer Seaver, William Stedman, Joseph B. Varnum, and Lemuel Williams. From Rhode Island-Nehemiah Knight and Joseph Stanton. From Connecticut-John Davenport and John Cot ton Smith, From Vermont-William Chamberlin, Martin Chittenden, James Elliot, and Gideon Olin. From New York-Gaylord Griswold, Josiah Hasbrouck, Henry W. Livingston, Andrew McCord, Samuel L. Mitchill, Beriah Palmer, Erastus Root, Thomas Sammons, David Thomas, Philip Van Cortlandt, Killian K. Van Rensselaer, and Daniel C. Verplanck. From New Jersey-Adam Boyd, Ebenezer Elmer, James Sloan, and Henry Southard. From Pennsylvania-Isaac Anderson, David Bard, Joseph Clay, Frederick Conrad, William Findlay, Joseph Heister, Michael Leib, John Rea, Jacob Richards, John Smilie, John Stewart, and John Whitehill. From Maryland-John Archer, Wm. McCreery, Nicholas R. Moore, and Thomas Plater. From Virginia-Thomas Claiborne, John Dawson, John W. Eppes, Thomas Griffin, David Holmes, John G. Jackson, Joseph Lewis, jun., Anthony New, Thomas Newton, jun., John Randolph, Thomas M. Randolph, John Smith, James Stephenson, and Philip R. Thompson. From Kentucky-George Michael Bedinger, John Boyle, and Thomas Sanford. From North Carolina-Willis Alston, jun., William Blackledge, James Gillespie, James Holland, William Kennedy, Nathaniel Macon, (Speaker,) Richard Stanford, and Joseph Winston. From Tennessee-George W. Campbell, William Dickson, and John Rhea. From South Carolina-John B. Earle. From Georgia-Peter Early and David Meriwether. From Ohio-Jeremiah Morrow. Delegate from the Mississippi Territory-William Lattimore. Several new members, to wit: from Massachusetts, SIMON LARNED, returned to serve in this House as a member for the said State, in the room of TOMPSON J. SKINNER, who has resigned his seat; from New York, SAMUEL RIker, returned to serve as a member for the said State, in the room of JOHN SMITH, appointed a Senator of the United States; and from Virginia, CHRISTOPHER CLARK, returned to serve as a member for the said State, in the room of JOHN TRIGG, deceased; appeared, produced their credentials, and took their seats in the House; the oath to support the Constitution of the United States being first administered to them by Mr. SPEAKER, according to law. And a quorum, consisting of a majority of the whole number, being present, Ordered, That a message be sent to the Senate, to inform them that a quorum of this House is assembled, and ready to proceed to business; and that the Clerk of this House do go with the said message. The following committees were appointed pursuant to the standing rules and orders of the House, viz: Committee of Elections.-Mr. FINDLAY, Mr. VARNUM, Mr. LIVINGSTON, Mr. KENNEDY, Mr. EPPES, Mr. CLAGGETT, and Mr. ELMER. RANDOLPH, Mr. JOSEPH CLAY, Mr. GAYLORD Committee of Ways and Means.-Mr. JOHN GRISWOLD, Mr. BOYLE, Mr. DAVENPORT, Mr. NICHOLAS R. MOORE, and Mr. Meriwether. Committee of Commerce and Manufactures.Mr. SAMUEL L. MITOHILL, Mr. CROWNINSHIELD, Mr. MCCREERY, Mr. LEIB, Mr. NEWTON, Mr. EARLY, and Mr. CHITTENDEN. Committee of Claims.-Mr. JOHN COTTON SMITH, Mr. HOLMES, Mr. PLATER, Mr. CHAMBERLIN, Mr. BEDINGER, Mr. STANFORD, and Mr. STANTON. TUESDAY, November 6. Several other members, to wit: from Massachusetts, MANASSEH CUTLER; from Connecticut, SAMUEL W. DANA and ROGER GRISWOLD; from New Jersey, JAMES MOTT; from Pennsylvania, JOHN A. HANNA, JOHN B. C. Lucas, and Isaac VAN HORNE; from Maryland, JOHN CAMPBELL; from Virginia, JOHN CLOPTON; and from South Carolina, THOMAS LOWNDES, appeared, and took their seats in the House. Another new member, to wit: ROGER NELSON, from Maryland, returned to serve in this House as a member for the said State, in the room of DANIEL HEISTER, deceased, appeared, produced his credentials, was qualified, and took his seat in the House. Mr. J. RANDOLPH moved for the appointment of a committee on the part of the House to join a committee of the Senate to wait on the PRESIDENT and inform him that a quorum of both Houses is formed, and ready to receive his communications. [NOVEMBER, 1804. Mr. Speaker: I am directed to hand you a communication, in writing, from the PRESIDENT to the two Houses of Congress. The communication was read, and, together with the documents accompanying the same, referred to the Committee of the whole House on the state of the Union. [See Senate proceedings of this date, page 164, for the Message.] Sword to Decatur. Mr. J. CLAY moved the following resolution: Resolved, That the President of the United States be requested to present, in the name of Congress, to Captain Stephen Decatur, a sword, of the value of dollars, and to each of the officers and crew of the United States ketch Intrepid, --months' pay, as a testimony of the high sense entertained by Congress of the gallantry, good conduct, and services, of Captain Decatur, the officers, and crew, of the said ketch, in attacking and destroying a Tripolitan frigate, of forty-four guns, late the United States frigate Philadelphia. Ordered, That the said motion be referred to a Committee of the Whole to-morrow. FRIDAY, November 9. Mr. DANA inquired if a quorum of the Senate was formed? That circumstance, he thought, Two other members, to wit: from Massachuought to be ascertained before the House adopt-setts, WILLIAM EUSTIS; and from Pennsylvania, ed the gentleman's resolution. ROBERT BROWN, appeared, and took their seats in the House. Mr. RANDOLPH did not know whether or no the Senate had formed a quorum, but he saw no objection on that account to proceeding with their own business. He, however, had under stood that the Senate would form a quorum this day. The resolution was carried, and Messrs. J. RANDOLPH and R. GRISWOLD appointed the committee. WEDNESDAY, November 7. Several other members, to wit: from Maryland, JOSEPH H. NICHOLSON; from Virginia, WALTER JONES; from South Carolina, THOMAS MOORE; and from Georgia, JOSEPH BRYAN, appeared, and took their seats in the House. Mr. JOHN RANDOLPH, from the joint committee appointed to wait on the President of the United States, and inform him that a quorum of the two Houses is assembled, reported that the committee had performed that service, and that the President signified to them he would make a communication to this House, in writing, tomorrow at twelve o'clock. THURSDAY, November 8. Several other members, to wit: from New Hampshire, SAMUEL HUNT; from Massachusetts, SAMUEL TAGGART; from Connecticut, SIMEON BALDWIN and CALVIN GODDARD; and from North Carolina, SAMUEL D. PURVIANCE, appeared, and took their seats in the House. A Message was received from the PRESIDENT OF THE UNITED STATES, by Mr. BURWELL, his Secretary, as follows: Frigate Philadelphia. Mr. J. CLAY's motion relative to Captain Decatur and the officers and crew of the ketch Intrepid, was taken up in Committee of the Whole. On motion of Mr. CLAY, the resolution was altered, by striking out after the word "sword,” the words "the value of dollars," and filling up the other blank with the word "two," thereby giving the officers and crew two months' pay; Mr. C., with a view of showing the propriety of the measure, read extracts of letters written by Commodore Preble and Lieutenant Decatur, which had been obtained from the Secretary of the Navy; they contained an account of the circumstances attending this honorable exploit, which have heretofore been printed in the public newspapers. The committee rose and reported the resolution as amended. Mr. GRISWOLD presumed the object of this step was to pay a tribute of respect to those brave men who had so gallantly achieved this glorious and dangerous enterprise. He wished to do this in a manner the most honorable and notorious, and perhaps the best course would be to obtain from the Head of the Navy Department, a list of the names of the officers and the number of the crew, together with a detail of the circumstances attending the event. With this view, he moved to postpone the consideration of the resolution reported by the Committee of the Whole, till to-morrow, in order to introduce a resolution to this effect: |