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 addressed 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 the 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 intimidation or seduction,

which should 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, I 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 myself 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 inquiry into his conduct,

and therefore submit to the House the following resolution:

“_Resolved_, That a committee be appointed to inquire into

the official conduct of SAMUEL CHASE, one of the Associate

Judges 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 inquiry into the official conduct of

Richard 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. FINDLAY,

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:

“_Resolved_, That a committee be appointed to inquire 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.

Whereupon, Messrs. J. RANDOLPH, NICHOLSON, J. CLAY, EARLY, R. GRISWOLD,

HUGER, and BOYLE, were appointed a committee pursuant to the foregoing

resolution.

On the 10th of January, the committee were authorized by the House to

send for persons, papers, and records; and on the 30th day of the same

month they were authorized to cause to be printed such documents and

papers as they might deem necessary, previous to their presentation to

the House.

On the 6th day of March, Mr. RANDOLPH, in the name of the committee, made

a report, “That in consequence of the evidence collected by them, in

virtue of the powers with which they have been invested by the House, and

which is hereunto subjoined, they are of opinion, 1st. That Samuel Chase,

Esq., an Associate Justice of the Supreme Court of the United States, be

impeached of high crimes and misdemeanors.

“2d. That Richard Peters, district judge of the district of Pennsylvania,

has not so acted in his judicial capacity as to require the interposition

of the constitutional power of this House.”

This report, accompanied by a great mass of printed documents, embracing

various depositions taken before the committee, as well as at a distance,

was made the order of the day for the Monday following.

On that day the House took up the report, and after a short debate

concurred in the first resolution by the following vote--yeas 73, nays

32, as follows:

YEAS.--Willis Alston, jun., Isaac Anderson, John Archer,

David Bard, George Michael Bedinger, William Blackledge,

Walter Bowie, Adam Boyd, John Boyle, Robert Brown, Joseph

Bryan, William Butler, Levi Casey, Thomas Claiborne, Joseph

Clay, Matthew Clay, John Clopton, Frederick Conrad, Jacob

Crowninshield, Richard Cutts, John Dawson, William Dickson,

John B. Earle, Peter Early, James Elliot, William Findlay, John

Fowler, James Gillespie, Peterson Goodwyn, Andrew Gregg, Samuel

Hammond, James Holland, David Holmes, Walter Jones, William

Kennedy, Nehemiah Knight, Michael Leib, Matthew Lyon, Andrew

McCord, William McCreery, David Meriwether, Andrew Moore,

Nicholas R. Moore, Jeremiah Morrow, Anthony New, Thomas Newton,

jun., Joseph H. Nicholson, Gideon Olin, John Patterson, John

Randolph, Thomas M. Randolph, John Rea of Pennsylvania, John

Rhea of Tennessee, Jacob Richards, Cæsar A. Rodney, Thomas

Sammons, Thomas Sanford, Ebenezer Seaver, James Sloan, John

Smilie, Henry Southard, Richard Stanford, Joseph Stanton, John

Stewart, David Thomas, Philip R. Thompson, Abram Trigg, John

Trigg, Isaac Van Horne, Joseph B. Varnum, Marmaduke Williams,

Richard Wynn, and Joseph Winston.

NAYS.--Simeon Baldwin, Silas Betton, John Campbell, William

Chamberlin, Martin Chittenden, Clifton Claggett, Manasseh

Cutler, Samuel W. Dana, John Davenport, Thomas Dwight, Thomas

Griffin, Gaylord Griswold, Roger Griswold, Seth Hastings,

William Helms, Benjamin Huger, Joseph Lewis, jun., Henry W.

Livingston, Thomas Lowndes, Nahum Mitchell, Thomas Plater,

Samuel D. Purviance, John Cotton Smith, John Smith of Virginia,

William Stedman, James Stevenson, Samuel Taggart, Samuel

Tenney, Samuel Thatcher, Killian K. Van Rensselaer, Peleg

Wadsworth, and Lemuel Williams.

The second resolution was agreed to unanimously.

Whereupon, it was ordered, that Mr. JOHN RANDOLPH and Mr. EARLY be

appointed a committee to go to the Senate, at the bar thereof, in the

name of the House of Representatives, and of all the people of the United

States, to impeach Samuel Chase, one of the Associate Justices of the

Supreme Court of the United States, of high crimes and misdemeanors; and

acquaint the Senate that the House of Representatives will, in due time,

exhibit particular articles of impeachment against him, and make good the

same. It was also ordered, that the committee do demand, that the Senate

take order for the appearance of the said Samuel Chase, to answer to the

said impeachment.

On the 13th of March, Messrs. J. RANDOLPH, NICHOLSON, J. CLAY, EARLY,

and BOYLE, were appointed a committee to prepare and report articles of

impeachment against Samuel Chase, and invested with power to send for

persons, papers, and records.

On the 14th, a message was received from the Senate, notifying the House,

that they would take proper order on the impeachment, of which due notice

should be given to the House.

On the 26th, Mr. RANDOLPH, from the committee appointed for that

purpose, reported articles of impeachment against Samuel Chase. No order

was taken on the report during the remainder of the session, which

terminated the next day.

At the ensuing session of Congress, on the 6th of November, 1804, on the

motion of Mr. J. RANDOLPH, the articles of impeachment were referred to

Messrs. J. RANDOLPH, J. CLAY, EARLY, BOYLE, and J. RHEA of Tennessee.

On the 30th of November, Mr. RANDOLPH reported articles of impeachment

against Samuel Chase, in substance not dissimilar from those reported at

the last session, with the addition of two new articles.

This report was made the order for the 3d of December. On that and the

ensuing day the House took the articles into consideration, to all of

which they agreed, according to the following votes:

Yeas. Nays.

Art. 1 83 34

2 83 35

3 84 34

4 84 34

5 72 45

6 73 42

7 73 42

8 1st sec. 74 32

8 2nd sec. 78 32

On the 5th, the House proceeded to the choice, by ballot, of seven

managers to conduct the impeachment; and on counting the votes, Messrs.

J. RANDOLPH, RODNEY, NICHOLSON, EARLY, BOYLE, NELSON, and G. W. CAMPBELL,

appeared to be elected.

On a subsequent day, Mr. NELSON having declined his appointment, on

account of absence, Mr. CLARK was chosen in his place.

The following resolution was then adopted:

_Resolved_, That the articles agreed to by this House be

exhibited in the name of themselves, and of all the people

of the United States, against Samuel Chase, in maintenance

of their impeachment against him, for high crimes and

misdemeanors, be carried to the Senate by the managers

appointed to conduct the said impeachment.

The Senate having appointed the 7th of December for receiving the

articles of impeachment, the managers repaired on that day, at 1 o’clock,

to the Senate Chamber. Having taken seats assigned them within the bar,

and the Sergeant-at-Arms having proclaimed silence, Mr. J. RANDOLPH read

the foregoing articles: whereupon the President of the Senate informed

the managers that the Senate would take proper order on the subject of

the impeachment, of which due notice should be given to the House of

Representatives. The managers delivered the articles of impeachment at

the table and withdrew.

On the 10th of December, the Senate, sitting as a High Court of

Impeachments, adopted the following resolution:

_Resolved_, That the Secretary be directed to issue a

summons to Samuel Chase, one of the Associate Justices of

the Supreme Court of the United States, to answer certain

articles of impeachment exhibited against him by the House

of Representatives on Friday last: That the said summons be

returnable the 2d day of January, and he served at least

fifteen days before the return day thereof.

On the 24th and 31st of December, the Senate adopted the following rules

of proceeding, to be observed in cases of impeachment.

1. Whensoever the Senate shall receive notice from the House of

Representatives, that managers are appointed on their part, to

conduct an impeachment against any person, and are directed to

carry such articles to the Senate, the Secretary of the Senate

shall immediately inform the House of Representatives, that

the Senate is ready to receive the managers for the purpose of

exhibiting such articles of impeachment, agreeably to the said

notice.

2. When the managers of an impeachment shall be introduced to

the bar of the Senate, and shall have signified that they are

ready to exhibit articles of impeachment against any person,

the President of the Senate shall direct the Sergeant-at-Arms

to make proclamation; who shall, after making proclamation,

repeat the following words: “All persons are commanded to keep

silence, on pain of imprisonment, while the grand inquest of

the nation is exhibiting to the Senate of the United States,

articles of impeachment against ---- ----;” after which the

articles shall be exhibited, and then the President of the

Senate shall inform the managers, that the Senate will take

proper order on the subject of the impeachment, of which due

notice shall be given to the House of Representatives.

3. A summons shall issue, directed to the person impeached, in

the form following:

_The United States of America, ss._

The Senate of the United States, to ----, greeting:

Whereas, the House of Representatives of the United States of

America, did, on the ---- day of ----, exhibit to the Senate

articles of impeachment against you, the said ----, in the

words following, viz: [here recite the articles] and did demand

that you the said ---- should be put to answer the accusations

as set forth in said articles; and that such proceedings,

examinations, trials, and judgments, might be thereupon had,

as are agreeable to law and justice: You, the said ----, are

therefore hereby summoned, to be, and appear before the Senate

of the United States of America, at their Chamber in the City

of Washington, on the ---- day of ----, then and there to

answer to the said articles of impeachment, and then and there

to abide by, obey, and perform such orders and judgments as

the Senate of the United States shall make in the premises,

according to the Constitution and laws of the United States.

Hereof you are not to fail.

Witness, ----, Vice President of the United States of America,

and President of the Senate thereof, at the City of Washington,

this ---- day of ----, in the year of our Lord ----, and of the

Independence of the United States, the ----.

Which summons shall be signed by the Secretary of the Senate, and sealed

with their seal, and served by the Sergeant-at-Arms to the Senate, or by

such other person as the Senate shall specially appoint for that purpose;

who shall serve the same, pursuant to the directions given in the form

next following:

4. A precept shall be endorsed on said writ of summons, in the form

following, viz:

_United States of America, ss._

The Senate of the United States, to ----, greeting:

You are hereby commanded to deliver to, and leave with ----,

if to be found, a true and attested copy of the within writ of

summons, together with a like copy of this precept, showing

him both; or in case he cannot with convenience be found, you

are to leave true and attested copies of the said summons and

precept, at his usual place of residence, and in whichsoever

way you perform the service, let it be done at least ---- days

before the appearance day mentioned in said writ of summons.

Fail not, and make return of this writ of summons and precept,

with your proceedings thereon endorsed, on or before the

appearance day mentioned in said writ of summons.

Witness, ----, Vice President of the United States of America,

and President of the Senate thereof, at the City of Washington,

this ---- day of ----, in the year of our Lord ----, and of the

Independence of the United States, the ----.

Which precept shall be signed by the Secretary of the Senate, and sealed

with their seal.

5. Subpœnas shall be issued by the Secretary of the Senate, upon

the application of the managers of the impeachment, or of the party

impeached, or his counsel, in the following form, to wit:

To ----, greeting:

You, and each of you, are hereby commanded to appear before the

Senate of the United States, on the ---- day of ----, at the

Senate Chamber, in the City of Washington, then and there to

testify your knowledge in the cause which is before the Senate,

in which the House of Representatives have impeached ----. Fail

not.

Witness, ----, Vice President of the United States of America,

and President of the Senate thereof, at the City of Washington,

this ---- day of ----, in the year of our Lord ----, and of the

Independence of the United States, the ----.

Which shall be signed by the Secretary of the Senate, and sealed with

their seal.

Which subpœnas shall be directed, in every case, to the Marshal of the

district, where such witnesses respectively reside, to serve and return.

6. The form of direction to the Marshal, for the service of the subpœna,

shall be as follows:

The Senate of the United States of America, to the Marshal of

the district of ----:

You are hereby commanded to serve and return the within

subpœna, according to law.

Dated at Washington, this ---- day of ----, in the year of our

Lord ----, and of the Independence of the United States, the

----.

_Secretary of the Senate._

7. The President of the Senate shall direct all necessary preparations in

the Senate Chamber, and all the forms of proceeding, while the Senate are

sitting for the purpose of trying an impeachment, and all forms during

the trial, not otherwise specially provided for by the Senate.

8. He shall also be authorized to direct the employment of the Marshal

of the District of Columbia, or any other person or persons, during the

trial, to discharge such duties as may be prescribed by him.

9. At twelve o’clock of the day appointed for the return of the summons

against the person impeached, the legislative and executive business

of the Senate shall be suspended and the Secretary of the Senate shall

administer an oath to the returning officer, in the form following, viz:

“I, ----, do solemnly swear, that the return made and subscribed by me,

upon the process issued on the ---- day of ----, by the Senate of the

United States, against ----, is truly made, and that I have performed

said services as therein described. So help me God.” Which oath shall be

entered at large on the records.

10. The person impeached shall then be called to appear, and answer the

articles of impeachment exhibited against him. If he appears, or any

person for him, the appearance shall be recorded, stating particularly,

if by himself, or if by agent or attorney; naming the person appearing,

and the capacity in which he appears. If he does not appear, either

personally, or by agent or attorney, the same shall be recorded.

11. At twelve o’clock of the day appointed for the trial of an

impeachment, the Legislative and Executive business of the Senate shall

be postponed. The Secretary shall then administer the following oath or

affirmation to the President:

“You solemnly swear, or affirm, that in all things appertaining to the

trial of the impeachment of ----, you will do impartial justice according

to the Constitution and laws of the United States.”

12. And the President shall administer the said oath or affirmation to

each Senator present.

The Secretary shall then give notice to the House of Representatives,

that the Senate is ready to proceed upon the impeachment of ----, in the

Senate Chamber, which Chamber is prepared with accommodations for the

reception of the House of Representatives.

13. Counsel for the parties shall be admitted to appear, and be heard

upon an impeachment.

14. All motions made by the parties, or their counsel, shall be addressed

to the President of the Senate, and if he shall require it, shall

be committed to writing, and read at the Secretary’s table; and all

decisions shall be had by yeas and nays, and without debate, which shall

be entered on the records.

15. Witnesses shall be sworn in the following form, to wit: “You ---- do

swear, (or affirm, as the case may be,) that the evidence you shall give

in the case now depending between the United States and ----, shall be

the truth, the whole truth, and nothing but the truth. So help you God.”

Which oath shall be administered by the Secretary.

16. Witnesses shall be examined by the party producing them, and then

cross-examined in the usual form.

17. If a Senator is called as a witness, he shall be sworn, and give his

testimony standing in his place.

18. If a Senator wishes a question to be put to a witness, it shall be

reduced to writing and put by the President.

19. At all times, whilst the Senate is sitting upon the trial of an

impeachment, the doors of the Senate Chamber shall be kept open.

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