WEDNESDAY, January 2, 1805.
The Court having been opened by proclamation,
The return made by the Sergeant-at-Arms was read, as follows:
“I, James Mathers, Sergeant-at-Arms to the Senate of the United
States, in obedience to the within summons to me directed, did
proceed to the residence of the within named Samuel Chase, on
the 12th day of December, 1804, and did then and there leave a
true copy of the said writ of summons, together with a true
copy of the articles of impeachment annexed, with him the said
Samuel Chase.
“JAMES MATHERS.”
After which the Secretary administered to him the oath as follows:
“You, James Mathers, Sergeant-at-Arms to the Senate of the
United States, do solemnly swear, that the return made and
subscribed by you, upon the process issued on the 10th day of
December last, by the Senate of the United States, against
Samuel Chase, one of the Associate Justices of the Supreme
Court, is truly made, and that you have performed said services
as therein described. So help you God.”
SAMUEL CHASE, having been solemnly called, appeared.
The PRESIDENT of the Senate (Mr. BURR) informed Mr. CHASE, that having
been summoned to answer to the articles of impeachment exhibited against
him by the House of Representatives, the Senate were ready to receive any
answer he had to make to them.
Mr. CHASE requested the indulgence of a chair,[19] which was immediately
furnished.
After being seated for a short time, Mr. CHASE rose, and commenced the
following address to the Senate, which he read from a paper that he held
in his hand:
“Mr. President: I appear, in obedience to a summons from this honorable
Court, to answer articles of impeachment exhibited against me, by the
honorable the House of Representatives of the United States.
“To these articles, a copy of which was delivered to me with the summons,
I say that I have committed no crime or misdemeanor whatsoever, for which
I am subject to impeachment according to the Constitution of the United
States. I deny, with a few exceptions, the acts with which I am charged;
I shall contend, that all acts admitted to have been done by me were
_legal_; and I deny, in every instance, the _improper_ intentions with
which the acts charged are alleged to have been done, and in which their
supposed criminality altogether consists.”
The PRESIDENT reminded Mr. CHASE that this was the day appointed to
receive any answer he might make to the articles of impeachment.
Mr. CHASE said his purpose was to request the allowance of further time
to put in his answer.
The PRESIDENT desired him to proceed.
Mr. CHASE proceeded in his address; and having finished it, was desired
by the PRESIDENT, if he had any motion to make, to reduce it to writing,
and hand it to the Secretary.
Whereupon, Mr. CHASE submitted the following motion:
“I solicit this honorable Court to allow me until the first day
of the next session, to put in my answer, and to prepare for my
trial.”
The PRESIDENT informed Mr. Chase, that, the Court would take time to
consider his motion.[20]
The Senate withdrew to a private apartment, where debate arose on the
question, whether it was not incumbent on the Senators to take the
oath required by the constitution, before they took into consideration
the motion of Mr. Chase, which issued in the adoption of the following
resolution:
_Resolved_, That, on the meeting of the Senate, to-morrow,
before they proceed to any business on the articles of
impeachment before them, and before any decision of any
question, the oath prescribed by the rules, shall be
administered to the President and members of the Senate.
On the ensuing day, previously to the entrance of the Senate into the
public room, considerable debate took place on the motion of Mr. Chase,
without any decision being made.
THURSDAY, January 3.
The Court was opened by proclamation about two o’clock.
The oath prescribed was administered to the President by the Secretary.
The PRESIDENT administered the oath prescribed to the following members:
Messrs. Adams, Anderson, Baldwin, Bradley, Breckenridge, Brown, Condit,
Dayton, Ellery, Franklin, Giles, Hillhouse, Howland, Jackson, Mitchill,
Moore, Olcott, Pickering, Smith of Maryland, Smith of New York, Smith of
Ohio, Smith of Vermont, Sumter, Tracy, White, Worthington, and Wright.
And the affirmation was administered to Messrs. Logan, Maclay, and Plumer.
The PRESIDENT stated that he had received a letter from the defendant,
enclosing an affidavit that further time was necessary for him to prepare
for trial; which affidavit was read, as follows:
_City of Washington, ss_:
Samuel Chase made oath on the Holy Evangels of Almighty God,
that it is not in his power to obtain information respecting
the facts alleged in the articles of impeachment to have
taken place in the city of Philadelphia in the trial of John
Fries; or of the facts alleged to have taken place in the city
of Richmond, in the trial of James T. Callender, in time to
prepare and put in his answer, and to proceed to trial, with
any probability that the same could be finished on or before
the fifth day of March next. And further, that it is not in his
power to procure information of the names of the witnesses,
whom he thinks it may be proper and necessary for him to
summon, in time to obtain their attendance, if his answer could
be prepared in time sufficient for the finishing of the said
trial, before the said fifth day of March next; and the said
Samuel Chase further made oath, that he believes it will not be
in his power to obtain the advice of counsel, to prepare his
answer, and to give him their assistance on the trial, which he
thinks necessary, if the said trial should take place during
the present session of Congress; and that he verily believes,
if he had, at this time full information of facts, and of the
witnesses proper for him to summon, and if he had also the
assistance of counsel, that he could not prepare the answer he
thinks he ought to put in, and be ready for his trial, within
the space of four or five weeks from this time. And further,
that his application to the honorable the Senate, for time
to obtain the information of facts, in order to prepare his
answer, and for time to procure the attendance of necessary
witnesses, and to prepare for his defence in the trial, and to
obtain the advice and assistance of counsel, is not made for
the purpose of delay, but only for the purpose of obtaining a
full hearing of the articles of impeachment against him, in
their real merits.