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.