Oracle post — Portsmouth, N.H., 1805-01-22 00:00:00, page 2

Shades of testimony, and often on th
different manner in which tie fame cir
■umlfance may effect different ipedatoi
11 equally disposed to represent truly what
_hey observed. The molt material fact
are alledged to have happened in Rich
mond and Philadelphia.—ln the former
of thefeptaces I am an utter flranger,
having never been there but once ; and,
' in the latter, I know personally but ver,
few individuals. These circumstances,
render it very difficult tor me to afeertain
the persons who witnessed the various
tranfadions in question, and are able, af
ter this lapse of time, to give accurate
testimony concerning them ; and this
difficulty is very much increased, by the
distance of those places from that of my
residence. laffure this Honorable Court
that from the moment when the profecu
tioftaffumed a serious appearance and a
definitive f6rm, at the last session of con
gress, I have turned my attention to the
fubjeift of my, defence, and my answer,
and have exerted mylelf in finding out
and procuring the requisite testimony ;
but the difficulties which I have ft^ed,
added to my ill state of health, during a
great part of the last year, have prevent
ed me from making such progress as to
afford me the hope of being able to ob
: tain the object in a very short time.
I havedone much, but much,very much
remains to be done, even in those parts
of the prosecution where I had some no
tice by the proceedings of last session. In
$ those veiy material parts which have ori
ginated during the present session, every
'thing is still to be done.
' It may perhaps be thought, that al
though tf;efe preparations might be ne
cessary for the trial, they are not so for
/ the answer. Bit such ,n opinion I trust
would on examination be found errone-
GU?. .-
charge,, of principles, and of fa&s, it is
manifeft, that preparing such an answer,
as 1 have a right to make, and as my
duty to myfelf, my family, my friends
and my country requires at my hands, a
confiderabte time must be heceffiry.
Many of the principles involved in this
impeachment, are very important, not on
ly to me, but to the liberties of every
American citizen, and to the cause of
free government in geneirf. These prin
ciples ought to be maturely considered,
& clearly explained. Thy present a wide
. field of legal investigation : many of
them require laborious and extensive re
search & although fomeofthem haveac
compained the profecutipn from its com
mencement, and have thus been fora
considerable time fubjeded to my con
sideration : some, on the other hand,
have been very recently introduced.
Ofthis description is the principle where
on the sth and 6th articles ret ; relative
to the extend in which the courts of the
United States, are to be governed not
only in their decision but in their pro
ceedings by the date laws. A principle
which was not brought into view until
a few weeks ago, and the explanation of
which will require a careful consideration,
of the conduct and proceedings of the
fupremc and circuit courts ofthe United
States, from the firft establishment of our
federal fyfleffi.
The fame articles involve the construc
tion of two date laws of Virginia, ,which
I am charged with having infringed in
the trial of Callender, which were not
mentioned on the trial, or during any of
the introductory proceedings, and ofwhich
I aever heard until these articles were re
ported a few weeks ago. It is manife(t %
that in order to fix the true conftruftion
of these laws, about which profeffional
men have differed in opinion, recourse
must be had to,the decisions of the courts
of that flate,as explained by then records;
or in case those records should be fileur,
to the recollection and opinion of profet
fional men, accustomed to preside or at
tend in the courts where those laws arc
enforced. It is manifeft that such an in
vestigation cannot be accomplilhed in a
ihort time.
The fads on which this prosecution
lefts, except the last articles, are ahedgee
to have taken place more th in four year
ago ; some of themat Philadelphia,fome
at Wilmington in the state of Delaware,
and some at Richmond, in Virginia
These fadls are very numerous, 'and tin
greater part of them are of such a natur
as to depend for their criminality or mho
cence, on minute circumstance, or fligin
In so material a part of his preparation
for defence, as the drawing up of his an
swer, it will not f presume, be denied that
he ought to baje an opportunity of ob
taining the best profefliond assistance
which it may be in his power to procure.
This assistance is rendered peculiarly ne
cessary to me, by the very precarious
stare of my health ; which affords me, at
this season of the year especially, but short
and uncertain intervals, of fitnefs, for
mental or bodily exertion. Should my
answer be required in a short time, [have
no reason to fuppole, that I fhali be able
to obtain such assistance of this kind as I
so much need, and as probably I (hall
otherwise have in my power.—Profeffion
al 'gentlemen, engaged extensively in
bufmefs are at all times too liable to in
tei ruption, and too much occupied to de
vote themselves executively to an affair of
this nature, do as to complete it within a
short period; and at this season of the
year they are for the most part particularly
and indi'penfably engaged-
These reasons in favor of a liberal al
lowance of time for preparing the answer,
derive great additional force from one
further consideration which I hope that I
may without impropriety present to the
view of this Honorable Court. Repu
tation ought to be more dear to every
man, and is more dear to me than the
honours or the emoluments of office. In
cases of impeachment, the fads which
appear, the explanations which are gi
ven, and the arguments which are urged,
at the trial, are some times wholly omit
ed in the statements to the public, and
rften mifrepreferted, or stated too indi
ftiictly to be generally understood, It
s to the answer that the world must look,
or the juftification of the accused. It is
y hH answer alone, that he can furniih
iclear concise and authentic explanation
f his condud and his motives, fuppor
red by, such a statement of his proofs, as
an bee 4 mfively read, clearly understood
A nd cafily remembered. He may there
fore claim from justice, and exped from
the high dignity and responsible character
of his honorable tribunal, such time for
preparing this very important document,
as may enable him to bestow on it all the
care and labor which it requires, and, to
give it all the force of which it may be
susceptible.
In flaring these considerations, Mr.
President, in support of my request for
a continuance of this case, I disclaim
all intention of affected delay.-^-Feel
ing a conicioufnefs of my integrity, and
ajuft pride of character, which place me
far above the fear of events. lam anx
ious to meet this accusation, and I re
joice in an opportunity of refuting it.—l
know that my conduct, though liable to
a full portion of human error, has at all
times been free from intentional impro
priety.—l know that in all the instances
felcded as the grounds of accusation, I
have difeharged my official duties, with
a sacred and inviolate regard to my oath,
my character, the laws of my country, &
the rights of my fellow citizens. I know
that I can prove my innocence as to all
the matters alledgcd ^gainft me. And
acrimonious as &c the terms in which
many of the accusations are conceived ;
hard) and opprobrious as arethe epithets
wherewith it has been thought proper to
aflMl my name and character, by those
who were " puling in their nurse's arms"
whilst I was contributing my utmost aid
to lay the ground work of American Lib
erty ; I yet thank my accusers, whose
functions as members ofthe Government
of my Country, I highly refpe&, for hav
ing at length put their charges into a
definitive form, susceptible of refutation ;
and for Saving thereby afforded me an
The answer in cases of impeachment
must disclose the whole defence, and the
defence must be confined-to the matters
stated in the answer.—Otherwise the
prolecutors might be surprised at the tri
al by objections which, with previous no
tice, it would be in their power to refute
orexplain, The accused therefore, be
fore he puts in his answer, ought to have
time Sufficient for making himfelf thor
oughly mafterothis defence ofthe grounds
on which it rests, and of the facts and ev
idence by which it is to be mppoited.
He ought to be completely prepared for
the trial ; betweenwhich and the answer
no delay need take place, except such as
may be necessary for convening the wit
nefles.
Silence having been enjoined by the
cryer, N
Mr. Otis (Secretary) read the return on
the summons of Samuel Chafe, made by
Mr. Mathews, sergeant at aims, who was
sworn that he served the said Samuel
Chafe with a copy ofthe summons and
a copy of the articles of impeachment.
Proclamation was made that Samuel
Chafe appear conformably to the fum
mons>or that his default would be recorded
Samuel Chafe appeared accordingly.
The President of the Senate [Mr Burr]
informed Mr. Chafe, that having been
summoned to answer the articles of im
peachment exhibited against him by the
House of Representatives, the Senate
On the contrary, I hope and cxpe&
that all its decisions will be governedby the
immutable principles of justice, and a
sacred regard to the constitution and the
law of the land, which every member of
this court is bound by duty, and the ob
ligations of a chriftian judge to support
and observe.
opportunity of vindicating my innocence
in the face of this honorable court of my
country and of the world.
But this vindication situated as I am
and as this case is, cannot be the work of
a few weeks. Much time has been em
ployed in preparing the accusation ; less
will be required for the defence : But a
short time 'will not fuffice. I am far
from presuming to prescribe to this Hon
orable Court whose sense of justice, and
disposition to grant every proper indul
gence, I cannot doubt ; but it may per
haps, be not improper to suggest, that by
the firft day of next session, the answer
could be prepared and put in : and that
the trial might then take place as soon
afterwards as the witneffr could be cob
Jetted.
I declare, that it will be impossible for
me to prepare my answer in fueh time as
to commence the trial during this session
with any prospect of bringingit toa close
before the session must end ; and were I
to omit that full answer which 1 wish to
give, it would be impossible for me, in
the course ofthis session, (only two months
of which now remain,) to afeertain fully
all the facts necessary for my defence ;to
find out and bring to this place, the wit
reffes and w itten testimony ; or tomake
arrangement, relative to that assistance of
counlel which my case requires, my age
and infirmities render essential, and a
longer time would enable me to procure.
I hope, Mr. President, I may be per
mitted to observe, that my private and
pro^ffional reputation for probity and
honor, has never been called in question.
I have sustained a high judicial character
for above sixteen years, and during the
firft fix I presided at the trial of more
criminals than any other Judge within
the United States. During this whole
period of time, my official conduct has
never been arraigned, except only in the
trials of Cooper, Fries and Callender,
above 4 years ago. For the truth of
these aflertions Tappeal to all who know
me ; and particularly to the two honora
ble Senators from Maryland.
In refpeft to the present prosecution I
will make but one remark : That I am
impeached for giving on the trial of Cal
lender several judicial opinions, in which
Judge Griffin, my associate, concurred ;
m, opinions are held to be criminal, or
that they flowed from partiality, and an
intention to oppress Callender ; but the
fame opinions given by my associate have
been considered perfectly innocent.
I have now only to solicit this honora
ble court to allow me until the firft day
of next session to put in my answer, and
to prepare for my trial ; and I lubmit
myfelf as to the further proceedings in
this case, to the diferetion of this honor
able court, in whose integrity, impar
tiality, and independence 1 repose the
higbeft confidence. I will not fora mo
ment believe that the spirit of party can
ever enter and pollute these walls, or that
popular prejudice or political motives will
be harbored in the bosom of any member
in this honorable body.
National Legfo'ure.
__a>—- — r
In SENATE, Jan. 2.
High Court of Impeachments.
THE UNITED STATES,
SAMUEL CHASE.
VERSUS
were ready te receive any answer te bad
to make.
Mr. Chafe requested, in confiderl^ion
of age and infirmity, the indulgence of a
chair, which being immediately furnifhed
he seated himfelf near the centre of the
area of the Senate chamber in front of the
President. The members were seated
in boxes covered with crimson on each
fide of the President and in a line with
his chair.
Mr. Chafe rose, and made several ob^
fervations of a general nature on the arti
cles of impeachment.
The President said this da, had been
appointed to receive any answer he might
make to them.
Mr. Chafe said his purpose was to re
quest the allowance of further time to
put in his answer.•
The President desired him to proceed.
Mr. Chafe began his argument in fa
vor of an extqMion of the time for put
ting in his answer. After making his
exordium he denied being guilty of all
or any of the articles exhibited against
him ; but said the charges were so hein
ous and urged by such 'high authority
that afimpledenial would not bd fufficient.
It behoved him therefore to evince the
rectitude of his conduct by meeting each
charge diftindly.
The President here interrupted him ;
and asked if the paper he was reading
was intended for his answer, if so it would
be put on file. If it was the prelude to
a motion he meant to make praying :o
be allowed further time for putting in
his answer, he would confine himfelf
ftrialy to what had relation tbthat obje&.
From the tenor of what had been u^ed
it had appeared to him as intended for an
answer to the articles of impeachment.
Mr. Chafe laid it was not his answer
that he was reading : but that he was
aligning reasons, why he could not now
answer, in order to drew that he was in
titled to further time to prepare and put
in his answer.
President. You, who are so conver
sant in the practice of courts of law,know
very well that a motion for time must
not be founded on mere suggestions, but
must be founded on some ta&s to prove
the propriety of the motion.
Mr. Chafe said he meant to shew the
impracticability of his answering at this
time, from the very articles themfelVcs,
& it was for that purpose he had hadan al
lusion to them.
The President said with the caution
he had given he might proceed, provided
no objections were made by any gentle
man of the Senate.
Mr. Chafe proceeded with his argu
ment, without interruption until became
to that part in which he stated he could
prove his innocence by the uniform tenor
of his public life—which would shew
that whilst those who accused him were
puling in their nurses arms, hisarms were
railed, and the utmost exertions of his
mind employed, in laying the foundations
whereon are ereded the liberty, happiness
and prosperity of our country.'
The President here interrupted him,
and said that observations of censure or
recrimination were not admiffable ; it
would be very improper for him to listen
to observations on the statements of the
House of Representatives before an an
swer was filed.
The President then informed him that!
the Senate would deliberate on his m-1
tion, and that the courts would be open
to-morrow at twelve o'clock.
The Senate immediately,on the invitaq
tion of the President, left the Senate
Chamber, and proceeded to a private
room. _:
During the whole ofthefe proceedings,
neither the managers, or Hbufe ofße-j
prefentatives, were prefent.l
't . THURSDAY, JAN.
The Secretary administered to tH
Mr. Chafe said he had very few words
more to add, and he should then finifh
fer the present. He was permitted to
proceed, and concluded with desiring
that he might be aitowed 'till the firft
day of the next session to put in his a^.
fwer and prepare himfelf with counsel for
his trial.?
The President desired him if he had
any motion to make to reduce it to wri
ting and hand it to the secretary,
Mr. Chafe hereupon stated bis motion,
in writing which was as above ftated,andi
was afterwards read by the secretary.