Part 73

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.

SAMUEL CHASE.

Sworn to, this third day of January, 1805, before

SAMUEL HAMILTON.

Whereupon the following motion was made by Mr. BRADLEY:

“Ordered, That Samuel Chase file his answer, with the Secretary of the Senate, to the several articles of impeachment exhibited against him, by the House of Representatives, on or before the ---- day of ----.”

On motion, by Mr. BRECKENRIDGE, to fill the blank with the words “the fourth day of February next,” the yeas and nays being taken, it passed in the affirmative--yeas 22, nays 8, as follows:

YEAS.--Messrs. Adams, Anderson, Baldwin, Breckenridge, Brown, Condit, Ellery, Franklin, Giles, Howland, Jackson, Logan, Maclay, Mitchill, Moore, Smith of Maryland, Smith of New York, Smith of Ohio, Smith of Vermont, Sumter, Worthington, and Wright.

NAYS.--Messrs. Bradley, Dayton, Hillhouse, Olcott, Pickering, Plumer, Tracy, and White.

Ordered, That the Secretary notify the House of Representatives, and Samuel Chase, thereof.

TRIAL OF SAMUEL CHASE.

MONDAY, February 4, 1805.

About a quarter before ten o’clock the Court was opened by proclamation, all the members of the Senate, thirty-four, attending.

The Chamber of the Senate, which is very extensive, was soon filled with spectators, a large portion of whom consisted of ladies, who continued, with little intermission, to attend during the whole course of the trial.

The oath prescribed was administered to Mr. BAYARD, Mr. COCKE, Mr. GAILLARD, and Mr. STONE, members of the Court, who were not present when it was before administered.

Ordered, That the Secretary give notice to the House of Representatives that the Senate are in their public chamber, and are ready to proceed on the trial of Samuel Chase; and that seats are provided for the accommodation of the members.

In a few minutes the Managers, viz: Messrs. J. RANDOLPH, RODNEY, NICHOLSON, BOYLE, G. W. CAMPBELL, EARLY, and CLARK, accompanied by the House of Representatives in Committee of the Whole, entered and took their seats.

SAMUEL CHASE being called to make answer to the articles of impeachment, exhibited against him by the House of Representatives, appeared, attended by Messrs. HARPER, MARTIN, and HOPKINSON, his counsel; to whom seats were assigned.

The PRESIDENT, after stating to Mr. CHASE the indulgence of time which had been allowed, inquired if he was prepared to give in his answer?

Mr. CHASE said he had prepared it, as well as circumstances would permit; and submitted the following motion:

“Samuel Chase moves for permission to read his answer, by himself and his counsel, at the bar of this honorable Court.”

The PRESIDENT asked him if it was the answer on which he meant to rely? to which he replied in the affirmative.

The motion being agreed to by a vote of the Senate, Mr. CHASE commenced the reading of his answer, (in which he was assisted by Messrs. HARPER and HOPKINSON,) as follows:

This respondent, in his proper person, comes into the said Court, and protesting that there is no high crime or misdemeanor particularly alleged in the said articles of impeachment, to which he is, or can be bound by law to make answer; and saving to himself now, and at all times hereafter, all benefit of exception to the insufficiency of the said articles, and each of them, and to the defects therein appearing in point of law, or otherwise; and protesting also, that he ought not to be injured in any manner, by any words, or by any want of form in this his answer; he submits the following facts and observations by way of answer to the said articles.