Alexandria Daily Advertiser

CONGRESS
OF THE
UNITED STATES.

HOUSE OF REPRESENTATIVES.

Thursday, January 5.

- DEBATE

On Mr. Randolph's motion for the appointment of a committee of enquiry into the official conduct of SAMUEL CHASE.

Mr. J. Randolph said, 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 U. States and of many of the states also, had rendered the magistrates who decided judicially between the state, and its 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 could 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 the 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) precluded 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 enquire into the official conduct of SAMUEL CHASE, one of the Associate Justices 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.

After the motion made by Mr. J. Randolph had been read from the chair, Dr. Mitchell said before the question was taken he should be glad, from the novelty and serious nature of the proposed measure, to hear a statement by his friend from Virginia of the reasons in detail on which it was founded.

Mr. J. Randolph observed, that when he was up before he had stated that the gentleman from Pennsylvania (Mr. Smilie) had, at the last session of Congress, given a description of the official conduct of the officer to whom the resolution referred, which he considered the house bound to notice. It could not be conceived that the gentleman would have laid before the house a statement, the facts of which were not supported by his own knowledge, or by evidence on which he could place the utmost reliance. He did not conceive this to be a time to decide whether the information exhibited by the gentleman from Pennsylvania was or was not correct. At present an enquiry alone was proposed. If it should be made, it must result either that the conduct of the judge would be found to be such as not to warrant any further proceedings on the part of the house, or such as would require the interposition of that authority, which, as the immediate representatives of the people, they alone possessed. If on enquiry the committee shall be persuaded that the judge has not exceeded his duty they will so report: If, on the contrary, they find it such as to require the interposition of the house, they will recommend that course of proceeding to which the house alone is competent.

With respect to the facts which had come to his knowledge, Mr. R. said, they were such as he did not wish to state; he preferred its being done by witnesses who were most competent to do it correctly.