of my defence and my answer, and have exerted myself in finding out and procuring the requisite testimony; but the difficulties which I have stated, added to my ill state of health during a great part of the last year, have prevented me from making such progress, as to afford me the hope of being able to obtain the object in a very short time, I have done much, but much, very much, remains to be done, even in those parts of the prosecution where I had some notice by the proceed ings of last session. In those very material parts which have originated during the present session, every thing is still to be done. It may perhaps be thought, that although these preparations might be necessary for the trial, they are not so for the answer. But such an opinion I trust, would on examination be found erroneous. 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 prosecutors might be surprised at the trial, by objections, which with previous notice, it would be in their power to refute or explain. The accused therefore, before he puts in his answer, ought to have time sufficient for making himself thoroughly master of his defence, of the grounds on which it rests, and of the facts and evidence by which it is to be supported. He ought to be completely prepared for the trial; between which and the answer no delay need to take place, except such as may be necessary for convening the wit nesses. In so material a part of his preparation for defence, as the drawing up of his answer, it will not, I presume,' be denied that he ought to have an opportunity of obtaining the best professional assistance which it may be in his power to procure. This assistance is rendered peculiarly necessary to me, by the very precarious state of my health; which affords me, at this season of the year especially, but short and uncertain intervals of fitness for mental or bodily exertion. Should my answer be required in a short time, I have no reason to suppose that I shall be able to obtain such assistance of this kind as I so much need, and as probably, I shall otherwise have in my power. Professional gentlemen, engaged extensively in business, are at all times too liable to interruption, and too much occupied to devote themselves exclusively to an affair of this nature, so as to complete it within a short period; and at this season of the year, they are for the most part particularly and indispensably engaged. In These reasons in favor of a liberal allowance of time for preparing the answer, derives great additional force from one further consideration which I hope that I may without impropriety present to the view of this honorable court. Reputation ought to be more dear to every man, and is more dear to me than the honors or the emoluments of office. cases of impeachment, the facts which appear, the explanations which are given, and the arguments which are urged at the trial, are sometimes wholly omitted in the statements given to the public, and often misrepresented, or stated too indistinctly to be generally understood. It is to the answer that the world must look, for the justification of the accused. It is by his answer alone, that he can furnish a clear, concise and authentic explanation of his conduct and his motives, supported by such statement of his proofs, as can be extensively read, clearly understood, and easily remembered. He may therefore claim from justice, and expect from the high dignity and responsible character of this 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. I But this vindication, situated as I am, and as this case is,fcannot be the work of a few weeks. Much time has been employed in preparing the accusation; less will be required for the defence; but a short time will not suffice. I am far from presuming to prescribe to this honorable court, whose sense of justice, and disposition to grant every proper indulgence, I cannot doubi-But it may perhaps be not improper to suggest, that by the first 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 witnesses could be collected. declare that it will be impossible for me to prepare my answer in such time as to commence the trial during this session with any prospect of bringing it to a close before the session must end; and were I to omit that full answer which I wish to give, it would be impossible for me, in the course of this session, (only two months of which now remain) to ascertain fully all the facts necessary for my defence; to find out and bring to this place the witnesses and written testimony; or to make arrangements relative to that assistance of counsel which my case requires, my age and infirmities render essential, and a longer time would enable me to procure. In stating these considerations, Mr. President, in support of a request for a continuance of this case, I disclaim all intention of affected delay. Feeling a consciousness of any integrity, and a just pride of character, which place me far above the fear of events, I am anxious to meet this accusation, and I rejoice in an opportunity of refuting it. I know that my conduct, though liable to a full portion of human error, has at all times been free from intentional impropriety. I know that in all the instances selected as the grounds of accusation, I have discharged my official duties with a sacred and inviolate regard to my oath, my character, the laws of my country, and the rights of my fellow citizens. I know that I can prove my innocence as to all the matters alledged against me. And acrimonious as are the terms in which many of the accusations are conceived; harsh and opprobious as are the epithets wherewith it has been thought proper to assail my name I hope, Mr. President, I may be and character, by those who were permitted to observe, that iny private "puling in their nurse's arms," and professional reputation for prowhilst I was contributing my utmost bity and honor has never been called aid to lay the ground work of Amer- in question. I have sustained a ican liberty: I yet thank my accu- high judicial character for about sixsers, whose functions as members of teen years, and during the first six, the government of my country II presided at the trial of more crimihighly respect, for having at length put their charges into a definite form, susceptible of refutation; and for having thereby afforded me an opportunity of vindicating my innocence, in the face of this honourable court, of my country, and of the world, 1 nals 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, about four years ago. For the truth of these assertions, I appeal to all who know me; and swer and prepare himself with coun particularly to the two honorable sel for his trial. Which was read Senators from Maryland. by the secretary. In respect to the present prosecution I will make but one remarkThat I am impeached for giving on the trial of Callender, several judicial opinions, in which Judge Griffin, my associate, concurred; my opinions are held to be criminal, or that they flowed from partiality, and an intention to oppress Callender; but the same opinions given by iny associate, have been considered perfectly innocent. I have now only to solicit this honorable court to allow me until the first day of next session to put in my answer, and to prepare for my trial; and I submit myself as to the further proceedings in this case, to the discretion of this honorable court, in whose integrity, impartiality and independence, I repose the highest confidence: I will not for a moment 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 of this honorable body. On the contrary, I hope and expect that all its decisions will be governed by 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 obligations of a Christian judge, to support and observe." The President then desired Mr. Chase if he had any motion to make, to reduce it to writing and hand it to the secretary. Mr. Chase hereupon stated his motion in writing, which was that he might be allowed until the first day of the next session to put in his an that it is not in his power to obtain information respecting the facts alledged in the articles of impeachment to have taken place in the city of Philadelphia, in the trial of John Fries; or of the facts alledged to have taken place in the city of Rich mond, 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 suminon, in time to obtain their attendance, if his answer could be prepared in time sufficient for 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 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 compare 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 information of facts, in order to prepare his answer, and for time to procure the 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. B |