of the tranfaction. I thought the facts were much exaggerated, but there was not one word in the publication concerning the "feditious temper," which has been mentioned by Mr. Read. Q. Was there any commanding in the manner of judge Chafe to the attorney? A. There was more the ufual manner of a court to the prosecutor. Gunning Bedford cross-examined by Mr. Q. Was the title of the paper mention, ed by judge Chafe ? A. I believe not, I believe it was mentioned by me when the attorney was requested to procure a file of them. Q. Was not judge Chafe warm? A. He generally expreffes himself in a warm manner, but I faw nothing unusual in his manner on that day. Q. Did not an unufual concourfe of people attend on the fecond day? A. I believe there was more than fual, Q. Did not judge Chafe afk whether there were not two printers? A. He did when he faid that perhaps he might do the man an injury. Q. Do you recollect judge Chafe's expreffions on that occafion? in Delaware, while he could in every Nicholas Vandyke fworn and examined by Q. Was you in the circuit court at New Caft e in the month of June 1800, and what took place? A. I attended the circuit court held at New Caffle on the 27th and 28th of June 1800, as one of the bar. I was not prevent the first day when the court was opened but came in while the judge was deliver ing a charge to the grand jury. After this the grand jury retired to their chamber, they were there but a little while when they returned into cour. I have no diftinct recollection of a queftion being afk ed them by the clerk, I believe I was out at that time. I came to the bar while there was a paufe, when judge Chafe obferved that fince he had come to the state, he had been informed that there was a feditious printer among them, and he conceived it his duty to call the attention of the grand jury to the fubject. He appeared to be proceeding to state the name of the printer but he did not, whether he faid that it might be improper for him to mention the name, or that he might do the man in juftice, I do not remember. He then turned and asked the attorney whether there were not two printers in the state, who replied that there was. Some converfa tion then enfued: the fubftance was concern. ing an enquiry into the fubject. The judge <asked the attorney whether he could not procure a file of the papers; but I did not hear him mention the title. Some perfon at the bar mentioned where a fie could be procured, and the attorney faid that he would examine them, by the next morning. I then heard fome obfervations among the jury about being difcharged, and they requested the court to discharge them. Some of them ftated that they were farmers and that it was a busy season. Judge Chafe faid that the business to which he had called their attention was of confiderable importance to the community, and he could not discharge them until the next day. This is all that I recollect to A. They were very much in thefe terms, "perhaps I am going too far, or I may do the man an injury, have you not two printers?" the answer was in the affirmative. Q. Has it not been the practice in the circuit court of Delaware to difcharge the grand jury on the first day of the term? A. It is the ufual practice. Q. Did not judge Chafe obferve when fpeaking of the printer, "that if report did not belie him he came under the fedition law"? A. I did not hear him fay fo. Q. Did you not hear judge Chafe com. plain, that while he could not get any printer indicted in Delaware, that in Virginia he could not only get them indicted but convicted and punished? A. I do not recollect to have heard any fach expreffions. I have fome impreffion on my mind of hearing judge Chafe obferve in a public company" that it was hard he could not get a fingle man indicted Q. Did you return into court before the converfation commenced ? A. I came into court when there was a paufe, and then judge Chafe proceeded as I have juft ftated. Q. What was the manner of judge Chafe in fpeaking to the attorney? A. It was his ufual manner which is earneft and warm, but there was nothing which appeared uncommon. Q. Was there any thing imperative? A. It did fo ftrike me. I came into court the next day after the grand jury had retired. The attorney went up to them, and after a while the grand jury returned. A file of the paper called the Mirror of the Times," was then laid on the bar table. The judge then enquired of the attorney if he had found any thing in them. The attorney replied that there was nothing which he could fee except a publication against the judge himfelf. Judge Chafe faid" that has nothing to do with the subject, it is only for abufing the government that we are to take notice of printers, my fhoulders are broad enough to bear all they can fay about me. He then difcharged the grand jury. Archibald Hamilton fworn-examined by Mr. Harper. Q. Was you prefent at the circuit court held at New Caftle in June 1800, and What took place in court? A. I left home on the morning of the Court very early, with my father, who was the marshal of the district, and arrived at New Castle before judge Chafe. When the court was opened, the grand jury were called and fworn, and having being charged by judge Chafe they retired to their chamber. They remained there about an hour when they returned, and being afked by the clerk whether they had any prefentments to make, they replied in the negative. replied in the negative. The judge then afked the attorney whether he had any bufinefs to lay before them, who replied that he had not. Judge Chafe faid it was not ufual for a grand jury to be fo foon difcharged, that perhaps fome bufinefs might turn up. He obferved that he had been informed that there was a feditious printer in the state who was in the habit of abufing the government, that his name was, he here faid, "ftop, I may commit myfelf and do injuftice to the man, have you not two printers?" the reply that was there were. Judge Chafe then afked the attorney whether he could not procure a file of the papers. Mr. Read replied that he did not take the paper. Some perfon obferved that a file might be got of Mr. Crofs. Judge Chase then afked Mr. Read whether he would get and examine it. Mr. Read replied that he confidered it his duty and would do it. The judge then told the jury that they muft attend the next day. I was in court the next day when judge Chafe asked the attorney whether he had found any thing in the papers, Mt. Read replied there was nothing but a piece against the judge himfelf and was handing up the file for him to look at, judge Chafe faid "no, fir, my fhoulders are broad enough and can bear all the abuse, I am abused from one end of the continent to the other, but it is not of that I complain." He then difcharged the grand jury. Q. Did you hear any thing about a feditious temper ? A. There was no expreffion of that kind ufed. I was fitting by the fide of the clerk, directly under judge Chafe, and nothing of that kind could have been faid without my hearing it. Q. Are you certain that Mr. Read faid he conceived it his duty and would examine the file of papers? A. He faid that he confidered it his duty to enquire into fuch matters. John Hall forn, examined by Mr. Har per. did not attend particularly to any thing that took place of the first day. I attend ed the fecond day, when the grand jury. after remaining out about an hour, returned to their box. The ufual question was then asked them and answered in the nega tive. Judge Chafe then asked the attor ney whether he had found any. thing. Mr. Read then laid hold of a file of papers and Q. Was you in the circuit court at New obferved that there was a publication Caftle in June 1800 ? A. I was. Q Was you there when the court inet? A. I was prefent when the grand jury returned from their room, being at a diftance I could not hear every thing that paffed. Q. Did you hear any thing about the printer? A. Judge Chafe addreffed himfelf to the grand jury and faid that he had been informed that there were certain feditious publications in the ftate of Delaware, and afked them whether they had come under their notice. The jury replied that it Some converfation then took place between the judge and the attorney. The judge asked whether there were not two printers, and whether the attorney could not procure a file of the papers... had not. Q Did you hear judge Chafe fay that a highly feditious temper had manifehed itfelf among a certain defcription of people, in Delaware? A. I heard nothing of that kind nor did I hear him mention the county of New Cattle or town of Wilmington. On the morning of the 27th of June, the day on which the court met, I was applied to at Wilmington, by a doctor M'Mahon to know whether I had any of the papers called the "Mirror of the Times," he faid he wished to prefent them to judge Chafe, who was then on his way to New Caftle to hold a court. This Dr. M'Mahon was at that time a juftice of the and alfo was a grand juror. peace against his honor." The judge obferv ed that his fhoulders were broad enough to bear all their abufe, and that he only complained of their abufing the govern ment. He then difcharged the grand jury, Q. Do you know any circumftances relative to the difpofition of Mr. Read ? A. I prefume the converfations which I have heard are not evidence, but they are confidential ones; and I hope the court will not oblige me to reveal them. Mr. Harper.-My object is to diferedit Mr. Read, by fhewing acts of his at the time of taking his depofition. If the witness is unacquainted with any fuch circumftances, we have been misinformed-if it will oblige him to disclose a con.. fidential communication, we do not defire. him to answer. I withdraw the question.. you A. It is in the American of the 13th, of June, 1803. Q. Did you fend any other on this fub ject? A. I did not. Mr. Harper. We offer this publica. tion in evidence. From the AMERICAN. Upon the liability to IMPEACHMENT of JUDGE CHASE, for alledged MISBE HAVIOR IN OFFICE. "The judges both of the supreme and inferior courts. shall hold their offices during good be. havior." [Cons. sec. 1, art. 3] THE charge, delivered by judge Chafe to the grand jury, at the late circuit court of the United States, fketches of which have been given to the public, through the National Intelligencer, and American, may be denounced as a violent and malevolent attack upon the prefent adminiftration, the congrefs of the United States, and the legislature of Maryland. Judge Chafe feemed, on this occafion, to have exceeded the brawling Samuel Chafe, for incendiary, factious and turbulent language. He indicated from his expreffions, and his manner, a frong and invincible defire to inculcate in the minds of the jury, and bye-ftanders, a thorough contempt for the adminiftration; defcribing it weak, pufillanimous, relaxed, and not adequate to the due difcharge of the important functions attached to it; that its acis had not a tendency to produce the general happiness but had folely in its view, a continuance in unfairly acquired power. To congrefs, he afcribed a wilful and flagrant violation of the conftitution, in the repeal of the judiciary, and the confe quent removal from office of the fixteen judges; that by this act, the conftitution had received a mortal blow, as it totally demolished that independence in the judi eiary, which the conflitution contemplated to eftablish. He reflected upon the legislature of Maryland, as having been guilty of a fimilar flagrant infraction of the ftate Conftitution, in the repeal of the late state judiciary law, and in both inftances, afcribed to, and ftigmatized the fupporters of thofe meafures, with motives fubverfive of the conflitutions and governments, and destructive of, and dangerous to the tranquility, happiness and welfare of the community. He pronounced a fevere inveclive against the general fuffrage law, which was confirmed by the ftate legisla ture at the laft feffion; the framers of the conflitution, he obferved, which that law, by its confirmation, altered, were men of integrity, talents and found judg ment; that the names of many of them were honorably enrolled in the journals of the old congrefs; but it was with regret he had to remark, that the degenerate Tons of some of thofe diftinguithed cha racters, were the chief fupporters of this deftructive meafure; thus letting down the auguft and dignified character of judge, to a level with that of a difcon. tented electioneering reviler He itated, that this general fuffrage law, fruck deep at the independence of the ftate judiciary; for as the itate of Maryland and congrefs, had each, by a fingle repealing as, re. moved judges from their offices; and, as by, the general fuffrage act, every free male white perfon, having the qualifica tions of age and refidence, is now intitled to the right of fuffrage--although he may not have a property in, a common interest with, and an attachment to the communi ty; that no perfon competent to dif.harge the important duties of a judge, with ability, would be found to accept of an appointment, which must be held at the will of fuch men as must neceffarily be elected by fuch worthlefs voters. He cenfured the late as of the general government; and of the flate government as precipitating the country into potitive deftruction; and that to complete the ruin, there was but one act remaining to be done, and that was the confirmation of the bill, abolithing the court of appeals, and the general court, at the next leffion of the fate legislature: A reprefentative government he gave a definition of, pictured its excellencies and in frong language ipoke his admiration of it but in agonizing tones exprefled his regret, that our government, though intended to be reprefentative, was faft verging to a mobocracy. He described, that in that country where were equal rights and equal laws, that is, laws equally adminiftered, and that operate equally upon the rich and poor, there was freedom; but that that country was not ours; that we had no equal rights or equal laws. Throughout he contended, that the great bulwark of the conftitution, and fafeguard of the government, was ad independent judiciary; as it was made a dependent and reponible departP* now ment of government by the late proceed. ings of congrefs and legislature of Maryland, the conflitutions and governments muft fink into contempt. He gave an opinion, that there might be freedom in a monarchy, alluding per haps to the British government, and slavery in a republic, with an allufion perhaps to our own government. In a folemn and impreffive tone, he called upon the jury to paule to reflect on the awfully threatning crifis; and when they returned to their homes, to make a firm ftand, and ufe their best ex ertions to avert the impending evils, and fave their country-that we were reduced to this alarming fituation, by the people. being misled by art, falfhood and mifreprefentation; and that by correcting the errors, thus occafioned among the people, the evil might still be difpelled, and good order be again restored. To give, from recollection, all the venom he difcharged upon this memorable occafion, is impoffible-the above are many of the prominent fentiments expreffed in the extrajudicial part of this extraordinary and inflammatory charge. From the whole tenor of it, it exhibited a fixt intent to produce effects, hostile to the administration, and to the majorities in congrefs, and in the legislature of Maryland, and in fact, to revolutionize the flate. He appeared to be fo enveloped with the conceit of his popular election. eering powers, as to have lost all recol. lection of the univerfally received opinion, that to damn any political man, or meafure, it is only neceffary for him to advocate them, and to recommend them, is only for him to condemn, He feems alfo not to have been aware, that the adminiftration is popular; that the repeal of the judiciary by congrefs, and thereby removing the fixteen fuperfluous judges, is a measure that has been throughout the continent, generally approved; that the act to repeal the judiciary of the ftate of Maryland has been by the general court, in the cafe of ex-judge Wittington again judge Polk, pronounced conflitutional, and is a popular act in Maryland; and that the general fuffrage law is very generally well received; otherwife he would not, it is to be prefumed, have committed federalifm by thus publicly reviling thofe favorite theafures, and flandering their fupporters. But is it to be tolerated in a government, like that we have the happiness to live under; can it be fubmitted to, that the facred bench of justice fhall be erected into an electioneering tub; that our courts of law, inftead of adminiftering impartial justice, are to be made the vehicle for conveying to the people, tur bulent electioneering fpeeches; and instead of judges of our courts giving fupport to the laws, that they, for elec tioneering purposes, from the bench. hould treat them with contempt. and and abufe the framers of them; the judge fwears, that he will faithfully and impar tially difcharge and perform all the duties incumbent on him as circuit judge, ac. cording to the best of his abilities and understanding, agreeably to the constitution and laws of the United States; he cannot then be in the due and faithful difcharge of the duties of his office, when in the act, from the bench, of abuling the laws, the government and the first magistrate in the government. The judge laments, that by the late proceedings of congrefs, and the legislature of Maryland, the independency of the judiciary has been deftroyed-must not Ŭnited America regret that the digni ty, the refpectability, and the honorable reputation of our courts of justice have been prostrated to the dust, by conduct fo humiliating as that exhibited by the judge on this recent occafion? A judge of the fupreme court of the United States, under the 1st fection of the 3d article of the constitution holds his office during good behavior. A judge from the bench, debafes himself to a level with a turbulen', diffatisfied demagogue, and diffeminates fentiments to bring the government and laws into con empt and difrepute; and in the act of giving a folemn official charge to the grand inquest of the United States, departs from his judicial du y in order to excite discontent; affuredly fuch conduct cannot be construed good behavior, but must be confidered fuch misbehavior in office, under the cons itu ion, as richly to As it is good merit a forfeiture of office. behavior in a judge to fupport the laws and administer them impartially, fo it must |