I not only be misbehavior in office, but a high misdemeanor in a judge in difcharging an official duty, to affail the government and attempt to fhake it to its very centre. By the constitution, congrefs have the fale power by impeachment of removing a judge of the fupreme cour for misbe havior in office. It must rest then with the next congrefs to wipe off his defilement from our courts, by removing from the bench, the obnoxious rubbish which has occafioned it. The streams of justice running with a pure and steady current, diffufe bietings; choaked and impeded, and diverted to o her channels, they excite con agion; but i is a pleafing reflection, tha congrefs is armed by the constitution with powers to difpel the contagion, and to restore falubrity to our judicial atmosphere. And we have pledge, that congrefs will exercife thofe importan powers upon all neceffary and proper occalions, from he firm and manly ufe of hein, in the instance of the pesti ferous midnight appointments of the fix een judges. a When it is recollected that at the impor tant crisis of adopting the federal conftitution. the junto, of oppofitionists in Baltimore, to which Mr. Chafe was, with every nerve attached, repeatedly made the public avowal, that having directly used their best exertions to prevent the adoption and failed; that when the conftitution fhould be in operation, it would be their object to undermine it indirec ly, by getting themselves into offices un er it; when this is recolleted, it should feem that judge Chafe still held this dangerous principle; for he has, by fome means, warped himfelf into the high and dignified atation of judge of the fupreme and federal court, and makes himself in it, to degrade the judiciary, and in the difcharge of his judic al duties he feems to exercife his belt powers to bring the other two departments of government into disrepute and contemptby fpeaking difrefpectfully of the first executive officer, and vilifying the proceedings of the legislature. A judge thus actuated upon whofe opinions hang the lives, liberties and properties of fo many, and the tranquility of the commu. nity likewife, what an immenfe range of mifchief may he effect but before material injury is accomplished, it is devoutly to be hoped, he will be stripped of the powers of doing any. Upon a former occafion, the legislature of Maryland, to gratify its infulted conflitution, and to remove judge Chafe from the beach of one of its courts, was constrained, as the only poflible way to redrefs the indignity, to demolish the very court over which he prefided, and restore the jurifdiction of the court to the channel from which it was originally taken. It But the infult to the constitution of Maryland was inconfiderable, in com. parifon to the degradation fustained by the federal courts, by the extra-judicial conduct of this identical judge Chafe is fuch a conduct, and fuch a wilful abuse of office in a judge, that congrefs will not, it is expected, fanction by filence, but will rather deter an imitation and repe tition of it, by making an impressive and folemn example in this instance. Mr. Harper, having read the paper as here inferted, faid, "fuch is the temper in which this witness viewed the tranfaction about which he has given teftimony. We fhall now call witneles to prove that Mr. Montgomery, in his zeal to get judge Chafe impeached, has recollected facts which were abferved by no other perfon prefent; and which certainly never did happen." Here Mr. Randolph called on the Prefi dent, to know, whether the witnesses for the profecution were not under the protec tion of the court? Prefident. Moft certainly they are But counfel have a right to ftate that they will contradict and difprove what a wit nefs has fworn. When they make fuch a ftatement, they do it under a great refponfibility, and will be liable to ftrong cenfure, fhould they fail to fupport it. But if they completely fupport it by teftimony, they can be fubject to no blame. Mr. Harper. I am fully apprized, fir, of the fituation in which I ftand, and am prepared to meet it. William II. Winder was then called and fworn-But before he was examined, Mr. Harper rofe and added, in which i have faid, fir, refpecting Mr. Montgomefy's teftimony, I do not wish to be underhood as intending to charge him with intentional falfehood. We have nothing to do with his intentions, motives or belief; por do we claim any right to enquire into them. It is enough for us to prove, that the tacts to which he has depofed, never did take place. The object of our testimony will be to fhew, that he was very angry, and that in his anger he fuppofed bimfelf to hear things which were never fpoken. William H. Winder examined by Q: Was you in the circuit court in Baltimore, in May 1803, when a charge was delivered by judge Chafe? A. I was prefent at the circuit court when he grand jury were impannelled, and when the charge aliuded to was deliv ered. After fpecifying the laws which were to come under the notice of the grand jury, judge Chafe begged leave to detain them, while he made fome general obfervations on the ftate of affairs, He began with fome obfervations on the natute of a republican government, ard alfo went into a difcuffion of natural rights, which he denied to be true, and faid that liberty confifted in equal protection by the laws. He then animadverted on the repeal of the judiciary fyftem, and faid that it had a tendency to fubvert the independence of the judiciary. He then adverted to fome of the fate laws-he mentioned the law by which the district judges of the fate had been removed from office, and obferved that one of the strongest objec tion to that law was the motives by which it had been enacted, which mo. tives had been animadverted on in Congrefs in the debate on the repeal of the judiciary fyftem, He then made fome allufion to the bill for the repeal of the general court and court of appeals of the Aate-he faid he faw with regret, the fons of fome of thofe men, who had reared the fair fabric, affifting to demolish it he alfo fpoke againft the general fuff rage law. I believe I have ftà ed my ideas of the charge in as ftrong language as the judge ufed. I have never feen any publication of the charge fince the first came out. I was, after being fummoned, about to look over all those publications, but upon reflection I conceived, that I fhould be better able to give my ideas of the charge without reading any of them, because they might tend to miflead me. Q. Did you attend particularly to the charge? A. I fat in fuch a fituation that I could hear the whole, and did attend particu larly to it. The court was held in a tavern, and the members of the bar were feated around tables. I fat about the middle, directly facing the judge. Q. Was the charge read from a paper? A. I think the judge read the whole. I have no recollection that he read a whole fentence without looking at the paper. Q. Did you hear any thing about the prefent adminiftration "being weak and relaxed, and not acting for the public' good, but to preferve themselves in unfairly acquired power"? A, I heard nothing of that kind.-Im mediately after the delivery of the charge, a converfation took place at the bar concerning it. Some gentlemen com. plained of it as reflecting on thofe perfons, who were engaged in making the laws, which had been fpoken of, in too harsh terms, and the general impreffion on any mind was, that I heard nothing which, could give offence to any perfon. fent adminiftration at all? Q. Did judge Chafe mention the pre A. I can answer negatively to that queftion as ftrong as I could do to any other. Q. In whet manner did he fpeak of the degeneracy of fons, was it in terms of reproach? A. It appeared to me to he fpoken of as a fubject of regret. I faw the publication in the National Intelligencer, and it contained the account of the charge in as ftrong language as the judge ufed, 100 tre he ba te William H. Winder cross-examined by Mr. templated for the abolition of the general Nicholson. Q. In fpeaking of the repeal of the judiciary fyftem, did you fay that judge Chafe made fome comments on the motives of the members of congrefs? A. It was on the law of Maryland about which he spoke of the motives of the members, which motives had been much animadverted on in congrefs. court. He spoke incidentally of the evil likely to refult from the repeal of the ju diciary fyftem of the United States, and faid that it was ftill more important that the independency of the ftate judiciary fhould be preferved, when that of the federal judiciary had been fo much impaired. I regretted that this political charge should have been delivered, because I had heard fo much faid against them, and was very attentive to what paffed. I am 2. What did he say were the motives?very confident, that all the political ob A. The motives were avowed at the time of the paffage of the law, and were to get clear of the judges and not to amend the judicial fyftem. I believe that there was not the leaft alteration in the fyftem. Q. Was there not an alteration with refpect to granting habeas corpus's? A. Perhaps there might have been fome alteration in that refpect. I believe upon reflection that the fum for which an habeas corpus was granted, was raised from twenty pounds fterling to two hun dred dollars. fervations made were relative to ftate regulations, fave only the incidental mention of the law of the United States. Q Was the charge delivered from a paper? form, as to that part of his charges which A: Judge Chafe has a kind of standing relates to the duties of the grand jury. He into goes a general definition of the path of the grand jury, and then gives different laws in charge to them. In this inftance he had a marble coloured book, and I obferved that the charge was in the hand-writing of his fon, Mr. Thomes Chafe. Very frequently judge Chafe paufed at the end of a fentence, and I thought his attention was directed to the book from the beginning to the end of the charge, particularly the political part of it. Q. Were any expreffions applied to the prefent administration? A. My recollection is very ftrong on the fubject, and I do believe that the prefent adminiftration was not mentioned. I am fure that if any thing of that kind had fallen from judge Chafe, it would have made a ftrong impreffion on my mind, and that he did not ufe any fuch expreflions. I never heard any charge from judge Chafe reflecting on any adminiftration. Q. Has not the general tenor of his charges been to inculcate a fubmiflion to the laws and fupport of the government? A. Under the former administration, he recommended a fupport of it; fince the change has taken place, he has made no allufion to the adminiftration, but gene rally recommended a fubmiffion to the laws, and fupport of the government. Q. Is it the practice in Maryland for counsel to addrefs the jury on the law in criminal cafes ? A. I have never known but one inftance of the kind, and that was a cause in which the fecretary of the navy and my In that felf were engaged as counfel. cafe the counfel did addrefs the jury on -the law, and a verdict was obtained, contrary to both law and juftice. Q. Have you ever feen counfel addrefs the jury on the law after the opinion of the court was delivered? A. I never have. James Winchester cross-examined. Q. Have you ever known an opinion delivered on a point of law, before the caufe was entered into? A. I never have. Q. Did judge Chafe recommend to the A. It is. Q. Did you copy the conclufion of this charge from any paper? A. I copied it by the direction of my father (judge Chafe) from the words, "Before you retire, gentlemen, to your chamber," to the words, "that their fathers erected," from a paper in his hand writing, into this book, before the feffion of the circuit court in the city of Bal timore, in the month of May 1803. Question by Mr. Martin. You never altered any part of this charge, Mr. Chafe? A. I never did. Mr. Harper-This book contains the the whole conclufion of the charge deli vered by judge Chafe, and having proved the book, we shall offer it in evidence to this honorable court. jury to prevent the enaction of the law Philip Moore worn-examined by Mr for the abolition of the general court ? A. I do not recollect the language, but that appeared to me to be an inference drawn from the charge. Q. Suppofe in a capital cafe, you deemed the opinion of the court erroneouswould you not address the jury on the law? A. If I conceived the opinion of the The court then adjourned. Harper. Q. Do you know this book ?-(fhewing one.) A. Judge Chafe was in the practice of delivering charges from a book like that, which was in the hand writing of his fon, Mr. Thomas Chafe. Q. Are you not clerk of the circui court of Maryland? A. I am. Q. Did you pay particular attention to the charge, and was it read from a book? A. I paid particular attention to it, and I believe the judge read the whole from a book. Q. Did you hear any thing faid about Thomas Chafe forn-examined by Mr. the prefent adminiftration? Harper. app? Q. Look at the paper, exhibit No. 8, p.bo. (handing it to him)-do you know the hand writing? A. It is in my hand writing. A. I did not hear the judge on that occafion, nor in any charge, fay any thing concerning the prefent adminiftration. Q. Have you any particular reafon for fuppofing, that had any obfervations of Q. Is this book (fhewing him one) in that kind been used, you would have your hand writing alfo? membered them? A. My impreffions have always been Favorable to the prefént adminiftration, and the judge's have been the reverfe; therefore I think that fuch obfervations must have ftruck me. Philip Moore cross-examined by Mr. Ni cholson. Q. Was there any recommendation to the jury to prevent the enaction of the law for the abolition of the general court? A. I do not remember any. diftinctly. I have always been accuftom. ed to pay particular attention to the charges delivered by judge Chafe. QDid you hear any thing faid about the prefent administration? A. I have no recollection of any men tion being made of the administration, except fo far as they might be connected with the repeal of the judiciary fystem. Í have not the flighteft impreffion of any expreffions having been ufed reproachful to the prefent adminiftration. After the charge was delivered, it was the fubject Walter Dorsey sworn-examined by Mr. of converfation. I then obferved that I Harper. Q. Was you in court when the charge was delivered by judge Chafe in May, i803 ? A. I was prefent when the charge was delivered, and was in fuch a fituation that I could hear the whole charge distinctly. Mr. Montgomery fat next to me. The first part of the charge was familiar to me; but I attended particularly to the political part. Q. Did you hear any thing faid concerning the prefent adminiftration ? A. My attention was particularly di. rected to the charge, on account of my feeing an editor prefent, and expecting that the charge would be the fubject of newspaper animadverfion, I have not the moit diftant recollection of any thing of that kind having been faid, Whether judge Chafe did recommend it to the grand jury to use their endeavors to prevent the paffage of the law for the aboli. tion of the general court, or whether it was only an inference, I am unable to fay. Q. Was the charge read by judge Chafe? A. The whole of the charge appeared to be read from a book. difapproved of political charges; but that the fentiments contained in the charge were unexceptionable; and it does appear to me that I should not have expreffed myfelf in this manner, had the judge's charge contained the expreffions which it has been faid to have contained. 2. Mr. Purviance, you have been accuf tomed to plead in the courts where judge Chafe has prefided-Is it not his habit to interrupt counsel while speaking, and state his impreffions? 2. I have always noticed that judge Chafe interrupted counfel very frequent, and I have always attributed it to quickness of apprehenfion in the judge: a 2. Is he more in the habit of interrupt: ing thofe gentlemen with whom he is not on good terms with, than thofe with whom he is ? A. I have never feen any difference. I have remarked, with deference to the judge, that he frequently wanted patience, and would often interrupt counfel when he conceived the law to be against them; but have noticed that when counfel have, in polite terms, infifted on going on, that he always heard them; and I have made the remark, that judge Chafe has always manifefted a difpofition to retract his errors, I John Purviance forn-examined by Mr. when convinced of them, aloft unparal Harper. Q. Was you prefent when the charge was delivered by judge Chafe to the grand jury at Baltimore in May, 1803? A. I was prefent when the charge was delivered, and heard every word of it led in a judge. Nicholas Brice forn-examined by Mr. Harper. 2. Was you prefent in the circuit court at Baltimore, in May 1903, when the charge was delivered? |