Part 32

A short time previous to the glorious fourth of July, Mr. Chase discovered that a Judas was among them in the person of the Rev. Dr. Zubly of Georgia, who was clandestinely corresponding with the enemy. So suddenly did this ardent patriot proclaim the name of the traitor upon the floor of Congress, that “the gentleman from Georgia” admitted the truth of the charge and immediately retired from the house. His arrest was ordered, but when the officers went to his cage the bird had flown and was never “bagged.” No member but the accuser and the accused knew the fact before it fell upon their ears from Mr. Chase, like a thunder clap without a cloud in view. No one served upon more committees during his time in Congress, and no one performed his duty more cheerfully and faithfully than Mr. Chase. In every branch of legislation he was found fully competent to act well his part. In forming the articles of confederation he was all life and industry; he considered their adoption indispensably necessary to insure the completion of the good work already begun. The manner of representation, the mode of voting and the claims to the south sea, were the three points that elicited the most discussion. They were finally concluded and carried the colonies safely through their long and bloody struggle.

In the fall of 1776 Messrs. Chase, Wilson, Clymer, Stockton and Smith, were appointed a committee to take charge of the war department, the duties of which involved the great business of the nation. This power was subsequently delegated to Washington, which relieved these gentlemen from a most onerous burden. They cheerfully commenced their labours and as cheerfully resigned their task to him, in whose discretion and ability they had full confidence.

About this time Mr. Chase gave another example of his bold and fearless disposition. It was ascertained that many of the members of the society of Friends, in and about Philadelphia and New Jersey, inimical to the American cause, were circulating papers calculated to impede its progress, were acting in concert with the tories, and were in communication with the enemy; a report of which, with documents substantiating the charges, was submitted to Congress by the committee for suppressing internal enemies, of which he was the prominent member.

The exposure resulted in the confinement of several leading Quakers, a suppression of the seditious papers, and a course of more respectful neutrality by the society. The measure was then deemed harsh by some, and, at first view, will appear more so now; but on examination, taking into consideration all the circumstances of war, it will be found to be in accordance with the rules of epic law. Agreeably to the martial code of other nations, then the precedent guide for Congress, the punishment might have been much more severe. By the religious tenets of the society of Friends it can never be sanctioned, and by every friend of liberty, the necessity of such a case, imposed by the rules of war, is always regretted. Every social compact and nation must be subject to its own laws, and minor parts of a community must submit to the ruling majority or superior power, or government cannot be maintained in any form. In 1777, Mr. Chase proposed a resolution to make loan office certificates a legal tender from whigs to tories for the payment of debts due. In 1778, the British parliament attempted a stratagem by which they hoped to create a division among the patriots by disseminating conciliatory propositions among the people, and by appointing commissioners, who, when they arrived, proposed conditions of inglorious peace. These promissory and flattering papers were widely circulated, and to counteract their influence it was necessary that Congress should prepare an answer. This task was imposed upon a committee and by that committee upon Mr. Chase. Most ably did he perform his duty. He unmasked the hypocrisy of the ministers, exposed their delusive gull trap to derision and scorn, and left them without a loop to hang upon. So well was it received by Congress that an unusually large number was ordered to be printed, and a resolution passed recommending the clergy throughout the country to read it to their congregations after service on Sundays. Like all the other plans of the British cabinet then devised for enslaving the colonies, it recoiled upon their own heads with all the force of re-action. The following is a copy of the answer written by Mr. Chase.

“Three years have now passed away since the commencement of the present war. A war without parallel in the annals of mankind. It hath displayed a spectacle the most solemn that can possibly be exhibited. On one side, we behold fraud and violence labouring in the service of despotism; on the other, virtue and fortitude supporting and establishing the rights of human nature.

“You cannot but remember how reluctantly we were dragged into this arduous contest, and how repeatedly, with the earnestness of humble entreaty, we supplicated a redress of our grievances from him who ought to have been the father of his people. In vain did we implore his protection; in vain appeal to the justice, the generosity of Englishmen; of men who had been the guardians, the asserters and vindicators of liberty through a succession of ages; men, who, with their swords had established the firm barrier of freedom, and cemented it with the blood of heroes. Every effort was vain; for even whilst we were prostrated at the foot of the throne, that fatal blow was struck which hath separated us forever. Thus spurned, contemned and insulted; thus driven by our enemies into measures which our souls abhorred, we made a solemn appeal to the tribunal of unerring wisdom and justice. To that Almighty ruler of princes whose kingdom is over all.

“We were then quite defenceless. Without arms, without ammunition, without clothing, without ships, without money, without officers skilled in war; with no other reliance but the bravery of our people and the justice of our cause. We had to contend with a nation great in arts and in arms, whose fleets covered the ocean, whose banners had waved in triumph through every quarter of the globe. However unequal this contest, our weakness was still farther increased by the enemies which America had nourished in her bosom. Thus exposed on the one hand to external force and internal divisions; on the other to be compelled to drink of the bitter cup of slavery and to go sorrowing all our lives long—in this sad alternative we chose the former. To this alternative we were reduced by men, who, had they been animated by one spark of generosity, would have disdained to take such mean advantage of our situation, or had they paid the least regard to the rules of justice would have considered with abhorrence a proposition to injure those who had faithfully fought their battles, and industriously contributed to rear the edifice of their glory.

“But however great the injustice of our foes in commencing this war, it is by no means equal to that cruelty with which they have conducted it. The course of their armies is marked by rapine and devastation. Thousands, without distinction of age or sex, have been driven from their peaceful abodes to encounter the rigours of inclement seasons, and the face of heaven hath been insulted by the wanton conflagration of defenceless towns. Their victories have been followed by the cool murder of men no longer able to resist, and those who escaped from the first act of carnage have been exposed by cold, hunger and nakedness—to wear out a miserable existence in the tedious hours of confinement, or to become the destroyers of their countrymen, of their friends, perhaps, dreadful idea! of their parents or children. Nor was this the outrageous barbarity of an individual, but a system of deliberate malice, stamped with the concurrence of the British legislature, and sanctioned with all the formalities of law. Nay, determined to dissolve the closest bonds of society, they have stimulated servants to slay their masters in the peaceful hour of domestic security. And, as if all this were insufficient to slake their thirst of blood, the blood of brothers, of unoffending brothers, they have excited the Indians against us; and a general, who calls himself a christian, a follower of the merciful Jesus, hath dared to proclaim to all the world his intention of letting loose against us whole hosts of savages, whose rule of warfare is promiscuous carnage—who rejoice to murder the infant smiling in its mother’s arms—to inflict on their prisoners the most excruciating torments, and exhibit scenes of horror from which nature recoils.

“Were it possible, they would have added to this terrible system: for they have offered the inhabitants of these states to be exported by their merchants to the sickly, baneful climes of India, there to perish: an offer not accepted, merely from the impracticability of carrying it into execution.

“Notwithstanding these great provocations we have treated such of them as fell into our hands with tenderness, and studiously endeavoured to alleviate the afflictions of their captivity. This conduct we have pursued so far as to be by them stigmatized with cowardice, and by our friends with folly. But our dependence was not upon man. It was upon Him who hath commanded us to love our enemies and to render good for evil. And what can be more wonderful than the manner of our deliverance? How often have we been reduced to distress, and yet been raised up? When the means to prosecute the war have been wanting to us, have not our foes themselves been rendered instrumental in providing them? This hath been done in such a variety of instances so peculiarly marked almost by the direct interposition of Providence, that not to feel and acknowledge his protection, would be the height of impious ingratitude.

“At length that God of battles, in whom was our trust, hath conducted us through the paths of danger and distress to the thresholds of security. It hath now become morally certain, that if we have courage to persevere we shall establish our liberties and independence. The haughty prince who spurned us from his feet with contumely and disdain; and the parliament which proscribed us, now descend to offer terms of accommodation. Whilst in the full career of victory, they pulled off the mask and avowed their intended despotism. But having lavished in vain the blood and treasure of their subjects in pursuit of this execrable purpose, they now endeavour to ensnare us with the insidious offers of peace. They would seduce you into a dependence which, necessarily, inevitably leads to the most humiliating slavery. And do they believe that you will accept these fatal terms? Because you have suffered the distresses of war, do they suppose that you will basely lick the dust before the feet of your destroyers? Can there be an American so lost to the feelings which adorn human nature—to the generous pride, the elevation, the dignity of freedom? Is there a man who would not abhor a dependence upon those who have deluged his country in the blood of its inhabitants? We cannot suppose this, neither is it possible that they themselves can expect to make many converts. What then is their intention? Is it not to lull you with the fallacious hopes of peace, until they can assemble new armies to prosecute their nefarious designs? If this is not the case, why do they strain every nerve to levy men throughout their islands? Why do they meanly court every little tyrant of Europe to sell them his unhappy slaves? Why do they continue to embitter the minds of the savages against you? Surely this is not the way to conciliate the affections of America. Be not therefore deceived. You have still to expect one severe conflict. Your foreign alliances, though they secure your independence, cannot secure your country from desolation, your habitations from plunder, your wives from insult or violation, nor your children from butchery. Foiled in their principal design, you must expect to feel the rage of disappointed ambition. Arise then! to your tents! and gird you for battle. It is time to turn the headlong current of vengeance upon the heads of the destroyers. They have filled up the measure of their abominations, and like ripe fruit must soon drop from the tree. Although much is done, yet much remains to do. Expect not peace whilst any corner of America is in possession of your foes. You must drive them away from the land of promise, a land flowing indeed with milk and honey. Your brethren at the extremities of the continent already implore your friendship and protection. It is your duty to grant their request. They hunger and thirst after liberty. Be it yours to dispense the heavenly gift. And what is there now to prevent it?

“After the unremitted efforts of our enemies we are stronger than before. Nor can the wicked emissaries who so assiduously labour to promote their cause, point out any one reason to suppose that we shall not receive daily accessions of strength. They tell you, it is true, that your money is of no value; and your debts so enormous that they can never be paid. But we tell you that if Britain persecutes the war another campaign, that single campaign will cost her more than we have hitherto expended; and yet these men would prevail upon you to take up that immense load, and for it to sacrifice your dearest rights; for surely there is no man so absurd as to suppose that the least shadow of liberty can be preserved in a dependant connexion with Great Britain. From the nature of the thing it is evident that the only security you could obtain, would be the justice and moderation of a parliament who have sold the rights of their own constituents. And this slender security is still farther weakened by the consideration that it was pledged to rebels, (as they unjustly call the good people of these states,) with whom they think they are not bound to keep faith by any law whatsoever. Thus would you be cast bound among men whose minds, by your virtuous resistance, have been sharpened to the keenest edge of revenge. Thus would your children and your children’s children, be by you forced to a participation of all their debts, their wars, their luxuries and their crimes; and this mad and this impious system they would lead you to adopt because of the derangement of your finances.

“It becomes you deeply to reflect on this subject. Is there a country upon earth which hath such resources for the payment of her debts as America? Such an extensive territory; so fertile, so blessed in its climate and productions. Surely there is none. Neither is there any to which the wise Europeans will sooner confide their property. What then are the reasons that your money hath depreciated? Because no taxes have been imposed to carry on the war; because your commerce hath been interrupted by your enemies’ fleets; because their armies have ravaged and desolated a part of your country; because their agents have villanously counterfeited your bills; because extortioners among you, inflamed with the lust of gain, have added to the price of every article of life; and because weak men have been artfully led to believe that it is of no value. How is this dangerous disease to be remedied? Let those among you who have leisure and opportunity collect the monies which individuals in their neighbourhood are desirous of placing in the public funds. Let the several legislatures sink their respective emissions, that so there being but one kind of bills there may be less danger of counterfeits. Refrain a little from purchasing those things which are not absolutely necessary, that so those who have engrossed commodities may suffer, (as they deservedly will,) the loss of their ill gotten hoards, by reason of the commerce with foreign nations, which the fleets will protect. Above all, bring forward your armies into the field. Trust not to appearances of peace or safety. Be assured that unless you persevere you will be exposed to every species of barbarity. But if you exert the means of defence which God and nature have given you, the time will soon arrive when every man shall sit under his own vine and fig-tree, and there shall be none to make him afraid.

“The sweets of a free commerce with every part of the earth will soon reimburse you for all the losses you have sustained. The full tide of wealth will flow in upon your shores, free from the arbitrary impositions of those whose interest and whose declared policy it was to check your growth. Your interests will be fostered and nourished by governments that derive their power from your grant, and will be obliged, by the influence of cogent necessity, to exert it in your favour.

“It is to obtain these things that we call for your strenuous, unremitted exertions. Yet do not believe that you have been or can be saved merely by your own strength. No! it is by the assistance of heaven; and this you must assiduously cultivate by acts which heaven approves. Thus shall the power and the happiness of these sovereign, free and independent states, founded on the virtue of their citizens, increase, extend and endure, until the Almighty shall blot out all the empires of the earth.”

This brilliant display of talent closed the congressional labours of this devoted friend of liberty. He retired with all the honours of a statesman, a sage, a patriot and an honest man. He had stood firmly at his post a faithful public servant, a bold advocate for freedom and the rights of man, an acute and discerning counsellor in every emergency, a fearless champion in times of danger, an ornament to his country and a terror to his enemies. As a working man he had no superior, as a debater he had but few equals. Without the mellifluous elocution of a Cicero, or any pleonastic parade, he spoke forcibly, reasoned closely, demonstrated clearly and deduced conclusively. He sought to inform the judgment, enlighten the understanding and to convince by sound argument. After the close of the revolution, Mr. Chase was sent to England to prosecute a claim in favour of Maryland for bank stock, and obtained for the state six hundred and fifty thousand dollars. His journal during his absence shows that he was a close observer of men and things in the minutest particulars. His high attainments as a lawyer, a scholar and a statesman—his frank and gentlemanly deportment and his thorough and persevering business habits, made a very favourable impression upon the British barristers and members of parliament. He remained in Europe nearly a year, and on his return resumed the practice of law.

In 1786, he removed to Baltimore, in consequence of which his worthy friend, Colonel Howard, at whose solicitation he changed his residence, conveyed to him in fee a square of ten lots of ground situated near the plot designed for the public buildings, on the condition that he located upon it. This square is bounded by Eutaw, Lexington, Fayette and Paca streets, and the mansion house built by Mr. Chase is still owned by his descendants.

In 1788, he was appointed chief justice of the new criminal court organized for the then town and county of Baltimore, and the same year was a member of the Maryland convention that ratified the federal constitution. In 1791, he was appointed chief justice of the general court of his native state; and in 1796, he was appointed, by President Washington, an associate judge of the supreme court of the United States, which dignified station he filled with great ability to the time of his demise. He was esteemed one of the ablest judges upon the bench, and when serving in the courts below, seldom had one of his decisions reversed. His expositions of law and his charges to juries were learned, luminous, logical and profound. His manner was forcible, impressive and commanding. With all this lustre around him, and with his great and acknowledged services in the cause of the revolution still green and fresh, Judge Chase was placed in the crucible of severe and unrelenting persecution, prompted alone by political animosity, created by the lofty independence of thought and expression before alluded to, and which prepared him to act a bold, conspicuous and useful part, when the fury of British wrath was poured out upon his country.

In January, 1804, John Randolph obtained the passage of a resolution in the house of representatives of the United States, instituting an inquiry into the official conduct of Judge Chase, and as a salvo the name of Judge Peters was added. No man was ever more vigorous and persevering in the accomplishment of an object than Mr. Randolph, and no one was more capable of consummating his designs. The committee reported on the sixth of the ensuing March, acquitting Judge Peters from all blame, and recommending the impeachment of Judge Chase. On the 26th of the same month six articles of impeachment were reported, predicated upon the following grounds: In 1800, he presided with Judge Peters at Philadelphia, when and where John Fries, who had been tried before Judges Peters and Iredel at the previous session for treason against the government of Pennsylvania, was put upon his trial a second time, in consequence of some informality at his first. Having been fully informed of the points of law at issue and the proceedings of the first trial, Judge Chase previously prepared an elaborate exposition of his opinions upon the law of treason, and with his constitutional frankness, and with the approbation of Judge Peters, submitted a copy to the counsel for the defendant and to the district attorney, reserving a copy for the jury _after_ the trial was over. Messrs. Lewis and Dallas, counsel for the prisoner, considered this _professionally_ and _professedly_ a pre-judgment of the case, suffered Fries to be tried without any aid, undoubtedly intending and successfully succeeding in creating an excitement of sympathy that procured his pardon immediately after conviction. Fries subsequently called upon Judge Chase and thanked him for the impartial manner he had treated him when on his trial. The whole matter was then considered, as it undoubtedly was, a _ruse de guerre_ of ingenious counsel, and no one attributed any bad motives to the bench. The approval of Judge Peters at the time is a conclusive evidence that the course of Judge Chase was not only pure in design, but that it was not in violation of the strictest rules of judiciary proceedings. He had given an opinion upon the _law_, not upon the _facts_ of the case. This he was bound to explain to the grand jurors before they proceeded to find any bills, and to the traverse jury that tried each prisoner. This constituted the first charge in the impeachment. Shortly after, a man named Callendar was tried before Judge Chase in Richmond, Virginia, under the sedition law, for publishing a libel upon the president. During the trial the judge refused the admission of testimony offered on the part of the prisoner, as he believed illegally, and thereby greatly offended those who were opposed to the law in question. He believed the law salutary, as he did that which suppressed the tories and Quakers in 1776; and believed the venality of the press required a check; many others thought differently. The law, right or wrong, he was compelled by his oath of office to execute so long as it remained in force. That his _legal_ decisions were correct, must be presumed, or a writ of error would have been taken under the existing excitement. This formed the foundation of the second charge.