THURSDAY, JULY 7, 2022 - SAMUEL CHASE - SIGNER AND JUDGE

 THURSDAY, JULY 7, 2022 - SAMUEL CHASE - SIGNER AND JUDGE

Okay, in my research, I came upon Samuel Chase, of Maryland, a signer of the Declaration of Independence and a Supreme Court Judge.

I wanted to spend today on just this one signer.

*****

First - the basic information:

“Samuel Chase was one of the Founding Fathers of the United States. Born in Maryland, Chase began his career as a lawyer in Annapolis, Maryland. Chase got involved in politics and became one of the leading patriot voices in Maryland. Chase feuded with Loyalists, protested the Stamp Act, and founded his local county's Sons of Liberty chapter.  

“In 1774, Chase was voted to be one of Maryland's representatives to the First Continental Congress. The following year, Chase was re-elected and served in the Second Continental Congress. Chase voted for Independence, and he signed The Declaration of Independence. After signing The Declaration of Independence on August 2, 1776, Chase continued to serve in the Continental Congress until 1778.

“Upon leaving the Continental Congress, Chase moved to Baltimore where he was appointed Chief Justice of the District Criminal Court. On January 26, 1796, George Washington appointed Chase to the Supreme Court of the United States as an Associate Justice. 

“Chase was the only Supreme Court justice to have ever faced impeachment proceedings which were driven by Thomas Jefferson and his followers. John Adams’ Federalists, of which Chase was a part, came to the defense of Chase. According to Oyez, "The impeachment charges were shown to be little more than politically motivated defamation, and Chase’s opponents failed to muster the two-thirds majority needed to convict him. He was therefore acquitted. The Senate’s failure to remove Chase from the bench was seen as a victory for judicial independence and established the precedent that a judge could not be removed as a result of stating political views from the bench." Chase remained on the U.S. Supreme Court until his death in 1811.

*****

Some more on his impeachment proceedings:

“On November 30, 1804, for the third time in its brief history, the Senate began preparations for an impeachment trial. In 1798 and 1799, the Senate had tried a senator previously expelled on grounds of treason. The Senate dismissed the case, citing a lack of jurisdiction. The second impeachment trial, in 1804, removed a federal judge for reasons of drunkenness and insanity. More than the first two proceedings, however, this third trial challenged the Senate to explore the meaning of impeachable crimes.

Samuel Chase had served on the Supreme Court since 1796. A staunch Federalist with a volcanic personality, Chase showed no willingness to tone down his bitter partisan rhetoric after Jeffersonian Republicans gained control of Congress in 1801. Representative John Randolph of Virginia, at the urging of President Thomas Jefferson, orchestrated impeachment proceedings against Chase, declaring he would wipe the floor with the obnoxious justice. The House voted to impeach Chase on March 12, 1804, accusing Chase of refusing to dismiss biased jurors and of excluding or limiting defense witnesses in two politically sensitive cases. The trial managers (members of the House of Representatives) hoped to prove that Chase had "behaved in an arbitrary, oppressive, and unjust way by announcing his legal interpretation on the law of treason before defense counsel had been heard." Highlighting the political nature of this case, the final article of impeachment accused the justice of continually promoting his political agenda on the bench, thereby "tending to prostitute the high judicial character with which he was invested, to the low purpose of an electioneering partizan."

“On November 30, 1804, the Senate appointed a committee to "prepare and report proper rules of proceedings" for the impeachment trial. When they took up the case against the Federalist justice in January 1805, the Senate consisted of 25 Jeffersonian Republicans and nine Federalists. Chase appeared before the members on January 4, 1805, to answer the charges. He declared that he was being tried for his political convictions rather than for any real crime or misdemeanor and requested a one-month postponement to prepare a defense. The Senate agreed and the trial began in earnest on February 4.”

“Chase's defense team, which included several of the nation's most eminent attorneys, convinced several wavering senators that Chase's conduct did not warrant his removal from office. With at least six Jeffersonian Republicans joining the nine Federalists who voted not guilty on each article, the Senate on March 1, 1805, acquitted Samuel Chase on all counts. A majority voted guilty on three of the eight articles, but on each article, the vote fell far short of the two-thirds required for conviction. The Senate thereby effectively insulated the judiciary from further congressional attacks based on disapproval of judges’ opinions. Chase resumed his duties at the bench, where he remained until his death in 1811.

*****

Oh My!!!  So Samuel Chase had a ‘volcanic personality”,  was “ obnoxious”, and “continually promoting his political agenda”.  

Recently, the Supreme Court (SCOTUS) has been attacked as some members have demonstrated the “political agenda” - especially on abortion.  Others have expressed strong opinions on marriage (or as they say, “gay marriage”), and even on LGBTQ people.

So, the final result (in Chase’s time) was “the Senate thereby effectively insulated the judiciary from further congressional attacks based on disapproval of judges’ opinions.” 

While it might be good for justices not to express partisan political opinions and to be more “judicial” in their public opinions and actions, it seems that Samuel Chase violated that concept and got the ire of Thomas Jefferson and his followers.  But, the prescient was set - as Chase was NOT impeached as a member of the Supreme Court of the United States. 

*****

“The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.”

*****

The only case where there was an actual impeachment trial was for Samuel Chase, a volcanic, obnoxious, political supreme court judge.  Not enough votes were received to impeach him, but it is possible although improbable.

I did some (minor) research on can a Supreme Court Justice be removed for incompetence or mental incapacity (like dementia/Alzheimers).  There would need to be an impeachment trial.  The hope would be that the justice (with advice from his psychologists and counselors) would step down voluntarily.

*****

This week, I’ve looked at some of the signers of the Declaration of Independence.  It would have been a tough job to vote for independence.  Some did lose their lives or their livelihood.  

“And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.

LOVE WINS

KAREN

July 7, 2022