paper, and did for that reafon affert, that what was lo flate ed in the affidavit taken before John Infkeep. Efq. in fupport of faid exceptions was not true, but in doing this he had not the moft diitant intention to prejudice the public mind in his favor, or to treat with difrefpect the judicial authority of his country, for which he has always entertained the utmost respect, that this defendant having recently fettled with every other of the underwriters, in faid policy, and having every reafon to believe, that the award would not be difputed by any other perfon than the faid Andrew Bayard, was forprifed to find that fuch exceptions had been filed on the part of Pettit and Bayard, as he had perufed. Wearied by the delays and trouble which he had undergone in the purfuit of his juft claim; hearing that the faid Andrew Bayard, had expreffed himself in terms derogatory to the character of the examinant, and reflecting on the referees; having good reason to believe that he ufed every exertion in his power, to prevent the other underwriters on the policy, from fettling with the examinant, he felt much irritated when he firit faw the exceptions; and in the moment of his heat and paffion, published the impreffions he experienced, without allowing himself time to reflect on the harfhuefs of the manner in which they were conceived, or the extent of their applica、 tion. With respect to Mr. Andrew Pettit, one of the faid firm of Pettit and Bayard, the examinant has always entertained a respectful opinion of him, and is forry that expreffions efcaped him, which from their generality may tend to implicate a gentleman who has never been feen to take any active flep, in the measures of which he complains, and although he thought at that time,and fill thinks, that he was extremely ill ufed, by Mr. Bayard, he certainly would not have adopted the measure of publishing, if the impetuofity of the moment had not hurried him into it. THOMAS PASSMORE. Sworn 27th December, 1802, before EDWARD BURD, Prothonotary. In which answers the examinant depofeth to the best of his judgment and belief, that there was no action depending in the Supreme Court of Pennfylvania, wherein he was plaintiff, and Andrew Pettit and Andrew Bayard, were defendants at the time, the fuppofed contempt was committed. And in his fourth anfwer, difclaims in the moft explicit terms, the moft diftant intention either to prejudice the public mind in his favor, or treat with difrefpect the judicial authority of his country, which answers ought in legal construction to have purged the contempt, if any had exifted; notwithstanding which, the Juftices aforefaid, paffed fentence upon the faid Thomas Paffmore, on the 28th day of December, A. D. 1802, that the faid Thomas Paffmore, fhould be committed to the custody of the fheriff, of Philadelphia county, in the debtors apart ment of the common jail of faid county, for the space of thirty days, and pay a fine of fifty dollars to the Commonwealth, and in the mean while that he fhould be committed, &c. which fentence of fine and imprisonment under all the circumstances of the cafe, was arbitrary and unconftitutional, and a high mifdemeanor of the faid Chief Juftice, and the affociate Juftices aforefaid, in their official capacities. 1 Because the publication did not reflect on the Judges in their judicial capacity nor personal character. 2 Because there was no direct allufion in the paper called a libel, to any caufe depending before the Court. 3 Because it appears from the record, that the faid Thomas Paffmore, was warranted in the conclufion, that the fuit between him, and Pettit and Bayard, was then ended, judgment having been entered and execution iffued. This opinion is confirmed, because the judgment was not set afide, until after the term of his imprisonment had expired, and after bis application to the Legislature for the im-. peachment of the Judges. 4. Because it appears from the evidence, that the Court were fatisfied with the answers of Thomas Paffmore, to the interrogatories, fo far as refpected the alledged contempt against themselves. 5. Because it appears that the punishment was inflicted, not because he had committed a contempt of Court, but because he would not apologize or make atonement to Mr. Andrew Bayard, as the Court had expected. And the faid Houfe of Reprefentatives, faving to themfelves by proteftation, the liberty of exhibiting at any time hereafter, any other accufation or impeachment, against the faid Edward Shippen, Efquire, Chief Justice, and the faid Jafper Yeates, and Thomas Smith, Efquires, affiftant Juftices as aforefaid, of the Supreme Court; and alfo of replying to the answers which the faid Juftices, or any of them, fhall make to the impeachment aforesaid; and of offering proof of the premifes, and every part of them, or any other accufation or impeachment which thall or may be exhibited by them as the cafe may require, against the faid Chief Justice or Juftices aforefaid, or any of them: Do demand, That the faid Edward Shippen, Efquire, Chief Juftice as aforefaid, and the faid Jafper Yeates and Thomas Smith, Efquires, affociate Juftices as aforefaid, and each of them may be put to answer all and every of the premises; and that fach proceedings, examination, trial and judgment may be had against them, or any of them, as are conformable to the conftitution and laws of this Commonwealth. And the faid Houfe of Reprefentatives are ready to offer proof of the premifes, at fuch time as the Senate of the faid Commonwealth of Pennsylvania may appoint. SIMON SNYDER, Speaker of the House of Representatives. Ordered to be laid on the table, and that it be the first order for to-morrow. Mr. R. Smith, prefented on this day, (22d March) a memorial to the House of Reprefentatives, from Meffrs. Shippen, Yeates and Smith. The memorial was read, and on motion of Mr. Porter, ordered to be inferted at large on the journal. On the next day it was moved that the vote thould be reconfidered: This was carried in the affirmative-Yeas 54, Nays 23. The original then recurring, viz: "Shall the memorial be inserted on the Journal ?" It was determined in the negative.Here follows a copy of the memorial: To the bonorable the Representatives of the Freemen of the Commonwealth of Pennsylvania, in General Assembly met: The memorial of the fubfcribers, Juftices of the Supreme Court of the faid Commonwealth, RESPECTFULLY SHEWETH, That your memorialists obferve, that your honorable House have appointed a committee to draught articles of impeachment against them for a bigb misdemeanor in their official capacity, by arbitrarily and unconstitutionally fining and imprisoning Thomas Paffmore. That their feveral decifions, given or the most mature deliberation in the different ftages of the profecution, carried on against the faid Thomas Paffmore, are firictly confonant to the known and acknowledged laws of the state, and ufage of courts of juice, and that they then believed, and ftill firmly believe thofe adjudications to be founded as well on principle as precedent. D That though it does not belong to them to fay, with what degree of legal knowledge they have discharged the high duties attached to their official ftations,-they confidently affert, that in no inftance whatfoever, has their condu& been tainted with corruption, or marked with partiality: They feel that they have invariably adminiftered the Juftice of the country with the pureft views. Your memorialifis, from a thorough fenfe of the respect due to your honorable body, and their own characters, as reprefenting in fome degree one branch of the government, have patiently and filently endured the public charges made against them, and the feveral improper publications relative there to, tending to affect and prejudice the public mind: They apprehend it now becomes their bounden duty, to meet thofe charges with firmnefs. A fpeedy trial they confider as a mere act of justice to themselves; but they view the matter in a more extended light as involving the great interefts of the community/ The adminiftration of the law fhould not be permitted to rest in fufpected hands: Their energy is impaired thereby, and the guilt or innocence of the party charged fhould be established as early as poffibly a fair trial can be obtained. Your memorialifts therefore beg leave to folicit a prompt and fpeedy trial, agreeably to the fpirit of the laws and conftitution of this Commonwealth, that equal and impartial juftice may be done as well to the citizens thereof, as to themselves. And your memorialifs will pray, &c. EDWARD SHIPPEN, On the 23d, the article of impeachment was agreed to, and Meffrs. Maclay, Boileau, Engle, Mitchell, and Bucher, appointed to exhibit faid article to the Senate, and on behalf of the House of Reprefentatives to manage the trial. On Saturday, the 24th, the managers exhibited the article to the Senate, and Meffrs. Pearfon, Rodman, Reed, Porter and Hartzel, of that body, were appointed to ascertain and fix a proper time for the trial. On the 26th, the committee reported, "That having maturely confidered the fubject referred to them, offer the following refolution," viz : ૯ «Resolved, That the fecond Tuesday of December next, will be the most convenient time for the Senate to commence the faid trial." The Senate went into committee of the whole on this refolution, and after fome time spent therein, the committee rofe and reported the refolution, without amendment. On this day, (March 26) the following memorial from the Judges to the Houfe of Reprefentatives was prefented by Mr. R. Smith. To the bonorable the Representatives of the Freemen of the Commonwealth of Pennsylvania, in General Assembly met : The memorial of the fubfcribers, Juftices of the Supreme Court of the Commonwealth of Pennfylvania, RESPECTFULLY SHEWETH, That your memorialifts, immediately on being informed of your honorable House having adopted a report of the committee on the complaint of Thomas Paffmore, addreffed to you a memorial, foliciting a prompt and speedy trial of the adopted charge, that equal and impartial juftice might be done, as well to the citizens of the Commonwealth, as themfelves. They now beg leave to reprefent, that they are pained by the reflection, that they are not yet furnished with the opportunity of defending themfelves: They find themselves fubjected to obloquy by the artful reprefentations of an offender a gainst the laws, founded on mutilated and imperfect records, and groundlefs infinuations, and earnestly defire to have it in their power to remove that cloud with which they have been induftriously enveloped. They further fuggeft a confideration which cannot have efcaped the wifdom of your body, that in a government of laws, refting in a great measure on public opinion, whatever has a tendency to throw a public odium on the magiftracy, neceffarily leads to relaxation of the obedience due from every individual to the laws of the country, and is attended with the most fujurious confequences to the community: It therefore becomes indifpenfible, that the impreffions thus created, should either be removed, or established in the most speedy manner. Your memorialifts conceive themfelves entitled to a speedy, public, and impartial trial. They feel a confcioufnefs, that they have never intentionally deviated from the words or spirit or that constitution, which they have folemnly fworn to fupport: They disclaim all exercife of power, according to arbitrary will: The known laws of the land have been their uniform line of conduct: Their fenfe of reputation, both individual and official, they fubmit to the feelings of the honorable members of your Houfe, who will duly appreciate the fame. They will readily agree to any fair meafure which may accelerate the trial of their propofed impeachment. They hold |