themselves in readinefs to appear before the honorable Senate in a moments warning.

Your memorialists therefore take the liberty of reiterating their anxious folicitations for a prompt and fpeedy trial; and that your honorable Houfe will purfue fuch measures, as your wifdom and justice fhall point out, in order to effectuate this defirable purpose.

And your memorialists will pray, &c.

EDWARD SHIPPEN,

JASPER YEATES,

THOMAS SMITH.

And, on the following day, (March 27th) Mr. Brady prefented another memorial from the Judges, to the Senate, and on motion of Mr. Brady, feconded by Mr. Barton, it was entered at large on the Journals, as follows :

To the bonorable the Senate of the Commonwealth of Pennsyl vania,

RESPECTFULLY SHEWETH,

That your memorialifts have understood, that the honorable Houfe of Reprefentatives have preferred 'articles of impeachment against them, for a high mifdemeanor in office, by arbitrarily, and unconftitutionally, fining and imprifoning Thomas Paffmore.

They verily believed, that every thing they have done in the premifes, in their judicial capacity, is warranted by the laws and conftitution of the ftate; and their confciences acquit them of every fpecies of corruption and partiality whatever.

They have urged a fpeedy trial, by two memorials to the Houfe of Reprefentatives; they are prepared to answer for their conduct; they demand, as a matter of conftitutional and common right, a fpeedy public trial by an impartial Court, to confront their adverfary, and meet the witneffes face to face.

They cannot diffemble their fatisfaction, that they are enti tled to a hearing in a Court of juftice, where their conduct will be judged of by the evidence alone; where paffion, prepoffeffion,and prejudice, cannot enter, and where a due difcharge of the official duties of the members is fecured to them by the fanction of religion, a folemn appeal to Heaven,

Your memorialifts beg leave to reprefent, that their labors of the laft term are just terminated, and they will foon be called to the performance of other duties in the Circuit Courts.

They implore you, as men of honor and virtue, to take into your ferious confideration, whether thus charged with a breach of the conftitution they have fworn to fupport, and with arbitrary conduct, unfupported by law, they can with propriety, go into the different counties, to adminifter the juftice of the country; and whether fuch a step, while the charge against them remains untried, would not reflect difgrace on their individual and official characters, in the eyes of every virtuous citizen, and do irreparable injury to the obedience juftly due to the

laws.

They therefore request your honorable Houfe to appoint an early day for the trial of their impeachment, which they are anxioully prepared to anfwer, and to grant them compulfory procefs for obtaining witneffes in their favor.

And your memorialists will pray, &c.

(Signed)

EDWARD SHIPPEN,

JASPER YEATES,

THOMAS SMITH.

In fenate, the fame day, (March 27) the report of the committee, fixing the time for trying the impeachment preferred against the Judges of the Supreme Court, was read the fecond time-whereupon, on motion of Mr. Heflon, feconded by Mr. Barton, it was agreed that the faid report be recommitted to the committee of the whole. The memorial of the Judges prefented this day, was alfo read a fecond time, and committed to the committee of the whole.

Thereupon the Senate refolved itself into a committee of the whole, and after fome debate, reported the following amend

ment :

"Resolved, That the first Monday in January next, will be the most convenient time for the Senate to commence the faid trial."

On motion of Mr. Barton, feconded by Mr. Lane, and by fpecial order the report of the committee of the whole was read a fecond time-whereupon, it was moved by Mr. Barton, feconded by Mr. Lane, that the words "the first Monday in January" be ftricken out, and "Thursday, the fifth of April," (1804) be inferted in place thereof. The Yeas and Nays, on

agreeing to the amendment, were required by Mr. Barton and Mr. Pearfon, and were as follows:

YEAS.-Meffrs. Barton, Brady, Follmer, Harris, Lane, Pear

Lon.-6.

NAYS.-Meffrs. Gamble, Hartzel, Hefton, Lower, Lyle, M'Arthur, Mewhorter, Morton, Piper, Poe, Porter, Read, Richards, Spangler, Steele, and Whitehill.-16.

The refolution, fixing on the firft Monday in January, was then carried with only one diffenting voice, (Mr. Barton's.)

In Senate, April 2d, 1804, the following refolution was moved by Mr. Pearfon, feconded by Mr. Reed, confidered and adopted, viz :

Resolved, That the Senate will meet at the Court-house, in the borough of Lancaster, on the first Monday in January, 1805, and then and there, commence the trial of Edward Shippen, Efq. Chief Juftice of the Supreme Court of Pennsylvania, and Jafper Yeates, and Thomas Smith, Efqr's. affiftaat Juftices of the fame Court, on the article of impeachment, exhibited against them by the House of Representatives, in their name, and the name of the people of Pennsylvania; and that the Speaker be directed to iffue an order, requiring them, the faid Edward Shippen, Jafper Yeates, and Thomas Smith, Efquires, to attend on the day aforefaid, to answer to the article of impeachment aforefaid; and, that the faid order be ferved on them, and a copy of the faid article of impeachment be delivered to each of them, the faid Edward Shippen, Jafper Yeates, and Thomas Smith, Efquires, at least thirty days before the day appointed for trial.

In the House of Reprefentatives, December 7th, 1804, a motion was made by Mr. Boileau and Mr. D. Mitchel, and read as follows, viz :

Whereas, an article of impeachment has been prefented to the Senate by the late Houfe against Edward Shippen, Esquire, Chief Justice, and Jafper Yeates, and Thomas Smith, Efquires, affiftant Juftices of the Supreme Court of Pennfylvania: There fore,

Resolved, That the faid impeachment be profecuted, and that a committee be appointed to manage the fame on the part of this Houfe That the committee be authorized to employ one or more counsel to attend the trial of the faid Justices of the Supreme Court, and afist thereat.

:

Laid on the table.

On motion of Mr. Boileau and Mr. Sheetz,

Ordered, That it be the first order for Monday next.

On Monday, the 10th of December, agreeably to the order of the day, the Houfe proceeded to the fecond reading of the refolution, relative to the impeachment of the Judges of the Supreme Court, read the 7th instant :

After fome time, on the question-" Will the House agree to the same ?"

The Yeas and Nays were called by Mr. Ogle and Mr. Patterfon, and are as follows, viz :—

YEAS.-Meffrs. Adams, Agnew, Alfhoufe, Alter, Achefon, Acker, Barclay, Beale, Boileau, Boyd, Brisbin, Bucher, Clarke, Crouch, Darlington, H. Davis, M. Davis, Deckert, Engle, Epler, Fenton, Ferguson, Ferree, Findley, Fore, Goodman, Grefs, Grofs, Haines, Hall, Harrifon, Hendrix, Holgate, Jenkins, Laycock, Lytie, McComb, M'Connel, M'Cune, M Kinney, Mechling, Mann, Marshall, J. Mitchel, Moore, Odenheimer, Ogle, Patterson, Pearfon, Rhoads, Robinfon, Rupert, Schneider, Sharfwood, Sheetz, J. Smith, S. Smith, Spangler, Stephenfon, Tarr, Udree, Weirich, Wilfon, Witman, and S. Snyder, speak

er.-65.

NAYS.-Meffrs. Barnet, Bull, Cunningham, Helman, Ingham, Johnfon, Miller, Milnor, Pennock, Porter, Roberts, Shriver, Sloan, Trimble, Wells, and White.-16.

So it was determined in the affirmative; and

Ordered, That Mers. Boileau, Fergufon, Bucher, Engle and Laycock, be a committee for that purpose.

In the Senate, December 4th, being the day appointed by the conftitution for the meeting of the General Affembly, the Senate convened, and fhortly after the appointment of a Speaker. Mr. Whitehill, the gentleman re-appointed to that office, informed the Senate that agreeably to their refolution of the 2d of April laft, he had iffued precepts to be ferved upon the three Judges of the Supreme Court mentioned in the faid refolution; which precepts, together with three copies of the articles of accufation and impeachment against the faid Judges, were put into the hands of the Sergeant-at-arms of the Senate ; and that the Sergeant-at-arins has this day made return of the

fervice of the faid precepts and article of accufation and impeachment. A copy of the precepts was read as follows, viz:

PENNSYLVANIA, fs.

The Commonwealth of Pennsylvania, to William Wilson, Sergeant-at-arms of the Senate.

We command you that you fummon the honorable Edward Shippen, Efquire, Chief Juftice of the Supreme Court of Pennfylvania, and Jalper Yeates, and Thomas Smith, Efquires, affociate Juftices of the fame Court, that they be, and appear, at the bar of our Senate, in the borough of Lancaster, on the first Monday in January next, to answer an article of accufation and impeachment, for a high mifdemeanor of the faid Chief Juftice, and the affociate Juftices aforefaid, in their official capacities, exhibited against them by the Houfe of Reprefentatives, in their name, and in the name of the people of Pennfylvania, and have you then and there this precept.

(WITNESS.)

ROBERT WHITEHILL, Efq. Speaker of our said Senate, at Lancaster, this 17th day of October, 1804.

(ATTEST.)

GEORGE BRYAN, Clerk of the Senate.

In Senate, December 11th, 1804, the fpeaker laid before the Senate, a letter from the Chief Justice, and Jasper Yeates, and Thomas Smith, Efquires, affociate Juftices of the Supreme Court, a copy of which is as follows, viz :

SIR,

Philadelphia, December 8th, 1804.

We acknowledge to have received copies of the articles of impeachment against us, and of the fummons, directed to your Sergeant-at-arms. We fhall certainly attend on the day fixed

upon.

We must now request, that your honorable Houfe will issue compulfory procefs, for the attendance of the following witnelles, in our favor, viz: Mofes Levy, Efq. Jofeph B. MKean, Efquire, Edward Burd, Efquire, John P. Ripley, Efquire, Jacob Shoemaker, Thomas Hennely, Edward Burd, Jun. Ef quire, William Cranmond, Philip Nicklin, Matthew Pierce, and James Lifle.