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Samuel Chase

 
US Supreme Court: Samuel Chase

(b. Somerset County, Md., 17 Apr. 1741; d. Baltimore, Md., 19 June 1811; interred St. Paul's Cemetery, Baltimore), associate justice, 1796–1811. Samuel Chase was the most brilliant of the Supreme Court justices to sit before Chief Justice John Marshall, and was, in some ways, a more impressive figure than the great chief justice himself. Chase signed the Declaration of Independence, served in the Revolutionary War Congress, and was a noted judge on the Maryland bench as well as the federal judiciary, but he is today remembered chiefly as having been the only Supreme Court justice ever to have been impeached. He is usually dismissed by most American historians as nothing but a rabid partisan. He was, study of Chase's opinions reveals, one of the most important political and legal theorists at work in the early republic, and there is still much that can be learned from his work.

In his most widely quoted Supreme Court opinion, Calder v. Bull (1798), Chase explored what might be regarded as the natural law basis for the federal Constitution of 1789. In that case he explained that there were some supra‐constitutional principles that circumscribed any legislature, whether or not such principles had been explicitly spelled out in the written fundamental law. Chase gave only two examples in his opinion: making a person judge and party in his or her own case, and taking A's property and giving it to B without any compensation to A. But his work has been taken to have established the doctrine now referred to as “substantive due process,” the reading into the Fifth or Fourteenth Amendment's Due Process Clause guarantees of particular rights or liberties not expressly found elsewhere in the Constitution, rights or liberties generally drawn from some sort of conception of natural law theory.

This sort of approach to constitutional law, recently favored by many advocates of “liberal” constitutional theory, has always been opposed in our history by judicial conservatives, who have maintained that “strict construction” or “original intent” is a more certain guide to appropriate constitutional interpretation. Curiously, however, Chase is also one of the founders of the “strict constructionist” approach. In one of his most notable opinions while riding circuit, United States v. Worrall (1798), Chase became the only late eighteenth‐century Federal judge to reject the theory of the “federal common law of crimes,” the doctrine that the federal government, as a matter of self‐defense, could punish crimes such as bribery or seditious libel even before Congress prohibited such particular conduct by means of a specific statute (see Federal Common Law). Chase's view on this point was eventually upheld by the Supreme Court in the early nineteenth century.

Riding on circuit, Chase also established in his opinions the principle of judicial review to declare unconstitutional acts of Congress void, the principle later famously brought to national attention in Marshall's opinion in Marbury v. Madison (1803). Marshall was reported to be in the audience during one occasion when Chase discussed judicial review on circuit in Virginia and to have adopted some of Chase's language (which was itself probably borrowed from Alexander Hamilton's Federalist, no. 78) for use in Marbury.

Chase was a political as well as a judicial conservative and found himself impeached by the Jeffersonians as a result of having presided over several criminal trials and proceedings in which he sought to implement the Adams administration's attempts to silence what it believed to be destructive and dangerous attacks on the government by rebels and mendacious critics. Chase also unsuccessfully sought to convince John Marshall that some of the Jeffersonian usurpations should be ruled unconstitutional and reversed. The event that triggered his impeachment occurred during the early years of Jefferson's administration, however, when Chase delivered to a Baltimore grand jury a charge critical of the Jeffersonians' abolition of several federal judgeships and their conduct in the Maryland legislature. Chase warned that such conduct violated constitutional guarantees of an independent judiciary as well as political principles that insisted that law be undergirded with morality, and morality with religion. Chase's grand jury charge borrowed heavily from the philosophy of Edmund Burke, with whom Chase had spent a fortnight on a trip to England, and warned that unthinking Democratic Jeffersonian advocates of the “rights of man” were plunging the country in the direction of mobocracy.

Jefferson and his followers sought to silence Chase by the impeachment proceedings. The best lawyers among the Adams Federalists immediately enlisted in Chase's defense, agreeing to work for no fees. At Chase's trial before the Senate in 1805, the impeachment charges were effectively shown to be little more than politically motivated calumny. With the votes of some Jeffersonians in his favor, Chase's opponents failed to muster the needed two‐thirds majority of the Senate to convict him, and Chase was acquitted. John Marshall played a rather disappointing role at the trial, refusing to do much in Chase's defense, and even suggesting, contrary to his reputation as a great defender of judicial review, that perhaps Congress ought to be the only arbiter of the constitutionality of its own acts.

Historians usually point to the failure of the Senate to remove Chase as a victory for judicial independence and as having established the precedent that a judge could not be removed merely as a result of the stating of political views from the bench. More correctly, however, the proceeding ought to be seen as establishing the principle that it was dangerous for a judge such as Chase to articulate political philosophy, particularly one at odds with the prevailing Democratic ethos of the Jeffersonians. The trouble Chase was confronted with must have had much to do in convincing John Marshall that he should seek to have the judiciary portrayed as somehow different from and above “politics” and led to the convenient constitutional‐law fiction that there are “objective” answers to constitutional questions. In our own time, when this view is no longer tenable, and, in particular, as conservatives search for a reasoned constitutional philosophy emphasizing responsibilities over rights, the Burkean beliefs of Chase might be due for an impressive resurgence. There is even a chance that future scholars will begin to accord Chase the recognition he deserves and raise the man most now only perceive as a rabid partisan to his proper place in the judicial pantheon, one very possibly at the level of Marshall himself.

Bibliography

  • Robert Bork, The Tempting of America: The Political Seduction of the Law (1990).
  • Stephen Presser, The Original Misunderstanding: The English, the Americans, and the Dialectic of Federalist Constitutional Jurisprudence, Northwestern University Law Review 84 (1989): 106–185

— Stephen B. Presser

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Biography: Samuel Chase
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Samuel Chase (1741-1811), American politician and member of the early U.S. Supreme Court, was the most controversial of the founders of the American Republic.

Samuel Chase was born on April 17, 1741, in Somerset County, Md. He was educated, primarily in the classics, by his father, the Rev. Thomas Chase, until 1759, when he began the study of law; 2 years later he was admitted to practice. In 1762 he married Anne Baldwin. He was a member of the assembly (1764-1784) from Annapolis, where he resided until moving to Baltimore (1786).

A Force for Independence

An early and active opponent of the British crown, Chase led the tumultuous demonstrations of the Sons of Liberty against the Stamp Act. After the Boston Tea Party controversy in 1774, he was a member of the Maryland Committee of Correspondence and a delegate to the First Continental Congress. The following year he returned to Philadelphia for the Second Continental Congress and served in the Maryland Convention and Council of Safety. In the congresses he was among the most active and zealous and was instrumental in causing the Maryland Legislature to change its instructions to its congressional delegation so as to vote for independence. John Adams described Chase in Congress as "violent and boisterous" in debate and "tedious upon frivolous Points." So violent were his attacks on a fellow delegate who was unenthusiastic about independence that his victim retired from Congress. Chase's own patriotism was questioned when Alexander Hamilton (under the pen name "Publius") revealed that Chase had taken advantage of knowledge gained in Congress to try to corner the flour market. Temporarily retired from national politics, Chase remained a dominant figure in Maryland politics.

In 1784 Chase was married again, this time to Hannah Kilty Giles. Through the years he had diversified his business interests to include involvement in confiscated coal and iron lands. In 1789, however, he declared insolvency. He was concerned in drafting the Mount Vernon Agreement of 1785, which settled differences on the Potomac between Maryland and Virginia, but it might be a mistake to see this as a step toward nationalism; and Chase's attitude toward the Constitution bears this out. He was not a delegate to Philadelphia, but under the name "Caution" he assailed the document as undemocratic and voted against ratification. His faction, however, was easily outvoted. Ironically, in view of his later actions, he proposed amendments protecting freedom of press and trial by jury. He was appointed to state judgeships in 1788 and 1791, and his holding of dual offices and his overbearing manner on the bench almost led to his ouster.

Member of the Supreme Court

In the Continental Congress, Chase had helped thwart opponents of Gen. Washington, and when Chase's name was suggested for Federal office in 1795, the President may have remembered this support. Washington first considered appointing Chase attorney general but in 1796 selected him for the Supreme Court, in place of the resigned John Blair. The fact that Chase had converted to Federalism lends credence to the assumption that his democratic opposition to the Constitution was another instance of his demagoguery.

In the first 5 years on the Supreme Court he delivered several precedent-making opinions. In Hylton v. United States, 1796, he defined direct taxation much more satisfactorily than would be done by the Court 99 years later. In Ware v. Hylton, also 1796, he effectively asserted the supremacy of treaties over state law, and 2 years later in Calder v. Bull he provided the textbook definition of expost facto laws. He summed up differing attitudes on judicial review in Cooper v. Telfair. An important circuit opinion was his ruling in United States v. Worrall that Federal courts lacked jurisdiction over common-law crimes.

Impeachment Proceedings

Chase, however, is best remembered for the contentious behavior that he carried to the bench. He advocated passage of the Sedition Act and then acted almost like a prosecutor, especially in the case of James T. Callender. At the second treason trial of John Fries, Chase's action was so high-handed as to lead to a boycott of his Court by Philadelphia lawyers. The "hanging judge," as the Republican press called him, campaigned vigorously for President Adams in 1800 and probably reached the peak of judicial impropriety on May 2, 1803, when he delivered a blistering tirade against democracy and the Jefferson administration, while making a jury charge. This action prompted the Jeffersonians to impeach him, and he was tried but not convicted in 1805, despite intense pressure from Jefferson, the Senate taking a narrow interpretation of the phrase "high crimes and misdemeanors" of Article III of the Constitution. chase's conviction might well have been followed by the impeachment of Justice John Marshall, but impeachment became a dead letter with Chase's trial, although the prospect may have served to curb the justices' political activities.

Chase was often absent his last 10 years on the bench due to gout, and his productivity was far less than that of his first 5 years. His stormy life ended on June 19, 1811.

Further Reading

There is no biography of Chase. Philip A. Crowl, Maryland during and after the Revolution: A Political and Economic Study (1943), provides useful background material, as does the biography of one of his closest friends, Luther Martin of Maryland, by Paul S. Clarkson and R. Samuel Jett (1970). The volumes in preparation on the history of the Supreme Court by Julius Goebel and Gerald A. Gunther will supersede existing works.

Additional Sources

Elsmere, Jane Shaffer, Justice Samuel Chase, Muncie, Ind.: Janevar Pub. Co., 1980.

Stormy patriot: the life of Samuel Chase, Baltimore: Maryland Historical Society, 1980.


(born April 17, 1741, Princess Anne, Md. — died June 19, 1811, Washington, D.C.) U.S. jurist. He was a member of the Maryland assembly (1764 – 84). An ardent patriot, he helped lead the Sons of Liberty in violent resistance against the Stamp Act. He served on the state Committee of Correspondence (1774), was elected to the Continental Congress, and signed the Declaration of Independence. When Alexander Hamilton exposed his attempt to corner the flour market (1778), Chase retired from Congress, only to return in 1784. He served as chief judge of the Maryland General Court from 1791 to 1796, when Pres. George Washington appointed him to the Supreme Court of the United States. Chase upheld the primacy of U.S. treaties over state statutes in Ware v. Hylton. In Calder v. Bull (1798) he contributed to the definition of due process. At the instigation of Pres. Thomas Jefferson, Chase was impeached for partisan conduct in 1804. His acquittal established the principle that federal judges can be removed only for indictable criminal acts, thus strengthening the independence of the judiciary. Chase served until 1811.

For more information on Samuel Chase, visit Britannica.com.

US Government Guide: Samuel Chase, Associate Justice, 1796–1811
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Born: Apr. 17, 1741, Somerset County, Md.
Education: tutored by father; studied law in an Annapolis, Md., law office
Previous government service: Maryland General Assembly, 1764–84; Continental Congress, 1774–78, 1784–85; Maryland Convention and Council of Safety, 1775; judge, Baltimore Criminal Court, 1788–96; chief judge, General Court of Maryland, 1791–96
Appointed by President George Washington Jan. 26, 1796; replaced John Blair, who resigned
Supreme Court term: confirmed by the Senate Jan. 27, 1796, by a voice vote; served until June 19, 1811
Died: June 19, 1811, Baltimore, Md.

Samuel Chase was a patriot in the American revolutionary war. He belonged to the Sons of Liberty and signed the Declaration of Independence.

Justice Chase wrote several important opinions in early key decisions of the Supreme Court. In Ware v. Hylton (1796), for example, he helped to establish the supremacy of federal treaties over state laws that contradicted them. In Hylton v. United States (1796), Chase and the Supreme Court made a judgment about whether or not an act of Congress, the carriage tax of 1794, agreed with the Constitution. The Court supported the federal statute, which was its first judgment about the constitutionality of an act of the legislative branch of government. The Court, however, neither asserted or discussed the power of judicial review, which was established by Chief Justice John Marshall in Marbury v. Madison (1803).

Justice Chase was a harsh public critic of the Jeffersonian Republicans because he disagreed with their interpretations of the Constitution. When Thomas Jefferson became President in 1801, Chase sharpened his criticism of Jefferson and the Republican majority in Congress. In return, President Jefferson urged that Chase be removed from the Supreme Court. A majority of the House of Representatives voted to impeach Chase. As provided in the Constitution, the case went to the Senate for trial, where two-thirds of the Senators had to vote against Chase to remove him from office. Chase argued that he had done nothing wrong and that a federal judge should not be impeached and removed from office for criticizing the President. Chase was acquitted and remained on the Court until his death in 1811.

See also Hylton v. United States; Impeachment; Ware v. Hylton

Sources

  • James Haw et al. Stormy Patriot: The Life of Samuel Chase (Baltimore: Maryland Historical Society, 1980)
 
Columbia Encyclopedia: Samuel Chase
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Chase, Samuel, 1741-1811, political leader in the American Revolution, signer of the Declaration of Independence, Associate Justice of the U.S. Supreme Court (1796-1811), b. Somerset co., Md. A lawyer, he participated in pre-Revolutionary activities and was a delegate to the First and Second Continental Congresses. In 1776 he was appointed, together with Benjamin Franklin and Charles Carroll of Carrollton, to win Canada over to the Revolutionary cause, but the plan failed. Chase helped to influence Maryland opinion to support independence from Great Britain. Although he opposed adoption of the U.S. Constitution, he later became a strong Federalist and President Washington appointed him (1796) to the U.S. Supreme Court. A series of brilliant and influential decisions established his leadership in the court until he was eclipsed by the rising genius of John Marshall. Chase was impeached (1804) by the U.S. House of Representatives for discrimination on the bench against Jeffersonians. Tried before the Senate (1805), he was found not guilty. This verdict discouraged further attempts to impeach justices for purely political reasons.
Wikipedia: Samuel Chase
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Samuel Chase


In office
February 4, 1796 – June 19, 1811
Nominated by George Washington
Preceded by John Blair
Succeeded by Gabriel Duvall

Born April 17, 1741(1741-04-17)
Somerset County, Maryland
Died June 19, 1811 (aged 70)
Baltimore, Maryland
Political party Federalist
Religion Episcopalian
Signature

Samuel Chase (April 17, 1741 – June 19, 1811) was an Associate Justice of the United States Supreme Court and earlier was a signatory to the United States Declaration of Independence as a representative of Maryland. Early in life, Chase was a "firebrand" states-righter and revolutionary.[1] His political views changed over his lifetime and in the last decades of his career he became well-known as a staunch Federalist, and was impeached for allegedly letting his partisan leanings affect his court decisions. Chase was acquitted.

Contents

Youth and early career

Samuel was the only child of the Reverend Thomas Chase (c. 1703-1779) and his wife, Matilda Walker (?-by 1744), born near Princess Anne, Maryland.[2]

His father was a clergyman who immigrated to Somerset County to take up a new pulpit. Samuel was educated at home. He was eighteen when he left for Annapolis where he studied law under attorney John Hall.[2] He was admitted to the bar in 1761[3] and started a law practice in Annapolis. It was during his time as a member of the bar that his colleagues gave him the nickname of "Old Bacon Face."[4]

Family and personal life

In May 1762, Chase married Ann Baldwin, daughter of Thomas Baldwin and his wife Agnes. Samuel and Anne had had three sons and four daughters, with only four surviving to adulthood.[2]

In 1784, Chase traveled to England to deal with Maryland's Bank of England stock, where he met Hannah Kitty, daughter of Samuel Giles, a Berkshire physician. They were married later that year and had two daughters.[2]

Career in Annapolis

In 1762, Chase was expelled from the Forensic Club, an Annapolis debating society, for "extremely irregular and indecent" behavior.[2] This was only the first of the major controversies to surround his life.

In 1764, Chase was elected to the Maryland General Assembly where he served for twenty years.[3]

In 1769 he started construction of the mansion that would become known as the Chase-Lloyd House, which he sold unfinished in 1771. The house is now a National Historic Landmark.

He co-founded Anne Arundel County's Sons of Liberty chapter with his close friend William Paca as well as leading opposition to the 1765 Stamp Act.[2]

Continental Congress

From 1774 to 1776, Chase was a member of the Annapolis Convention. He represented Maryland at the Continental Congress, was re-elected in 1776 and signed the United States Declaration of Independence.[3]

He remained in the Continental Congress until 1778. The involvement of Chase in an attempt to corner the flour market, using insider information gained through his position in the Congress, resulted in his not being returned to the Continental Congress and damaging his reputation.

Judicial career

In 1786, Chase moved to Baltimore, which remained his home for the rest of his life. In 1788, he was appointed Chief justice of the District Criminal Court in Baltimore and served until 1796. In 1791, he became Chief Justice of the Maryland General Court, again serving until 1796.[3]

On January 26, 1796, President George Washington nominated Chase as an associate justice of the Supreme Court of the United States. Chase served on the Court until his death on June 19, 1811.[3]

Impeachment

Chase was served with eight articles of impeachment by the House of Representatives in late 1804, one of which involved Chase's handling of the trial of John Fries. Two more focused on his conduct in the political libel trial of James Callender. Four articles focused on procedural errors made during Chase's adjudication of various matters, and an eighth was directed to his “intemperate and inflammatory … peculiarly indecent and unbecoming … highly unwarrantable … highly indecent” remarks while "charging" or authorizing a Baltimore grand jury. The Democratic-Republican-controlled United States Senate began the impeachment trial of Chase in early 1805, with Vice President Aaron Burr presiding and Virginia Congressman John Randolph of Roanoke leading the prosecution.

All the counts involved Chase's work as a trial judge in lower circuit courts. (In that era, Supreme Court justices had the added duty of serving as individuals on circuit courts, a practice that was ended in the late 19th century.) The heart of the allegations was that political bias had led Chase to treat defendants and their counsel in a blatantly unfair manner. Chase's defense lawyers called the prosecution a political effort by his Democratic-Republican enemies. In answer to the articles of impeachment, Chase argued that all of his actions had been motivated by adherence to precedent, judicial duty to restrain advocates from improper statements of law, and considerations of judicial efficiency.

The Senate voted to acquit Chase of all charges on March 1, 1805, and he returned to his duties on the court. He is the only U.S. Supreme Court justice to have been impeached.[3]

The acquittal of Chase — by lopsided margins on several counts — set an unofficial precedent that many historians say helped ensure the independence of the judiciary. As Chief Justice William Rehnquist noted in his book Grand Inquests, some senators declined to convict Chase despite their partisan hostility to him, apparently because they doubted that the mere quality of his judging was grounds for removal.

References

  1. ^ "Samuel Chase, Freedom Firebrand" (html). Delmarva Heritage Series by Dr. William H. Wroten, Jr.. Salisbury Times. March 23, 1959. http://nabbhistory.salisbury.edu/resources/wroten/wroten_schase.html. Retrieved 2008-05-26. 
  2. ^ a b c d e f "Chase, Samuel (1741- 1811)" (html). Maryland Online Encyclopedia (MdOE). Maryland Online Encyclopedia, a joint project of the Maryland Historical Society, the Maryland Humanities Council, the Enoch Pratt Free Library, and the Maryland State Department of Education. 2005. http://www.mdoe.org/chasesamuel.html. Retrieved 2007-12-05. 
  3. ^ a b c d e f "Samuel Chase" (html). The Supreme Court Historical Society. http://www.supremecourthistory.org/02_history/subs_timeline/images_associates/007.html. Retrieved 2007-12-05. 
  4. ^ "Marbury v. Madison: Nail-Biting Drama?" (html). Legalities, ABC News Blog. http://blogs.abcnews.com/legalities/2009/02/marbury-v-madis.html. Retrieved 2009-08-27. 

Further reading

  • Abraham, Henry J. (1992). Justices and Presidents: A Political History of Appointments to the Supreme Court (3rd ed.). New York: Oxford University Press. ISBN 0-19-506557-3. 
  • Cushman, Clare (2001). The Supreme Court Justices: Illustrated Biographies, 1789–1995 (2nd ed.). (Supreme Court Historical Society, Congressional Quarterly Books). ISBN 1568021267. 
  • Frank, John P. (1995). Friedman, Leon; Israel, Fred L.. eds. The Justices of the United States Supreme Court: Their Lives and Major Opinions. Chelsea House Publishers. ISBN 0791013774. 
  • Hall, Kermit L., ed (1992). The Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press. ISBN 0195058356. 
  • Haw, James; F. F. Beirne, R. S. Jett (1980). Stormy Patriot: the Life of Samuel Chase. Baltimore: Maryland Historical Society. ISBN 0938420003. 
  • Martin, Fenton S.; Goehlert, Robert U. (1990). The U.S. Supreme Court: A Bibliography. Washington, D.C.: Congressional Quarterly Books. ISBN 0871875543. 
  • Papenfuse, Edward C (July 1, 1987). Biographical Dictionary of the Maryland Legislature. 2 Vol. Set. Baltimore: The Johns Hopkins University Press. ISBN 0801835704. 
  • The Impeachment of Justice Samuel Chase.
  • Urofsky, Melvin I. (1994). The Supreme Court Justices: A Biographical Dictionary. New York: Garland Publishing. pp. 590. ISBN 0815311761. 

External links

Legal offices
Preceded by
John Blair
Associate Justice of the Supreme Court of the United States
1796-1811
Succeeded by
Gabriel Duvall

 
 

 

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