but Judge Yeates and his associates filled their posts with strength and dignity. In 1805 Judge Yeates, together with ChiefJustice Edward Shippen and Justice Smith, was impeached — but afterwards acquitted — before the Senate of Pennsylvania. The facts in this case were : On Feb. 28, 1803, in the House of Representatives, a me morial from one Thomas Passmore, of the city of Philadelphia, was presented. This memorial set forth that the said Thomas Passmore had been subjected to fine and imprisonment for a contempt of court by the justices of the Supreme Court, without trial by jury. He also pleaded that the offence was not at all a contempt of court. An inquiry was asked. This memorial was referred to the next session of the Legislature, on account of the lateness of the session. In the next session, therefore, on Jan. 17, 1804, this memorial was referred to the Committee of Grievances; this committee reported on March 13. They recited the facts in the case at length. These facts were that Thomas Passmore had, on Sept. 8, 1802, posted in a public coffee-house a notice derogatory to one Andrew Bayard. This man Bayard, it had been decided in a case before the Justices of the Supreme Court, owed Passmore some hundreds of dollars. But for thus libelling his opponent in the suit Passmore was fined fifty dollars, and com mitted for thirty days. "It appears, moreover," said the com mittee, " from the evidence, that the usual course of proceeding was, in the first in stance, departed from by the court. Imme diate sentence, or atonement to Mr. Bayard, was the only alternative." "Although the said Thomas Passmore had complied with every request of the 'said court, except that he refused' to make an apology to Andrew Bayard, he was fined and imprisoned by the said court as aforesaid." The committee then suggested that a committee be appointed to draft articles of impeachment against the Justices "for a
high misdemeanor in their official capacity, by arbitrarily fining and imprisoning Thomas Passmore." It was resolved to impeach the Justices; the trial was fixed for the first Monday in January, 1805. Accordingly, on Monday, Jan. 7, 1805, at eleven A. M., the Senate, as a Court of Impeachment, convened in the chamber of the House of Representatives. There were present the Speaker of the Senate, who acted as President of the Court; twentythree Senators; the counsel for the prose cution, Caesar A. Rodney, Esq., of Delaware: and the impeached, with Jared Ingersoll. Esq., and A. J. Dallas, Esq., as their counsel. The trial was long and severe, the evidence exhaustive, the speeches of the counsel long and eloquent; and on Friday, January 25, the last speech was finished. It was decided to adjourn until the next day for the taking of a verdict; then another adjournment was made to Monday, 28th : then in answer to the question, " Guilty or not guilty? " the Senators voted eleven for acquittal, thirteen for impeachment. The Constitution requir ing a vote of two thirds to convict, the Justices were acquitted. It can easily be seen that but three votes more against them would have been suffi cient to convict the accused Judges. This large vote against them is attributed to political envy rather than to any belief in their guilt. It was, however, very unusual for the whole Supreme Bench to be indicted at one time, though individual justices,were impeached as many as three or four times in their administrations. Judge Yeates remained on the bench, with honor both to his country and himself, until his death, March 13, 1817. Now, what was he who served so well the many demands upon him? It has been said that if you would know a man, you must know his books; they are not only comrades of his own choosing, but associates in those hours when his personality stands least obscured.
