"Summon me, then; I will be the posse comitatus; I will take them to jail"

During the intense debates and legal turmoil of the late 18th and early 19th centuries, Samuel Chase, one of the original justices of the United States Supreme Court, deeply embodied the spirit of federal authority confronting challenges to its legitimacy. His bold proclamation, “Summon me, then; I will be the posse comitatus; I will take them to jail,” captures his vigorous defense of federal law and his readiness to personally enforce it if others would not.

This statement reflects the turbulent context of early American governance, when questions of state versus federal power, and of the judiciary’s practical authority, were far from settled. To be the “posse comitatus” , a term denoting the group of citizens a sheriff could summon to maintain order or apprehend lawbreakers , illustrates Chase’s view of judicial power as not only interpretative but also actionable. He implied that enforcing the law was not someone else’s job; if need be, he, a Supreme Court justice, would see it done himself. Chase was responding directly to the possibility that local authorities might falter in upholding federal law, especially amid events like the Whiskey Rebellion, where resistance threatened the early republic’s survival.

Underlying his words is an affirmation of two crucial ideas: first, that law, including federal law, cannot exist meaningfully without enforcement; second, that those invested with authority should not retreat in the face of opposition, but lead by example. Chase expressed a willingness to bridge the gap between judicial pronouncement and executive action, demonstrating the moral seriousness with which he took his responsibilities. In doing so, he helped define the nature of American law as something requiring both legal wisdom and practical, sometimes personal, courage. His fiery commitment marked a formative moment in establishing the credibility and reach of the federal judiciary, a legacy integral to the functioning of the United States government ever since.