Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1804-04-20

prosecution, more eonsoling than the
time. a formal enquiry into tie oficial
gondnct Of . Judge, must always Be 70
him matter of very serious moment. ii
must always expose him 70 . very great
uneaSiness and may render him obnoxi-
Gus 20 the most unjust md injurious ans
picions. K Il wholly inconsistent with
the humane and Just principles Of our
laws, 70 subject Z scitisen 10 evils Of this
hind, Without some specific arrusation,
resting onfacts preeiseiy stated, andsup-
ported b. such proof on oath, Is renders
their existence &c least probable. No
man, however mean his condition, or
however neanhis character, can Be bound
over % undergo The enquiry Of i grand.
jury, without such IN accusation, and
such proof. A grand.iury cannot lis
ten 70 any accusation against 4 man, nor
enquire into h:s conduct. much less put
himupon his trial By finding ! present
ment against him, unless an accusation
90 supported be FIRST adduced; and the
person maliciously instigatine the enqui.
y is liable, in case i shonld Sc reiected,
20 snit Tor reparation By the accused
party. All these Just and humane pro-
visions are established By our laws, for
the protection Of innocence, not merely
from punishment, butalso from unfound-
edand vexatious enquiry. Every prin.
ciple Of reason, Of Justice, and of law.
and every precedcni, thar deserves or
has received the weight ofauthority, con.
cur in requiring the full application az
these provisions 70 the case Of imPeach-
ment. rs y Z
And yet IN ibis prosecution an these
provisions have been completely tlisre-
Sarded. Anenquiry has been instituted.
ofthe most serious import 70 the party
accused, on the mere suggestion Of !
member IN his place, unsupported 81
oath, by any specific statement Of facts,
which i supported BY oath would hive
justified an enquiry. This enquiry, thus
instituted n manner the most unprece-
dented and alarming. far from being con-
lined q any specific charge or iact, IS
extended O. the whole Official conduct of
= judge who has been above eight wears
ID ofice, and anth0rises the most minute
inquisition Of his most unguarded and
most inconsiderate words and actions.
throughout the whole period. Itcannot
escape your honorable body, how Eormi-
dable IN engine Of oppression such an e,l.
q1iry must be, in The hands Of persons
disposed 10 abuse. Your memorialist il /
AR from insinuating that such has been
the case IN the present instance. This
insinuafion he. could not make, or even
suspect 20 Be wen founded, without de-
roeating from the respect that ought 10
Be inspired BY 50 elevated 4 body; bur
the soundness Of principles Is m no man-
ner 90 wen tested Is b. The consequences
% (which they lead. And although it
cannot Be suspeeted that the honorable \
body i under the influence of party-spi-
rit, party-yiews or individ1alm malice, vet
Iii ! melancholy truth that free govern.
ments are liable 70 the influence ofparty
spiit, and that when this fatal passion
takes fun possession Of the mind, il com.
pletely atiiles every sentiment Of justice
and humanity, n regard for law and |
right. Should thar time ever arrive,
which God avert! uhena majority of |
congress, inllamed By party spirit, and
seeking the destrnction Of is opponents,
shall desire to criminate = Judge, in or
der % heap odium ON the party with |
which he Is connected; when aprcsident
e the head Of this majority and guiding |
III uaaaione shaH sl.e.r. fe<,rn ,,,os;s,.s