Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1804-05-03
(Continued.)

late hour detain the house withthe express
sion of nv ideas in detail. | am as desir'
GUS as any member of this house that the
streams of justice should flow pure and
unsullied, as on their purity depend the
safety and liberties of the people of the y.
States. But when we are about to enter
into measures for preserving them clear,
we owe it to ourselves to preserve order
In our conduct, and to act in such man
ner as we shall be able to justify to. our
constituents. Every member of this house
on such an occasion ought TO be as cautious
in his proceedings as Judge in delivering
his opinions; least whilewe are condemns
>ing the conduct of the Judge, we ourselves
go astrav from our duty. For this reason
am against the adoption Of measure
which may throw a censure upon charac~
terinvested BY the United States with high
authority, until am conclnced we have
sufficient grounds for doing SO. The re-
solution on the table can have but one OBJ
iect, to wit: The direction of an enquiry
whether sufficient evidence can be procur-
ed to authorize an impeachment. / con-
ceive that this house cannot proceed in any
other way. am therefore Of opinion that
before the vote for an enquiry there ought
to be probable grounds that facts exist that
authorize an impeachment, and that evil
dence can be procured Of their existence.
am not prepared to say from any thing
which has been adduced that such evidence
does exist. / conceive that until probable
grounds are shewn we ought not to autho-
rise such a procedure, inasmuch as it may
establish precedent that we may hereaf-
ter regret, precedent which will put it in
the power ofany member to move and OBJ
tain an enquiry into the conduct of the Pre-
sident, Judge, or any other officer under
the government. Under these circum-
stances am not preparedto say this is the
regular course of proceeding. do not
profess to have much knowledge Of parlia-
mentary proceedings, and have therefore
waited before expressed my opinions to
hear such precedents as gentlemen could
adduce. Having heard none, I conclude
none exist.
conceive that the act of this house IN
voting for committee of enquiry is equi-
valent to the expression of the opinion that
they have evidence of the probable grounds
ofthe guilt ofthe judge. The gentleman
from Virginia has told us that the powers
of this house are in some degree ike those
of a grand jury. | agree that they have all
the powers of grand jury; and it is on
this ground that deny the power now con-
tended for. say that grand jury has no
right to send for testimony. They have
only a right to receive testimony from any
one of their body, and oreceive such wit
nesses as the court may send them. IF
then there be evidence in the present case,
letus act upon it, even though it be er
parte, and although that might, perhaps,
be going too far.
Irepeat it, have heard no statement,
satisfactory to my mind, that there are pre-
babe grounds for proceeding in this busi-
ness. 1t is true, the gentleman from Penn
sylvania has made statement; but that
statement appears to me to depend not SO
much on facts as on opinions; and it isnot
my wish to decide on the propriety of the
conduct of the Judge until the facts are be-
foresus. Its certain that a judge has a
right to controdl counsel, and to say when
his mind is made up, while it is also his
duty to hear the allegations that shall be
made.
In addition to these reasons for a post
penement | am also in favor of it, because
whenever sincere desire exists to gain IN
formation, which can only be done by al
lowing further time, shall always be in
favor fit, whenno material injury can re-
suit from the indulgence.