Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1805-03-22

4 IHAtSST VI "uiSu hS hd5 1uIlS4lSNIOht
through error of judgment merely with
out corrupt motives, however manifest
mis- error may be, is a principle resting
upon the PLANES, maxims of reason and
justice, supported by the hiEh.st lrgl
aathority, and sanctioned BY the uniser.
sal sense Of mankind. He hath ALREADY
endeSvo CURED to show and he hopes with
success, tina, all the opinions delivered
BY him in the course Of the trial now un-
der consideration, were correct in the m
selves, and inthe time and maan>r ofsx-
expressing them and that even ad-
hitting them to have been incorrect,
there was such strong reason in their Ia
your, IS to remove from his conduct t.
very suspicion Of improper motives. |:
these opinions were incorrect, his mis-
take in adopting them. or in the timtor
manner Of expressing them, canno, be
imputed to him IS an o fFenee OF any kind
much less as high crime or misdemean
or, for which he ought to be removed
from Office /; unless tean be shown bt
clear and legal evidence, that he actco
IIOh ~ VI
considered that some improprirtr is at.
taehed to his conduct, in the time and
mode Of EXPIRE ssing any of these opini.
ons still he app, hc Nds, that a very
wide difference exists between such i'm
propriety, the casual tEe,t OF human in
hrmity, and high crime and misde-
meanor for which he may Be impea, h., d,
and must on Con\ ton be renuV ID IRON
ofice.
Finally, this respondent, having thus
laid before this houorraL!c ccul; q true
: state OF his case, SO far as respects the
FIRST article of impta, hment, declares,
upon the .,rictest rcvi.w of his conduct
during the whole trial of John Fries Tor
treason, that he was no, ON :ha: -Iaz:on
f anmtndial OF the solemn dt','e Of IL.
othee as Judge that he fAi,aiu'.v and
impArii"lly, and according To the beat Of
his ability and understanding, u::: hArs-
cd those duties lowa,t< Nh GaiI John
Fries; and that he d.! 10, In any MAN.
rer, during ths-sa ;7i-!, conduct him.
Ieli arbitrarily, uni Us:!v, or oppressive
", as he IS accused hv the honorable
house OF representatives..
And the said Samuel Chase for plea
t. the said frat aru,le OF inpc2ch.
ment, saith, that he is not guilty of atrr~
high crime or mislrmesner, as in and
By the said first article is alleged and
this he pra>s NAV be inquired of bv this
hGnoursble court, in such manner as law
and Justice shall see m to the IN to require
The second article OF impeachment
charges, that this respondent, at the tri.
al oil James Thompson Calender for
libel, in MAY 1900, did, ~i,h inteet,o
cypress and procure the conviction of the
said Calender, overru!e tbs objection
OF JoEn 9asset, one d the jury, wto
wished to be exclsvd from serving on tie
trial, because he had made up his ami
As 70 the publication from which the
words, charged to be lIbetlouS 10 the ~
diCtment were extracted.
Inanswrr TO this article, this respond,
ert admits that he did, as Ole Of "a. A.
Sociate justices of the snprem me cour, q;
the United States, hold th. circuit COZ,
oil the United States, t"T the G!>ilict "a.
Nirginia, at Richmond, on thursday
the 22d dar Of >!ar, in the wear 1890,
and ON that day, ill the 3Olh Of that
mon.h,-wh,n CYRUS Griain, then DIS
tict Judge ( he United { r,he dis,ri,
Of Virginia, took his sea, in ,h=
sad court; and that during the resi-.
due of that session If the said court,
which continued till The dAr Of
June, in the same year, this respondent
and the said. Cyrus C,:Gn, held the said
court together. But how far any of the
other matters charge in this article, are
founded in truth or law, will appear from
the following statement, which he sub
mi,s TO the honorable court, by way Of
answer TO this part of the accusation.
By an act OF congress passed On the
9Th day Of May, A. D. 1898, tits among
o,hsrthinxs enacted, That if an: per-
son shall write, print, utter or Du,,;i,h.