The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-07-19
FRIDAY, FEBRUARY es.
Mr. Lee, III confirmation


l'een guilty of a high crime or high miftle,neanor
in Office. Surely the managers Gould have
pointed TO the proofs, e any there we're, of a
coTript and evil intent wit, which this a6f was
done. have already referred to thofe parts of
the contribution which fhew that no impeach-
unent can he maintained but for \ crime. re the
court will turntheir attention to the article now
ruoder confederation, thev will perceive that no
crime is charged il exprefs terms, and therefore
the accufed onchtzrot to be held to anfiyer il ::
hit IN idea has been f,egeaed by the honoura-
bic managers, that as the article charges an up-
lawful a6f to have been done, criminal intent
on mutt be Drefuu,ed, unlefs the refpondent
ihcws It to have been innocent. This principle,
however true II MAJ be in fore cafes, IS not
aD>Gcahe to the prefnt cafe 1.-THE a9 chars.
ed he 9sni.s' ia . The rule Of law NAV be IS has
been hafed. bat 1t tht att be mainm p,obibituu,
the rule is Otherwfe. es.
In order that the honcurahle CONT NAV mt
have the leaf difficulty on this fi,bi,ta. I will
undertake tn fiiew ti,Jt the learned Judge acted
in This infance, Itrctlr according to law, and if
his he fhewn, there viii remain no foundation
For the prcfent CHARGE
1t is well eitabIi'hed as 4 general rrIa of ;u,;r
prudence. that couft which has inriid;,qion
over m offence, may award Drocefs CONCERNING
If, and compel the patv tn appear. This NAV
BE ieen in Hawk. rteas, en-. ls, fec. Is, Ie.
The cognizance of offences againf the itsf,,.es
Of Concrets is vetted h the cirrut courts of the
United States, vol. liws OF u. S. D. SIS. From
the principle iGff nated, the circuit court ac.
CURED the power Of awarding rrocefs 70 com
| pel fuch offenders to appear in that court when
they Became vefted with a power 10 trv the Of
fence. a nrefentr'ent Or indictment ofa Grand
Jury Is fnficient evidenoe TO authorize the court
to award procefs agairf the offender. This IS
not Only the evidence upon which court uf,aI-
~ proceeds, but tisrecogritcd in the fifth sr,i-
or the amendments TO tie contribution. We
md there rcfri6tioh upon tine mower of ,bs
courts: "no perfon q all be held to anf,ver for
c1oita' or other infamous crime, unlefs bv \
! pr-fentment orindittpept of grand ;urv. g. -
winch reltriciion carries,the imrlcation, that
ny Treientment or Indictment, the party n, all
ne held 10 aniwer. If an offender NAV he He'll
to antwer to an accufation in this form, if fol,
lows AS matter of cgurfe, that the court IS
bound TO award process to compel him TO an.
rNer.
know no procefs by which MERTON can Ne
fpprehenned eXcent nv caDias. In the Drefert
tr'af we nave heard OF n bench warrant, hut tia,
TOO IS capl,S awarded 'lv Judge fitting in
court. In all cafes Of n;fciemcanors wber. .hs
pnni!hment is by imprisonment or fne. y can;,o
IS proper proceis, according to the pratfice of
TIE kings bench in England. For Ills refr,.
me CONT to pafIage read at another dav from
t5iiher'S treatife upon the origin OF fhc KINGS
bench. page Sos. 50 alfo the doctrine is Ia;I
down hy judge Blaciift0ne. in regard N tboc.
cafes where it is not intended TO proceed RI o,t
Ia'vry, Black. Cor. $40.
capiaS, Therefore, in the cafe Of Calender.
was the proper nr0cefs, according K; common
law PRINCIPLES, and tte ErgIiih authorities of
modern date. IN reaton ard common fenGe. a
cap'as IS the proper Droceis where the offence
IS fuInhahie by imprisonment. and We all know
E.st calender was charged With an offence pu
n'iliabe by fine and imprisonment yp fIch
ale, afummons would be notification 70 tb,.
oiTercerto abicond or remove hinfelf ont OF the
reach of the court.
~ any doubt can yet remain as 70 the nroprie-
W OF lining the cqpi1e, i will be cntjrelv re.
moved by attending to the laws of the United
states. The 18th fec. Of the "ats TO e9ab,ih
the JUDICIAL courts Of the U2ited States" gives
power 10 The circuit courts TO iTle eli zuyt, me-.
rfPH'y Ior Ire eeercijc of K6eir jayif!i7jon, a0d
aSrfegllg 10 the brincible5 and aj1ee ofLozv. and
me ] TN lee. of the fame act gives sxcluive cop
nzance OF all Crimes aud offences cognizable
nader the authority q; the United States 10 the
circuit courts, except otherwiir directed Nv that
or f0me other flatnte. The court which .y,rd.
the writ, is TO decide what procels is neceGarv
for the exercife of IFS nrifaittion, and agreeab.
to the principles and ufage of law in each parti-
cuar cafe.
The SD feet. of the fame ha;ute contains q
great deal of important matter in regard IN The
Preient enquiry. That for any crire or Of
fence againR the Ueited States, the offender
may, by any iuitice rjudge ofthe u. States. or
BY any juiticc Of the peace, or Other mayinrate
ct any ct the United States where he NAV he
found, agreeably to the ufual mode Of proceCs
agairit offenders in fuch tate, aud at the ex-
pence of the Uaited States, be arrened. and i'm
priiJfed or baiied, as the cafe nay be. fortrial
before fuch court of the IT, States. as by this an
has coSnizance of the offence and comics ne
the prdcefs lhaIl be returned as fpeedly rs NAV
oe, INTO the clerks Office of fuch court, together
with the recognlzances of the wiineGes for their
appearance to teftlfy in the cafs; which reroo.
nizances the magifraie, before whom the e.
animation fhall be, may cuuire on main of inn.
Prilonment, And II fuch cornnlitnen. IF .te
offender, or the witnenes ffq!l lie in \ dier;d q.
Their than that in which the offence is 10 be tried
Il fhall be the duty Of the Judge of that diar;9
where he delinquent is iinprifoned, E.aronstlv
20 iilue, and of the MARTIAL Of the fsme difrA
To execute a warrant for the removal Of tbe ~
fender, and the witueilts or either Of tberr. 40
the cafe may I've, to the diRric} in which The
trial is to be had. And upon all arretls in c,i.
mnal cafes, bail iirall be admitted, cxcent yhcrc
the punlihmeut r1ay be death, in which cafes Il
II, Ill H. - -