The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-06-21
l3lsan.ng9 of Couues,,
ON The
IMPEACHMENT OF JUICE CHASE.
THURSDAY, FEBRUARY o..
[ Mr.. Hophigten, III eon:iupaf.c.. !

u, IT. y
Fries - = ''"' =
An aa Of CongrsGs vi, :, 80 -, , c:..
on aet) has fpecially provided in the marRrt
you have heard, againit combinations 10 defeat
the execution of the laws. The combinations
puniihab,e under this att muft be 6iftineuifhet
from fuch as in themfeves amount to ,reafor
which is unalterah.y Fixed by the conftitu.iou
i'felf. Any combinations, there fore, which be-
fore the pafng of this act, would havs amouSt
ed to treafou, fill conaitute the fame crime
To give the ad in quefiion different con-
fruetion, would do away altogether the crime
oftreafon as committed by levyine war, tecaufs
no war can be levied without combination ft,7
iome of the purpofes Gated in the s6l. VIII
mutt necefarily conttitute 4 part though H.
the whole of the offence.
This, gentlemen of the jury, is an indi6i
ment agairh the prifoTer at the har, for levv-g
war againit the United States TIE frf enqui-
ry therefore is, what is meant bv thefe words
of our contribution, &c Treafon againit the Uni
ted States, ha Confa only in levying war a.
gainh Them" &c. Theft words are repeated
verbatim, believe, in an aSf Of Concrefs, cali
led tie judci-ry at, defining TIE puninme,t
TIE crime Of trea.or, purfuaat to contributions
al authority. This crime being defined in the
contribution OF our country, becomes the fu-
preme law, and can only be altered by the
means therein pointed out, and not by any act
of the Legislature and, therefore, the repetiti,
on of the words of the contribution in the Judi
cary act is quite unneCehary, As the only pow
er left to CongrefS over this crime was, TO de-
fcrihe the puniihmcnt the far act, in ano-
ther part, makes provifon for the method Of
trial. Agreeahly TO THEN power. Congrer have
detcribed the purifhmrnt, and thereby declar-
ed the crime 70 he capital. Il is clear, tlere-
fore, that, as the contribution has defined the .
crime, the Congrefs, drawingis fole authority /
from that contribution. cannot change il in am
manner, particularly as it is 70 declared We
the council for the rrifoner FAY that the lepfla-
ture have given If a Legislative Interpretation,
and that their Interpretation ia binding on this
court. They fav that Congrefs did not mean
to include the ofIeno charged upon the pri<og
or at the bar, under the definition of levyine
war; becaufe the fcdtion act defcribee fmila
offence, and bccaule refcue is provided foriI
another act, the pundment extending no far.
Their than fine and imprisonment. Severa
aniwerS may be given to remove thefe ohiecii,
OnS:
4" Firf, if Congress had intended TO nterpre
thete words Of the contribution, by any fubfe1
qnent act, they had no kind of AUTHORITY fo It'd
do The whole judicial power of the govern
ment is vefed in the judges of the United States,
in the manner the contribution defcribes to
them aloneit belongs to exploin the law and
contribution; and Congrcfs have no more RICH
or authority over the judicial expeditions oe
thofe acts, than this court has to make law to
bind them. If this was rot an article. of the
contribution, but mere aa of Ccugrefs, they
could notnterpret the meaning of that aEf whileit
was in force, but they may alter, amend orin-y
troduce explanatory frtlions to it, In this we
differ from the practice OF England, from whence
we received our jur fprudeit al fyfiem in gene-
raj /; for they having no contribution to bind
them, the parliament have an unlimited power
10 pals any act CT whatever nature they pleafe /;
and they, confrquently, cannot infringe upon \
the contribution. The very treafon hatute of j
Edward III. itfelf, contains provifon giving
permanent an authorityto enaGt laws thereup
on, IN theie words d: "becaufe other ike cafe
OF treaion may happen in time to come, which
cannot be thought or declared at prcftrt; it
rs thought, that if any fuch does happen, the
jndgeIIbo"id not try item qUithonf Erf going 4,
me hiHg ard parliament, qrkere il ou-bf to ke
JHdged tre0/on. or otber7vif .florr." On this
point Sir Mathew Hale was very careful, left
conftru6tive treafon frould he introduced.
=" This, gentlemen, you will obferve, only
relates TO any cafe not fpecifcd in that act. But,
on The occaon now before you. If is not at
tempted, by any contribution or in'erp, etsfion.
that any thing F'ouId he denonnated freaf,n.
that is not p~ecifcly and plainly within the con-
hitution. No treafoD can be committed ex-
cept war has actually been leveled againR the
United States.
But farther, nothing is more clear TO me
than that Congress did not intend in any man
ner whatever, to innovate on The connitrtioDai
definition oftreafon, bee aufe they have repeat-
ed the words, I think, verbatim, in their own
act, with regard to the refcue and obnru6!ion e
procefs which is mentioned in the act alluded
to IT will not be pretended, by asy man, that
every reicue, or every obnru6tion Of an officer
IN iervng procefs, or even both together, A.
mounts to high treaion, or ellie TO no crime at
all no; the crimes arc differently fpecifed,
and refcue or obfruttion Of procefs may re |
committed without that hirh charge. TIE. 7 |
think, was efficiently explained by the council
for the United States"
VIII it be pretended FIR, that confsl haze
right to read any thing before the court which
they may find in a law bork is there any
thing of iuch peculiar digritv and privilege in
the fatutes Of the Uniied State, tbat any of
them may at all times and on all occafors,
whether pertinent or not, be read in CONT OF
Juice and Isl high crime il iu'ge TO pre-
vent il Srppofc the couafrl had chnfn ON The
trill OF John Prizes 70 amufe tfemfyes with
reading the revenue laws Of the United States,
would the mere circufr narcc Of their Icing