The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-07-30
ENoLuME 9.

iN.T. SH',rhcb) u would introduce the atj'ir-
h'Cy, that pertog might be twice pnnifl e.. Tor
he fame crime.
This honourable court vii! ohferve, that the
. tsvo fnnjlSmsnf5, whiohmay hcre bc}nfiic.ed oh
IMPEACHMENT and Jis5feqaeof indictment, amount
- no more tran in England takes place on 4
hHSIe freisen.ion for there, or Engic conyicti-
on, Judge may De removed from ofice and al
10 dnsd, i'aprifoned, or utherytifr puniihed, ac-
cordmy 10 the nature or his c,fence. But the
Whole OF this power the United States have not
yefted in the fame body 30 the Sepa,. they
have confined the puriihult ht of removal from
Office, and disqualification 81 the ,leiton from.
holding ofhces in future; but c,n there be a
hrge doubt that Perfon, by impeachment, re-
r'oVed from ct.lce, cannot Afterwards, accord
ing to the nature of his crime, be punifhed hv
Indictment! Can gentlemen fuppofe 4 reno-
vsl from Office was intended 10 waiI, away all
crimes the officer ioud have committed
What are The crimes for which an officer can
be lmpeacfed? "Treafon, bribery, and Other
bish crimes and ,nf,lemean,rsn
Suppcfe 2 Judge removed From office, byi u-
parchment, for treafon, woulS that nah away
has quit would he rot afterwards be liable to
DC 'ncittcd, tried and purified, rs traitor?
Undoubtedly he would, TO IN fiIe cafe of bribe-
ry. Yet, ii the geuteman's idea is correct. 4
removal from Office on impeachment, for either
OF thoie CRIMES, would free the officer from any
consequences which would refillt from thc prn.--
ciple fugeeited by the managers, that Judge ID
only removable from office on account OF crimes
committed by him ndge and no. g. theGe.
tor which he would be puniItable as private
indiViduai! judge, then, might break open
his neighbours houte and Zeal his goods he
might I've common receiver Of ftolen goods
Tor theie crimes. he might be indicted, conyc,-
ed and puniffed, in court OF law; bur vet he
III Il Irt l.g. \
offence was not committed by him in his iudici-
al capacity, and becauic he could rot he puniih.
ed twice for the fame offence
Tbs truth is, the trainers of The connilution.
tor many reaions which influenced them, did
NOT think proper to place the officers Of govern
inent IN the power of the two branches of the
leg'ilatnre, further than the tenure of their of.
nee. Nor did they chooie 20 permit the tenure
or their offices to depend upon the pa1hons. s,r
ipre)udces of jurors. Tbs very cIaufr in the
contribution, of itief, fhows that it was intend
Ell the pe,fons impeached and removed from c.
fee MIGHT fill be indicted and pupIaed for tie
lame offence, elfe the proviiion would have been
not only uugatory, but a reflection on the Gu
lIshtened body who framed tie contribution
luce no Herfon ever could have dreamed that 4
convection on Impeachment and i removal from
ONCE, IN coniequence, for enc olfsnee, could
prevent the fame perfon from being ndiGed SC
fhall now proceed in the enquiry, far qvAat
can the Prelident, Vice!Preiident, or other civil
officers, and conftquenty for what can Il Judge
be impeached And Gall contend that il
mutt be for an i"ai7a5ie offence. The words
of the contitution are, that they ilall he liza.
bic TO impeachment fortreafon, bribery, or otter
b;gb crimes and mifdemeanors."
There can be no doubt bat that treafon and
bribery are mdiaa6lr offences. We have only
TOE tI1Ira tI,.ar -,
and mifdemeanors. What is the true meaning
of the word "erin,s?' 1t is the breach of
fnme law, which renders the p:.rfon, who VIC
lates 1t liable to punhment.-Iherec can he no
crime committed where no fuch law is violated.
The honorable gentleman to whom before
alluded, has cited the new addition of Jacobs
Law Dictionary; letuS then look into that au-
thorty for the true meaning of the word I" ,sic
demeGnor." He tells us
M'idemenlOr, or mfdemesnor is crime
lefs than felony. The term n.ifdemcaaor is &C.
morally rfed in Capitalization to feIorv, and
icomprehends all indttab'e offences, which do
moi amount to felony, as perjury, libeis, con-
ipracies, aiiauits &c. Zee 4 CONN., C. l. y. r.
! II crime or mitdemeanor, flys Backbone,
Is an act committed or omitted in violation of 4
public law, either o.tiidiug or commanding if.
| i his general definition comprehsDds both crimes
and mhdemeanors, which properly fpeakii,g are
'iNiS lyhoIhibOuS terms; though IN common u
iage, the word crime is made ufe Of to denote
iuch offences as are of deeper and more at
trocious dye; while fmaller faults, and omifions
OF let's coGiequence, are compriled under the
gentle name of mifdcmeancrs only.
Sin making the diftineion between public
wrongs and private, between crimes and miide.
meanors, and civil injuries, the fame author OBJ
ierves, that public wrongs, or crimes and mifde.
meanors are breach and violation of the pul,-
nc rights and duties, due to the whole comnu-
nifty, coniidercd as community in its focal
aggregate capacity" Comm $.
Ihus it appears, crimes and rifIemearors
are the violation of a law, exporting the per,i,n
to puhlihment; and are ufed in contradaintli.
on to thofe breaches of law, which are mere
private injuries, and only entitle tine Injured TO
civil remedy.
blackftohe's Commentaries, d vol. .. s. is eit.
ed by Jacob, and is as there Rated I G,sll mo,
turn to it. Bale, in his Pleas of the Crown. vol
i, IN his Premium, which is not PACED, f,ea1.
ing OF the diviiion of crimes, ftys,
"Temporal crimes, which are offences =.
ga'nit the laws of this realm, whe'h her the com
mon law or acts Of Parliament, are divided into
two general ranks or dihrbutions in refDea 70
tue punilhments that are by law appointed e,-
them. in reft,p4 of tL.ir 80