Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-03-13

Should no, ~ any time address The Jury.
or dill IN any manner. hinder them. from
addressing ,he jury on the law as we'll a:
on the facts arising ia the case. I, wa.
expressly stated in the copy of his cpini
on delivered, as above set forth, TO Viii
liam Lewis, that the jury had "a right t.
dertermine the law as we'll as the fact
and the said William Lewis, aud Alex
: ander James Dallas were expressly in
formed, before they declared their reso
luton TO abandon the defence, that they
We've a, liberty 10 argue the law to ths
jniv- This respondent believes that the
y said William Lewis did not read the OPT
c Mon delivered to him as aforesaid. ex-
cept very snail part n; the beginning cl
81 IL, and of course, acted upon II without
knowing its contents and that the salc
Alexander jones Dallas read no part oil
the said opinion until about year ago.
when he saw a very imperfect copy niAde
~ Tia court by a certain ". ,. oiddie'
~ And this responder, further answering,
saith. Ihat according to the constitution OF
~ the United states eiV8 of'eers thereof.
, und no n,her persnns, are saoJec' 10 III
peachmeni, aud they ot5y lot 'reason'
bribery. corruption, o. other nigh crime
or nisdemcanor, consisting IN some
aol done or omitted, ia violation oi some
= law torbidd,ng or commanding ii; on
con,,eiiou of which act they NEST be re-
moved froa, cBce and may, after con-
yi.a;on Sc indicled and punished there
B. for, according. TO law. Hence it Clearly
results. tia, no civil officer Of tie United
a.es can be impeached, except for some
offence Tor which lie may be indicted at
law; and thai no evidence can be receiy-
ed on an in,peachment. except such as
Oh an indictment 1T law, for the same Of
fence, wnuiu I've admissible. That nudge
cannot he indicted or punished according
to law, for any act whatever, done by him
~ ms Judicial capscity, aud in a matter OF
phchihe has Iarisdiciion, through error
OF Judgment merely, without corrupt mo-
lives. however manifest his error may
be, IS 4 principle resting on lshe piainest
,naxim- al reason and l,siice, supported
by the highest legal authority, ard sancti,
oned by The universal sense OF mankind
~ he hath already eudeavoured 10 shew,
and he hopes with success, that all the
opinions de.iss,ei hs him in the course
OF the trials now under consideration, were
eorTeet IN themselves, and in the time and
manner Of expressing thufn; and that
even admitting them 70 have been incor-
reel, there vas such strong teaspn in their
favour, as 10 remove from his conduct e
& very suspicion OF improper motives. IL
these op'nions were incnyteStshis mistake
~ adapting them, or IN the time, OF man
ner 81 expressing ihs'n, cannot be impu.
ted 10 him as az offence of any kind
: mpehsles as an high crime and mlsde
neai'or, Tor ~hish he oesh, tc be rs
noVsd from office ,solsss il Gao Be shewn
by clear ard lsE2i syiaencc, that ne aetcs
from corrupt motives. Should itbe con
sidsEed ;ha, some improprie;y IS sttschs.
To bis conduct, in tnr time and mode Q
expressing any oi lhvse opinions still Il
apprebends that Ssrv wide dfsre,.c
exists Se,ween such irnpropriety. the ca
s'a; eficet of human nfirmiiy ard hig|
ofiiae ard nisdemcaaor for which h
may DC im2each Il, and must OH cUnviei
on be removed from Office.
Finally, tbs respondent. having thu
laid before this honorable court trp
state of his case so far as respects the mrs
article Of impeachment, declares, upol
the .strie,es, review Of his conduct durns
TIE whole t,iaI OF John Fries for treason
that he was not on that occasion unmind
fdl Of the solemn duties of his Office q.
judge thai lie faithfully and impartislly
ard according 10 the best Of his ability
and understanding, discharged those dc.
ties towards the said John Fs;es and that
he did not 10 any manner, during the said
trial coHduel himself arbitrarily, spiustly
or oppressi'ciy, as be is accused by the
honorabis house OF representatives.
And The said Samuel Chase, for plea 10
the said FIRST article Of impeachment,
saith, ,hat he is not guilty Of any high
+ crime or nisdencaror. as IN and by The
sad hrst article is aiedgedl and this be
.prays may b. i,qui' cd ofoy this honorable
court, IN such manner as Law and justice
shall seem 10 hem to require.
CIo be co,lfjHHed.)
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