Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-03-23

al musings is 10 DO tolerated. we have
nothing to do with. the politics Of the man
Let him speak and write and publish as
he pieases. This is his right in common
with his fellow citizens.--Tbe press is
free. If.he must efeetioneer and abuse the
government under which he lives, / know
no law TO prevent or punish him, provided
he seeks the woeted theatres for his exhi-
bition. But shall Judge decIaim ON these
topics from his seat of Office. Shall lie
not put off the political partizan when he
ascenfls the tr,bune--or shall we have ihe
: pure atream of public justice polluted with
the venom OF party virulence! In short,
does It follow that Judge carries all the
rights OF a private citizen with him upon
the bench, and that be may, there, t,, c
very act, which, as freeman he may do
elsewhere, without being questioned for
his condnct!
But, sir, we are told that this high court
is not court OF errors and appeals, but a
court ofimpeachmen, and that however
Incorrectly the respondent may have con-
dueted himself, proof must be adduced Of
criminal intent, of wilful error 10 cousti-
tute guilt. The quo a,fiu,o is to be infer
red from the facls themselves there is no
other mode by which in any easel, can be
determined, and even the respondent adj
mits that there are actssof nature so Ia
grant that guilt must be Inferred from
them, If the party be of sound mind. But
this concession Is qualified by the mon
stroBs pretension that an acl To be inn
peachab.e, must be indictabe. Where
In the federal conrtsi There not even rob-
berry and murder are indictablr. except IN
few places underour exclusive jnrsdic
lion. Ii is not an indiclable offence un-
der the laws ofthe u. STATES for Judge to
go on The bench IN q state oil Intoxioation
LII NAV MOI be in al the state courts But
tits indictable no where, fol him to 0mu To
DO his duty 10 refuse to hold court? And
who can doubt that both are impe schable
offences and Ought 10 subject The offender
To renewal from Office But ins,h long
AID rlise..jssing catalogue OF crimes aud
observation-disclosures (Which he has in a great
measure cnrfesscd) The respondent tells
you he had accoinplices, and that what
was guilt in him could not be innocence in
them. must beg the court 10 consider
TIE facts al'cdged against the respondent
in all their accumulated atrccity mo, 10
fake them, each in an insulated point of
view, BIZ, as chain of evidence indissolu-
blv linked together. and esietfishing the
indis5utable proof Of his guilt. Cal TO
mind his high standing and character, and
his superior age and rank, and then ask
yourselves whether he stands justified in
long course Of oppression aud iriinssice,
because men of weak intellect, and yet
fcebler temperament far inferior stand
ing 10 the respondent, have ,anneIy acoai-
esced in such acts fviolence and outrage
He is charged with various aGts of inius-
lice, with z series Of misconduct so con.
nected in time and place, * circumstance,
: as, to leave no doubt, on my raiad at
least OF intentional i'll. Can this be iusti-
fled, because his several associates have
AT several times and occasions barely Yield
ed faint compliance, which perhaps they
dared noe with hold. Can they be consi-
detrd as equally culpable with him whose
accumulated crimes are 10 be divided a.
mongst them, who had gwen at best but
negative sanction to them. But, Sir,
would the establishment OF their guilt
prove his innScencel A. most it would
only prove that they too ought TO be pu-
nished. Whenever we behold the respsn-
dent sitting in Judgment, there do we be-
hold violence and injustice. Before him
the counsel are always contumacious
The most accomplished advocates OF the
different states whose demeanor to his
5rethrenis uniformly conciliaiing and tenn.
pe'ate, are TO him. and him only. obstinate,
perverse, rude, and irritating. Contuma
cy has been found to exist only where he
presided.
MIR. President. il appears 10 me that
one great distinction remains yet to be Ia.
ken.--A Distinction between Judge yea.
Ioas 10 punish and repress crimes gene.
rally and Judge anxious only to enforce
particular law, whereby he may recon-
mend himself to power, or to his party
II IS this hideous feature Of the respond.