The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-06-11

Dramatically planned and purtucd as an ingre-
dent and principle OF the government. The
people deItroy not deliberately and will return
to reflection and juRice. if patton is not kept a.
live and excited by art ful intrigue Int while the
fit is on, their devaitation and cruelty is more
terrible and unboanded than the mott montrous
tvrant. II is for their own benefit and to pro-
tea them from the violence of their own paiii-
nas that it is el1cntial to have fome firm, unfha-
ken, independent, branch of government, able
and willing to refit their phrcnzy-If we have
read of the death of Seneca under the ferocity
cs negro; we have read too Of the murder of
2 Socrates under the defuion OF a republic
An independent and firm Judiciary protected
and protecting by the laws would have match
cd the one from the fury of depot and pre-
ferved the other from the madnefs of a people.
have coniidcred thefe obiervations on the
neceffary independence of the Judiciary appli-
cable and important TO the cafe before this ho-
.onrable court to repel the wild idea that a
Judge may be impeacled and removed from Of
Zee although he has violated no law of the
country, but merely on the vague and chang
ing opinions of right and wrong-propriety and
r,Propriety of demeanor. For if this is to he
the tenure on which Judge holds his Office and
character; if be- fuch tandard his judicial
condnet is to be adjudged criminal or innocent,
there is an end to the independence of our judi
ciary. In oppofition to this reafoning have
heard (not from the honorable managers) a
fort of iargon about the fovereign.y of the peo-
pie, and that nothing in republic fl,ould be in
dependent of tliem-No phrafe in our language
is more abufed or more misunderstood. The
Jun and legitimate foveregnty of people is
truly an awful Object, full of power and COM
manding refpeet. It conffs in full acknow-
Judgment that all power originally eu,ara.es in
fome way from them, and that a.! Responsibility
is finally in fone way due to them. And whe-
ther this is acknowledged or not, they have, if
driven TO the iaft refort, phyficai force, TO
make it fo--But, fir, this fovereignty does not
conlift in 4 right to controul or interfere with
the regular and legal operations and functions
~of the different branches of the government at
the will and pleafure Of the people. Having
delegated their power, having distributed it for
various purpofes into various channels, and d-
reeted its courfe by certain limits, they have no
right to impede If while it flows in its intended
\ Observation-Disclosures we have no government
n lin like manner the officers of government are
refponfible in certain modes and at certain peri
DDS, for the exercife of their duties and powers
but the people have no right TO make them
q accountable in any other manner or at any other
period than that prefcribed by the great COM
pact of government-or contribution. Having
parted with their power under certain regulate
ons and reltri6tions, they are done with it-they
are bonnd by their own act, and having retain
correct abufes in office, they have no right to
: claim any other fort of refponiibility-If this
he not the cafe, what government have we !?
u What rule of condna? What fyncm fa1oci-
Ill alton? None-But are truly in fate of IA
wage anarchy and ruthefs confuion; with all
the vices incident 70 civilization without the re-
ifrants to controul them.
Having difcufied this necenary preliminary
= point as to what is or is not impeachable, /
Cd ri .ckIo H.
.-!o,v in ifue between the Respondent and the
Ioufe of Representatives. ofthe United States.
X will be foue relief to this honorable court to
Z learn that for the expedting of this trial, and
2 to avoid ufeiefs and irkfome repetition, the
.counie. for the Respondent have divided the ar
lcles Of impeachment among themfelves.
fhall beg leave to addreis you on the hrf arti-
'*cle, which relates to the tranfactions at Phi
\laaeiphia, on the trial of John Fries for high
eaton.
The gentleman Mr.. Early who has offered
youths obfervations on thefe articles ofimpeach-
gment, appears TO have grounded his argument,
rot on the evidence but on the articles. Suppo-
ing, perhaps, that they would be proved, he
has taken it for granted that they have been
& proved, & has fhaped his remarks accordingly.
RiIad We filed a general demurrer ofthefe char
ges, thereby admitting them as Rated, the ar
gument of the gentleman might have had the
mifake not, the Respondent has pleaded not
guilty, and the cafe mutt therefore be decided
by the amount ofthe evidence, and by the a.
: vernents of the articles. / admit, indeed, that
the honorable managers are put to fome diff
Guilty in this refpect. They are under the me-
GETTY of making their election between the ar
icles and the evidence as the foundation of their
-gument for they are 70 totally diflimilar that
they could not take them both they meet in
f. few and fuch immaterial points, that no man
can argue from them both for five fentences.
This being the tituation of the gentleman, he
has thought proper to Gelef the articles and
the facts therein fet forth as the foundation of
his argument in defiance of the tetimony. In
the obfervations fhal have the honour 10 fub-
nit, I propofe to to take the evidence 5 my
text and guide, and leave the articles, to fl,ift
for themfelves under the care and patronage of
our honorable opponents.
Upon reading this f n article of impeachment
againh the refpoDdent, after due degree of
horror and Indignation at the monftrous tyran-
ny and oppreiiion portrayed in it, the fri
quehion that would frke the mind of the en-
quirer would naturally be. when did this horrid
tranfa6iou take place? when and where was
IL that Judge Ch1fe thus r,sr(ecutpd an inform