The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-05-24

II is with peculiar difiidence rife. in com
piance with the duty ALIGNED me, to adj
| drsiS TINS honorable court on this important oc-
| Canon. SeIible CT my own incompetency to
40 !n't juitice to the inveitigation of this caufe
when us Importance, and the influence that
the whole tranfiEtion is calculated TO have IN
The jurisprudence of our country, would faem
to require, thould have felt difpoled to de.
cine me undertaking but called upon By the
representatives OF the nation TO aid in fupoort-
Ing proiecuton which they have deemed il
proper to inltitute for the public GOOD, 7 CON
ceiVe IL my duty to yield up, in fnme deg1ee.
my own feeling, to obey the voice of my coun
try and perform the duties impoied upon me
thereby. Under this impreGion flall endeavor
10 execute the truit repoied in me on this oc-
Gallon, III tuch manner as the very fbort time
left me from other public avocat;ons, and the
limited means Conformation on fubiects of this
nature which the prefent Gtuation of this
pace Affords, Will enable me. feel, however
OH conilderao!e confidence in this undertaking.
rom the confederation, that there are other
gentlemen afiociated with me on this occa(ion.
who are fully competent to do complete iui-
tlce TO the iubjeet. And Till higher degree
OF confidence arifes from a perfect cesyicfion,
tnat the honorable members who conpofe this
niSn tribunal, and who are to pronounce the
hnal decion in this caufe, are well qualified 10
nveitigate ifs merits; and that their talents and
experience are flch as to preclude even the
poiilbility ola defeat of juitice taking place, in
conlequence of any deficiency thai may exit in
the cxertions of council on either Gde.
Inc fcene, prefented TO the nation bv This
tfiai' is more than utually intcretine and i'm
portant. One of the higheR officers OF the 20
vernment, called upon by The voice of the peo
pie, through their representatives, before the
nigheit tribunal known TO our contribution thai
lr0.a Inn, al .
aniwer for the abuie of the power with which
ne had been entruited. 1t is melancholy truth.
that deroeates much from the dignity of human
nature, but 1t is truththat has been Ioraees eta
bnhed by experience, that high aud important
powers have tendency 70 corrupt thofc on
whom they are conferred. Few minds are poi
ieiied OF iuiiicient integrity and independence.
when elevated above the ordinary level of the
great MATS of their fellow citizens, to reGt the
lmpulie their high ltation gives them, to erafp at
ltiii greater powers, and proititute thofc which
| they already poliefs.
Hence it has been the great exertion of all
governments, who regard the rights and liber-
ties or the people, and fill muft continue tn
| be 10, to watch over the conduct oftbe hiob and
confidential officers OF fate, aud guard apainf
their aouhng the powers rcpofed in them. For
TINS pnrpoie the mode of trial by impeachment
was reiorted to IN very early times in that conn
try from which we have derived mott of our
laws and uiages. Near FIVE hundred wears AGO.
therePreientatives of the people in that nation
felt themielves cloathci with fuficient aufhori-
ty to check the abufes of power, in the hichef
officers under the crown, by calling upon them
! by impeachment TO aniwer before the bopf- of
| iords tor their conduct, and puniihing them
ior incn acts as were unauthorized, illegal or
opprcfiye.
| 1t was wife and polite meafure to have
charges ofthis nature tried by the higheit triIu-
nal IN the nation, that would not be awed nv
the great power, and elevated Handing of fine
accu:ed, nor influenced blythe popular voice of
the accuiers, further than ftriCt regard 70 i'm
partia! juitice would require. AS i conceive
therefore, that pure and unframed impart;,I;tv
ought 10 be the Characteristic feature in the tri-
al by impeachment, l llall for myfef, and
conceive may in the name of the repreEenta-
tives of the people, utterly difclaim anv dcGcn
or win, that party considerations, or difference
IN political fentiments, fhould, in the renotrG
degree, enter into the invefigation or effect the
decihon of this quefioD. Yet in order TO AZ.
certain the motives that aduated the refnon.
dent, IT may become neceiiary to notice the
difference ofpolitcal fentiments, 70 far ga We
garded the accufed, and thofe who are flated ~
have been injured by his conduct, at the time
thoie tranfactionstook place, that gave oriy;n
TO this profecution. o"
In the view which, propofe taking Of tlis
iu9lect, ihall in the firf place notice the pro.
vilions in the contribution relative TO i'm.
parchment, and endeavor to afcert ain the pre-
clie Object and extent Of fuch provfon 70 far as
the fame may relate to the prefent cafe.
The fri provGon in the contribution on chi,
iubje6, TART. 1T, feet. s. declares that the f.
nate ihalI haye the iole power to try allimpcach-
ments.
Here we dfcover the great wifdom Of the
trainers OF the contribution. The higlieh and
mott enlightened tribunal in the nation is char.
ged with the protection OF the rights and Hber-
ties OF the citizens agsinn opprefion from the
officers of government under the larftion of
law; unawed 10y the power which The officer
may pofiris, or the digniGed fation he may mn.
compledt jutice may be expected at their hand.
The accuied is called upon before the fame
tribunal, and IN many infances, before the
fame men, who fgnctioued bic Official elevation
TO anfwer for abufng the powers with which
he had been entruited. Men who are DreGim.
cd 20 have had favorable opinion of him once.
are TO be his judges no inferior or coordinate
tribunal is TO decide on his cafe, which rniyht
from motives OF jealouGy orinterea be prcinI
ced agant him and with his removal. No, Sir.
bis iudges, without The fliadow of tenpta,ion
to influence their coaduS}, aic placed bcvo, 4
the reach of fulpiciOn