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

49,. - VI common law, and punilt.hle h,
'."!eht' DO TAR as the offence cor,,r;..l,
,,y,,,e o ~ ''eiety, only IN cosituuenc- oT ill.,.
.r.;c pveo II. tne otilcer being abpf-d IN ~.
into ONLY h., 0.'lcisi functions, it is nqairabJ.
Nv h., ,c,ro..a ,,'npe"eHnent, and puniihahl- ON
g. ei'o'aI rom Office, and tii(cual,fr,,;,,,,
80 ncio any ONCE but 10 far as ,rg i''
ei"h''"i, independent of the ofy;r. i 80.
.luie'nent, and is made punilbal,l, s.(,
,,rI;e ~ 'ne SHOWN rules of law in cot,,,s -
-. ju''oittion. As, if all officer .st..,
e.: ~ 20 an act not connected v,;tb ~;
,or inns ne is ind6table in CONT rs; ,,T
~ ~ oy' Impeachment, therefore, accor;i;n,
i,a ""'.,s or the contribution, NAV iairl1
Ju,} nr ~, 80 -. d KIND OF inquet into the con.
nee the manner in which he nerfrr,,,s +I a'
yes ti,ereof and the effects thar i;s o1n,i,.es
I'Ie'eih may nave on fociety. 1t is NOR in 49,,
nature OF a civil inveftigation. than o. -;
nal pfoiecntlon. And though imnesct,r,a IS
e"ces are termed in the conititu,ion b;,,h cr;,,,o
s s''u iiIuefheanors, they mutt be fuc6 onlv &,
la' az ieeaTdS INC Official conduct OF the Office.
@,a eeH ie"."h and bribery can only be in.
eroe ~ Imprisonment, 70 far as the
,ha d,'a oe sohiidcred as violation of /
,ne Iu'eS OF the officer, and oe ~.
OATH the officer takes to fupport the cona;,,t n
on ana laws ofthe United States. ana 80 ~,
oe'a -, % once and not as to the crip,;n.,itS
~, '""'e cHences independent OF tbe e..
=; IIs mut be inquired into and pun(l,ed Nv IT,.
IhiS petition is frongly fipuorfeif by ~
n.oae OF projecting adopted by this honorable
court IA Gales OF Impeachment. You i(jne
o,s~'o give notice To the accufsd of4be
i';Sc 'sa'nlt hiai You do noteohG5sf
"'S perIo"a appearance neeeiIarv Won ifIi,e M
compniioTy procels TO enforce his rerc",aI ~ ~
tendance; and you pats fsntence or render md.
ment on HIM IN his abience. Bur IN oil 80;
nal projections, compulfory nrocars -
niue at lone itage Of it TO enfnYca +be
aefendantS appearance unlefs ourIawrv
ID England DC conRdered an excent;on,
Wis II Is believed, Is not reforted ia N .his
~, aug peFionai appearance is conGdey.
"a o. "9'Ctult5y necsIary ; and in almof very
nounced againil him. This cc,.jlr.,F,;,,o of -.
c0naNuuonal proviion appears ia NJ. afG,,ut1 !
~ heSeh%'y' TO avoid the abfird con{sc,fencel
mat "o"id ariie from different conar,,FF; IS,
.'d' Oh PuH.iiilEg man twice for the f,r,c III
fence which could not have been i1,-nInG H., !
me trainers OF the contribution, THE n,,,-s-t-e
me Juosineht which You are bound to render.
ana "ot 10 S@ceed' appears alto cCncluiive In
VI, ,r'S "eHu. on can only remove and tifol,a4
my ~. m,n'vluua rom holding any Office OF ho-
nor, truit or profit. This cannot he conf, H..
ed criminal punilhment T.; it is merely = do
pfvation of rights; a declaration that he NJ,
ion IS notProperly qualified to ferve his corn.
Try. i1ence,l conceive, tlat in order TO
port theie articles OF impeachment. we are ,ot
bound TO make out luch cafe as w6u,,, hf
punifhable by indictment in a court Of law u
IS inff'cIent TO ihew that tie accufsd has tr.nr.
grelied the line of lis official duty, in violation
OF tnf laws or MS country: and that this cor.
dect can only be accounted for on the ground
corr 1.r,f
hunt down the accufed as A criminal wbr h.,
committed crimes OF the deepeh die :. and tb;
hononraoe court are not authorized to ;uGia
pun'hment adequate to fuch crimes If .ba,
nae been committed and conld be ef9b,iG,ed
win tins we've OF The meaning Of the coufitrf;
chal proviDon relative to impeachnents. Ts
proceed to examine the articles now l,,d.
confederation. and the evidence given To {.
port thfm' IN the courie fthis eyamirdtio,
we aPPrehend' 1t VIII Clearly appear. that /.
whole conduti Of the Judge in The fsver,l tr,n
actions, for which charges are alIedged 81,
MN, bnd its origin in corrupt partiaiitv an,
predetermindtion, uaiuitly 10 opDrrfs. un;e
the ianction OF legal authority, thoic who be
came the obiects of bis Recruitment in conc
quence of differing from him in politicaI fsc
timents turning the judicial power, wit
which he was yclfcd, into m engine of politca
opprenIon So completely, IT is conceivs,
4i'o t''iS 'iotlNc pSTVadeu the Whole Of his Ind
cIai transactions now in quefion, that there
rot Jingle aft charged in the articles of ~
parchment, that is not trongly marked ,g;f
naniteit oppreilion, fpringing from pol;t;r.
intolerance, under the maxi of sdmiei(ierh,
lnitice. This is the corrupt origin from o,h;c
have ifiued all the evils complained of /. ~
has for ages been the fcourge Of focictv am
It is all important, that in our country. who
IS yet IN its infancy, when this poifpnons Ger,
cannot have taken deep root, it nionld be cPn1
ed IN its embryo, and no. permitted TO eafht
itrength by the fan6tion Of high and hyperion ar
thonty.
In order to obfervc fonc arrangement IN ~
lnyeitgaton of this fiijctt, propofe 10 co,
1der, hrlt, under one general view, the coudn
of the judge on the trial of Fries for tre,r,
as Rated in the charges contained in the Ia
article and,
Secondly, will confder alto under one
neral view, the conduct Of the Judge in The
al OF Calender for libel, rs fta.ed il th. T.
raj charges contained in The r:cord, thirI. n
fourth articles ofthe impeachment; The "A
and fxth articlesI will leave to be fuD 2orf
by thofe gentlemen alociated with me +,
management ofths prcfycu.ion, WHO have "a
more congeriaHt than my!cifw with the lava
and practice Of the courts, in virginia, ~
which the iupport of theft a,t;.t,s .,,sfe.t