The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-06-07


nav -fford. It IS important 70 ION, Senators
and Judges, inainuch as you value Tie j'ae-
ment which 2Oheri:y NAL pafs upon The pro-
ceedings OF THIS day. II is important 20 our
country, as The climates rcr charscfer FOR fuun \,
d'gH.fed and impartial jnfice, in the eyes IF a
Judging wor!'. TIE little, hu'y vortex that
plays immediatc'y round the fene of aStion.
contiders this proceeding merely as the trial Of
judge Cha!e, and gszss upon him rs he only
Perion 'nterefed nthe rfult. This is fsiGe
and imperfect vie,v Of the csf-. 1t is not the
trial of judge Chafe alcrc. 1t is A trial between
hiIn and his cruntry: ard that country is as
dearly intercfed as The judge can he, in fair
and impartial inveltiGatio,t OF the cafe, and in
jut and honrf deciion oft. There is yet aro-
Their dread tribunal to which we fhould not he
inatten'ive. We hould look 20 t with fo,emn
inpreiiions of refpea. 1t is pofteri:y-the race
OF men that will come after us. When all the
faite glaze and faife importance of the times
mall pat, away Zen things hall fettle down
into a tate of placid tranquility. ard iofe IL Mt
bnitling motion that deceives with fafe appear
/ ances-when you, mot tonourahle Senators,
who iit here TO Judge, as well as the Respondent
who ITS here TO be judged, fhal alike ref in the
l:ence CT the tomb, then comes the faithful, the
, fcru:iEizing hforian, who without fear or IA
YOUR viii record this tranfaefion then comes
,Ju't and impartial pofcrity, who, without re-
gard TO pertons or TO dignitics, will decide up
| on your dccition. Then, truft, the high hc,-
norr and integrity of this court, will ftand re-
corded in the pare language of deferved praife,
ard this day will be remembered in the annals
! OF our land, as honorable to the refpoeLent,
to his judges, and to the uaice of our coun-
| try.
We have heard, fir, from the honorable ma
nag rs who have adGtel'ed you, many harih ex-
preons. hope, fir, they will do no harm.
We have been told Of the respondents unholy
FMS, which even the heavenly expectation of
! ,inoere repentance cannot wall, away; we have
been told OF his volumes Of guilt, every page of
which calls loudly for puni.hment. This fort
OF language but purilres the fame Gprit Of afpe-
ritz and reproach which was begun in the re-
piica'on to orr aniwer. But we come here, ir,
net to complain of any thing we come expect
ing I" bear and forbe1r much. II does indeed
teem 70 me, that the replication filed by the ho-
nourablc managers on behalf Of the honfe of re-
Prettntatives and of all the people, carries with
It more acrimony than either the location or
their dignity demanded. 1t may be fsid they
have rtiorted for it to Erglilh orecedeuts, and
framed vt from the replication filed in the cele-
brated cafe Of Warren Haitings. There is,
however, no Similarity between that cafe and
ours. Precedents might have been fourei more
| mild in their character and more adapted to the
circumstances of our CAFE. The impeach,nent
OF Hattings was not infituted on petty cata-
logue of frivolous occurrences. more calculated
20 excite ridicu!e than apcrehe fon, hut for the
alledged murder IF princes, ard plumber of en-
| pres. IT, however, the choice of this cafe as 4
precedent for our peadiDgs, has expofed us to
Tome unpeaftnt exprefiions, it alto furnifhes to
| us abundance of confolation and hope. There,
the mott fplendid talents that ever adorned the
Brltiih nation were Trained to their utmo!t ex-
ertion to cruili the devoted victim Of malignant
pertecution. But in vaih-the fern INTEGRITY
the enlightened perception-the inlmoveabIe
Juitice OF his judges food as barrier between
him and defruttion, and fafely protected him
from the fury Of the form. So, truft in God.
it will be with us.
In England, the impeachment of indge is A
r:re occurrence. | recollett but two in half a
century. But In our country, boating of IFS III
peiTor purity and virtue, ard declainIing ever A.
gainit the vice, venality and corruption of the
old world, feven judges have been profecuted
crIminally in about two years. A melancholy
proof either Of extreme and unequaIIed corrun-
ton IN our Judiciary, or Of orange and perlecu-
ting times among us.
The firt proper ohietl of our inquiries in this
cafe is, to sicertain with proper preciGon what
acts or offences OF public officer are the ot-
Jects OF impeachment. This quefion meets us
at the very threibo'd Of the cafe IF il ihaIl ,,.
pear that the charges exhibited in thefe arti-
| cIeS OF impeachment are nor, even If true, the
| conltitutionai iatJeSts of impeachment, if II
ihaIl turn out on the inyeaigation that the iudee
has really fallen into error miitake, or indiGrrr-
ton, yet if he faDds acquitted in proof of anv
fuch actsas by the law of the land are irnpesch-
able offences, he itands Untitled to difcharee on
his trial. This proceeding by impeachment is
mode OF trial created and defined by the con.
it'tution of our country; and by this fine court
iSsxcluiively bound. To the contribution then
we mutt excluirely look to difcover what is or
is not Improbable. We flall there find the
whole proceeding diainely marked ont ard
every thing defignated and properly dihribnted
neceiidrY in the contribution of court Of cr;-
Ininal iurifdiEtion. We ilall find I. Who IN ali
originate or prefent an impeachment. .. Who
| ihail try it. 8. For what Offences it NAV he II.
fed. 4. What is the puni(hment ON conviction.
| Fhe f1rlt of thefe points is provided for in the
iecond fiction Of the fri article of the copnitu-
ton, where It is declare? that the i,t,ufe of re-
prefentatives ila have the folc power of inn
parchment" This power correfponds with
that of grand iiiry TO find prefentment or In
dictment. In the third fiction of the fame anti.
Gle, the court is provided before whom the m
parchment thus originated fhal be tried" the
Senate ihall have the fole power TO try All i'm
peachments." And the fourth fe6tion of the f.
| cDnH article FONTS inf and ,I,c. Al