The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-07-30
1aIean.ngs Of Go,,msc!,
ON THE
IMPEACHMENT OF JUDGE CHASE.
SATURDAY. February es.
Mr.. MARTIN.
Ms. PRESIDENT,

!y thirty years, ihould feel lefs anxiety on the
Present occahop, though that circumifance
would DC ipffcient indncen,ent bu, am, at
this time, attuated by frperi9r motives. Icon-
!ider this csufe not only of Importance to ,hc
Respondent and his accufers, lut to my fellow
citizens III general, (,vhofe eyes are now fixed
upon us,l aud To their poftertv sor TIE tiec;iion
at this tine will eitabiiih n uofs important pre-
cedent as TO future cafes o. Impeachment.
10 the diiculion OF this canft, fear han
occupy a greater portion of your time than
could wifi, but, as the charges are brought for
ward by fitch high authority as the HouCe Of
Representatives ofthe Unitec Srates, # becomes
necefiary TO bet'w upon them more. attention
than they would defriys, were they from les
Respectable fource.
We havc Secn tod By an honorable manager,
Cir. Campbe!D that the puwcr of trim, i'm.
Peachments was lodged III the Senate with the
mott perfect propriety; for two reafons-the
one, shat the perion impeached would be tiled
before thote who had given their appreciation to
his appointment 70 Office. This certainly was
not the reafon by which the trainers of the con-
ftitntion were influenced, when they rave this
power 10 The Senate. Who are the officers la
ole 10 Impeachment? The Prsfdent, the FIee-
Proficient, and all civil officers of government.
In the election OF the two irl, the Senate have
no control, either as TO nomination or approba-
s.
appointments during good behaviour, it is ex-
tremely probable, that, though they were aD-
proved by one Senate, yet from lapfe of time,
and the fluctuations of that body, an officer NAV
be inpeached before Senate, not one Of whom
had fanetioRed his appointment, not one Of
whom, perhaps, had he been nominated after
their election, would have given him their FANG
ton.
This, then, could not have been one of the
reot,N f,N,- Il, -
hcers. But as fecond reafon, he aligned. that,
if any other inferior tribunal had been ertrufed
with the trial OF impeachments, the members
might have an intercit in the Conviction Of an
officer, thereby to have him removed in order
70 obtain his place; but, that no Senator could
have fuch ipduceiueat. L. fir, diiclaim, hold
in contempt the idea. that the members of oyy
tribunal would be iufiuerced in their .riGon ,,y
70 unworthy, 10 haze motive but what is there
to prevent this Scoa'e, more than any other
court, from being thus Influenced Is there anv
thing TO prevent any member Of this Senate, or
any of their friends. from being appointed to
the office OF any periun removed by their con-
vittion?
ipsak not from any apprehension have of
this honorable court In their integrity I have
the greateit confidence. They will difcharge
their dutyto my honorable cieot with upright
neis and impartiaiiiy. | have only made thefe
obiervations, to thew, that the reafons aaigned
by the honorable manager for yelt:ng tie trials
OF impeachment in the Senate, are filllcious?
fee two honorable members of this conrt.
Meflrs. Dayton and Baldwin who were with
me in the convention, in 1897, who rs well rs
myielf, perfectly know why this power was in
veited in the Senate. 1t was, becaufe among all
our speculative fyhems, it was thought this
power could no where be more properly placed,
or where it would be leiS likely to be abufed. r.
fentirnent, fir, in which perfectly concurred {:
and have no doubt, but the event OF this trial
will ihew that we could not have better difDoC
ed of that power.
Let us now, fir, examine the contribution on
the iubJect of impeachTents, and from tL,uce
learn, in what cafes, and in what only, irrpeach.
ments will lie. To have correct fcntiments on
tins inhJect, is OF infinite importance. An error
here, would be like what is called, an error in
the lirt concoction, and would pervade the
whole fyitem.
BY the confitution, it is declared, that ethc
Houfe of Representatives. iball have the foIe
power OF impeachm mt" That flt2ion, howe
yer, doth not declare in what cafes the power
hail be exerciied. This is defgnated in rlb-
t,quent part of the contribution, and ihal con-
tend, that the power Of impeachment is coDfn
ed to the perfons mentioned in the contribution.
namely, " the PRECEDENT, Vice -Prefident, and
all other civil officers"
Will it be pretended, for have heard fucb
a fuggefton, that the Houfc of Representatives.
have right to impeach ezery eitiassn i,idifri-
Intimately? For qrbat ihall they impcach them?
For any criminal ACT Is the Houfr of Repre-
ientatives; then, to conaitute itfeif into Grand
Jury to receive information of criminal nature.
againit all our citizens, aud fbereby 10 Aesri7,e
them ofa trial By jwy? This was never in
tended by the contribution.
The Prefdent, Vce-Prefilent, aud other ci-
wi officers, can only be impeached They orlv
in t6af cafe are deprived Of a trial bv iurv.
they, when they accept their Offices, accent
them on thoie terms, as Ear rs relates TO fbe r..
Hpy< of their Offices, renquill that privilege
they, therefore, cannot complain. Here IL an.
pears to me, the trainers of the conaitnti6o
have 10 exprefied themfelves as to leave NOT
Jingle doubt on this fubieG.
In the FRI article, fiction the third, of fine
contribution, it is declared, that judgment. in
all cafes of impeachment, ihall not extend fur.
ther than removal from office, and Gifoua,ifira-
ton to hold any Office of honour, truf or nro
1T, under the United States. This clearly p.
vnces, that no Perfons but thofe qUbo boI all.
ee5 are liable to impeachment. They are
lote their Offices and, having miibehaved them.
ievssin fuch manner rs TO lOfe their ,ff ces. az,
with propriety, to be rendered ineliqible there'
after.