The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-04-17

trate, thst one OF them might again knock hin, down
and theis heroes of our contribution and laws, nihe
their murderous alault, by whipping the irfenible
body Of they had rendered felefs by previous
barbarity. For this inhunan ,reatmen,, Mr.. Duane
appealed to the laws of his country, and ren them
eSpeaed a redrelsof his wrongs. On charge of an
inteptionto commit breach Of the. peace, MIR Du-
ane had been prevouy arreed, and held to fure-
tty OF the peace and under pretext that he had
been guilty. Of breach Of the peace, and conieauent
orieurdof recognizancs by the publication Of cer-
tam paragraphs in the Aurora charged to be libel
lous, he and his furety iunn,oned by the then
attorney generalto anfwer for the amount of their
cognizance. Mr.. Duane had iuRituted action. for
damages againa Jofeph B. Mexican, and fome of hi.
coadutors and to relieve his fou and thofe concerned
with him from the penalty of the law, the governor
offered to dcontinue the fuits of the commonwealth
againtt VIM. Duane and his fureey on condition thar
Mr. Duane would Withdraw the action. againll hi,
Ion ]. B. Mexican and his aGociates. Need the conn
mittee make any comment upon propofition TO COM
mute an outrage 70 hagitious and and
by governor coni;utionaly enOnea to fee the laws
faithfully executed
From the preceding facfs, your committee are i'm
PEELED to declare that however unwilling they might
be TO arragn the chief magirate upon charges ,riv
al and uniubitantal, when the fundamental principles
OF our contribution invaded, it would be treaon A.
gainH the public liberty, and difgracerul absndon
the aggreflor. Public ation ought to render no man
invioable, and the greater the trui the more rigid
ihould be the Responsibility. If your laws iunly pu
ni:h man for petit larceny, furely he ough, no, TO
ecaPe the penalty of his bond, who alils the vitals
OF eur contribution Even ignorance of che law is
heid to be no execute Tor tranigrefon; but where
knowledge illumines the path Of the public Junction.
airy, how much greater i. the gull, of his innnp a.
gaint conviction
Crimes, faid the enlightened and humane Becca-
ria, are only to be meaured by the injury done to
iociety, they err, therefore, who imagine that the
crime il, greater or es according to the intention of
the perion by whom it IS committed; for this will de-
pend on the actual iupreon of objects on ,he ieni.s
and on the previous difpoftion of the mind; both
which will vary in different perfons, and even in thu
lame Perion at different times, according to the fuc-
ceiiion OF ideas, pafisns and circumhances. IJpon
that fysnn, it would be neceGary to force not only
particular code for every individual, but new penal
code for every crime. Men often with the bef in.
tention do the greatet injury to focetv and with the
worn do it the moa efieutial fervice." If then the
principle be correc that crimes are only to be mea
iured by the injury done fociey he furely mu be
guilty OF the greateh crime, who depredates upon the
great charter Of rights The infraaion of law which
embraces the cafe of individual, mEl be conGdered
truly venial, when contracted with the violation Of
contribution, upon which depends the fate and happi
neis OF whole community.
NJ sohi''i't-e deeHh IL iuPernuous to fuitain the
refolution which 'iubmted by an appeal to the nat,
riosim or the intelligence of the houie They are a.
ware that they are anticipated by Judgement and
it: integrity. The faets fpeak 70 loudly for them
ieves that the feeble voice of the committee canno,
be RATED tc reach their tone. Julce and the public
welfare demand punifhment. Do we deGre to pre-
ierVe Our contribution in its letter and fpirt Then
Punh the iniraaor oft. Do we defire the govern
ment OF laws, infead of that of the will of public
funetonary !-Then make him amenable to iuaice
who dares to Iubtute his will for that of the laws
DO we deilre TO Preerve republican initutions
Then permit no man to trample upon them with inn
Punlty Do we hold the right of electIng our public
tunetonaries to be the offence of free government.
It's exercife to be dear to the freemen of Pennfyva
MIA Then render him eonffitutonally accountable
who BY an arbitrary fiat has laid it proftrate. Do
we sonilder virtue as the vital principle of republican
republican virtue in her citadel who in difreeard Of
public ientment and public duty and in defiance of
ioiemD obligation, treats the people his patrinouy
and their rights as his inheritance.
Under fenfe Of imperisus duty, and the foIemp;tv
of the obligation under which they atf as reprefenta
tives oil the people of Pennsylvania, and from con-
fcientious conviction, the committee offer the follow
ing refolution, viz.
Re'oiued, That Tho.. M'Kean, governor of this
commonwealth, be impeached of high crimes and
mifdemeanors.
-@<s5GSSS