The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-19

4 by those who are learned in law. IooL sir
to an Important and cissraceful trial which,
some short time past, attracte,l.the attention
of the people of the U. S. and excited their
hveliest interests--A trial the result of which
evidences the defects of the constitutions of
the u. S. Iallude to the trial of Judge Chase
An associate justice of the supreme court Of
the u States. The managers of that prose-
| cution, men selected for their intelligence
ana their integrity to conduct this impeach-
ment-before the Senate, construed this
phrase good behaviour, in its plain common
meaning-they thought it was only necessary
TO convict Samuel Chase of misdemeanor-
but the learned counsel for the respondent
thought otherwise. The term good behavi-
our, SAID they, was general term ,scd in
the constitutional specified no offence of
which ajudge should be guilty to cause his
removal from Office. They commended that
the fourth section of I'd art. of the Constituti-
on specified the offences Of which a Judge
must be convicted before he be dismissed
and that these offences were .streason bril-
berry and other high crimes and misdemean-
ors !" And, Sir, is it not great public evil
that there should be a single phrase in our
constitution, which is thus capable of bearing
different constructions, and of being distort-
Cd to suit different purposes f-Is it not, too,
ISir, something remarkable, that an instru-
ment so guarded, so cautious, so specifc in
al ITS expressions, and so limited in all its
grants OF power--should contain an express
sion, respecting the most important branch
OF our government, which is so perfectly in
capable CT being CORRECTLY understood or sc
cnrately defined s--But if this term good be-
haviour means any thing, it means to serve
Jor Ute. SO saws Judge Tucker an able
judge OF the highest court of this common
wealth-Tuckers Black. part LIST $50 de
| hr-c hoh 4 L..
OF decisions IN England, that tenure durino-
behaviour is tenure for life Then, sir, If
Judges IN the y. States hold their Offices du-
ring good behaviour, & tenure during good be-
hayiour is feriare for life, unless the Office
| rs forfeited by treason, bribery brother high
crimes and high misdemeanors 1t is Idle in
the extreme, to boast Of a power Of mpeach-
rnent hanging IN lerroren, overa Judge.
Asain-Me hud another powerful obsta-
Gle IN the way Of the salutary exercise of this
power OF impeachment. The intention with
which any act is. performed, constitutes an
| lmportant part of She: criminalitv of that
/ act 90 important is the intention to consti-
! cure acri7ie, that our Ia VS. do not punish acts
! attended with the most dreadful CONSEQUENT
cSs unless they have sprang from vicious and
iuiaooiical motives In all criminal nrosecu-
tons, the 0iotiUe from which any doubtful or
c'1D'nai conduct has. proceeded, must be as
| certaIned. This must be done as well when
Ia Wdge IS jmpeschable as when q ft,loli is
tried When a judge, then, is brought be-
fore the Senate of the u. S. that grand in
quest OF the .nation-it is not sufficient to
| prove that his conduct has been derogatorv
| to the dignity and impartiality OF his cha
racter Is judge-that his decisions have
ooen incorrect and dangercus-that he has
trampled on law and on Justice. 1t must be
lncohtestiblv proved that he has been guilty.
OF an i7,ientioaaI violation of his duties. IF
! criminal conduct is alledged and proved and
there is doubt as to the crininality of motive,
J that maxim of jurisprudence that in cases of
doubt acquittal shall take place, comes to 1he
ald OF the accused. In cases where there
IS inc smallest reason to doubt of the base
ness or the motir'es OF judge, he will be ac-
! quilted; and almost 90 Cases in an hundred
VIII leave room for some doubt Is i not.
sir, expecting, too much from any earthly
tribunals; to expect that thew can exercise
the powers OF oInniscience itself-can pene-
trate into the human heart and see the base
ness and corruption which circulates there :
| Here then impeachment fails
Again-impeachme ONLY guards against
such offences as are indictable. When, sir. 7
wish to know any thing about the solid adj
vantage 81 this Wanted power of impeach-
lment roy ewes arc involuntarilv drawn to the
trial OF Judge Chase. The learned respon-
| dent, whose capacious mind embraced every
principle OF law, in his anSQuer to the articles
OF impeachment exhibited against him, laws
1t down asa correct position and supports it
with all. the energies Of his mind that no
Judge can, on impeachment, be convicted of
any offence, and removed from Office unless
| that offence is itdicta5ie. The council for
the accused Judge contended also for the
truth OF this position. and ] say the least that
| can possibly say of their efforts, when
declare that in my opinion they sustained
4 their, doctrine with lausibility-They knew
| that IT was all important to fix the principle.
that no judge could be removed from Office.
unless he committed some act, which would
| bring down upon his guilty head the penal
4 ties ot some law Of the u. S. or of some STA
tutory provision of the state in which he sat
! asjddge. 1t is not a part of nv duty now.
nor IS nc my wish to,examine the correctness
| OF this doctrine. 1t will be sufficient for nv
purpose to say that it was relied on in Chas-
| e's trial--that it was the Pivot, on which that
prosecution tarned dhd that it will always
open door for Judicial corruption 10 stalk
| through .5t
If, Mr.. Chairman, reasoning of this kind
VIII not convince members ofthis committee
| of the total inefficacy Of the power of inn
parchment placed by orr constitution in the
hands OF the House of Representatives; They
need only recar to erHe7ience that abundant
source Of human knowledge-Theyyn need on
iV ypfrT n he tnr.y 6 49,