Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1808-01-06

forms of iadicial proceedings, or the rules
Of judicial evidence, can or ougat 20 DC
annlied 10 the exercise Of that csnsorial al.
,horify which the sena.e Of the us. pos.
.esses over The conduct OF rs nenbsrs'let
us assume, as Tie test of their application
either the dictate of unfes,ered reason, the
letter and spirit of the cons'itusslon, or pre-.
ceden.s, domestic OF foreign, your com.
4mis.ee believe thatsthe result will be the
same-T hat the power Of expelliog mem.
Der mus. 10 its nature be discretionary od
IN sexercise always more summary THAI
the tardy process ofjudic'al tribunals
The power of expellipg member tor
misconduct results on tie principles OF
common sense, frem heinterest OF the
uation, that the high trust ct isgisiation
should be invested 10 pure hands. Where
the trust 10 elective j, is 90. ,obepresumed
,hs, the constituent body will commit the
deposits 80 the keeping of worthless cha.
RACERS. Butw when mao, whom bis fel.
low citizens have honored with their cen.
adtple, on1,he pledge of spo.less repu.
,aion, has degraded himself by the com
GONE suddenly and unexpectedly revealed
TO the world, defective indeed would be
that institution which should be impo,ent,
10 discard from its bosom the courag,on Of
saeh q member; which should have lie.
medy Of ampn.a,ion 10 apply until the
poison had reached the heart.
The question upon the trial Of crir,i.
nal cau sc, before the courts Of common law
is not between guilt and inn ocence, ba, be-
tween guilt and the possibility ofiunocence
Ifa doubt can possibly be raised eiher b.
the ingenuity OF the parry or Of his counse!
or by the operation OF general rules nsheir
unforeseen application TO particular cases,
that doubt mues be decisive for acquitaI,
and The verdict of not guilty, perhaps in
nine cases cut OF ten, means no more than
that the gull, OF the party has DOT been de-
1r,onstraled in he precise, specific and par.
row forms prescribed by law. The humane
spirit of the laws mnltiplies the barriers for
the protection OF innocence, and freely ad.
mi,s that these barriers MAY be abused for
the shelter Of guilt. 1t ayows strong
partially favorable to the person upon trial
cpd acknowledges The prete eace ,ha. ten
gully 'nould cseeps- saiher than one inuo.
cent suffer. The interest of.sus,, .bl,c th,.
a particulars crime should be punished !.
bat as one TO ten, compared with The inter
esb OF The parry that Innocence should be
spared. Acquital only restores the parry
ts the common rights efe every other citi
zeu-Is re .'ored his 20 no pubic trust
II invests him with 90 public ceahdence-
It substitutes the seoteuce Of mercy for the
doom Of justice, and to she eyes Of ;mpar.
tal reason, ID the great majority eff cases,
most be considered rather as pardon than
justifca ION.
But wheo member of iegis|ativ.
body lies uuder the imputatioD OF aegrayas.
ed offences, and the determination upoo bis
cause can operate only TO remove him from
a station Of extensive powers and impor,ar.
trust, this disproporson between the inter.
est of the public and the Interest Of the o.
acknowledgements; if ANY disproportiec
exists !. IS of 40 opposite kIad, It is not
better that ten traitors should be members
OF this Senate. than that one innocent man
should suffer expulsion. In either case,no
doubt the evil would 5eg great. But ir The
former ii would strike at be vi,s!s of tho
nation 10 the latter ii might ,hopgh deep.
iy to DC lameoted only be the calamity Of
an individual.
(By 1he letter OF the constitution, the
power OF expelllng member is given TO
eacnof the Two houses of congress, with
out any Limitation other than that which re.
quires concurrence Of two thirds of the
votes 10 give effect. The spiri, of the
constitution 10 perhaps 10 GO respect more
re marx axle tbs In he ,,5: 80, 4 ,.l:L ;.