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

Al -
counterfeit, to foil the prosecution and at
tach censuye to the OBSERVATION-DISCLOSURES
OH by this impulse which he Cannot resist
this Judge interposes himself as a shield be-
tween the accused and the iagvs of his coun-
try; when he sees whole volume of evi
dence about to be opened to the view of the
jury, which will prove beyond the possibility
of doubt that the prisoner is a traitor, by
an arbitrary exercise of Authority, he snatch
es from the jury this evidence, which they
had an unauestionable right to hear--en-
croaches on their peculiar province and thus
tramplcs upon this great palladium of our Ii
berties--during the course OF this trial, he
suffers the prisoner to exercise privileges,
before unheard Of and unknown in any sys-|
TEN of jurisprudence-in the discharge of
his official duties, he casts censures ON that
government of which he is component part
---he charges the administration with a per-
scouting spirit, with wish to punish, without
regard to innocence or guilt To illustrate
my ideas still further, viii suppose that this
fudge disregards and contemns a decision of
the highest judicial tribunal in the United
States-The Importance of adhering to pre-
cedents and respecting former adjudications,
in the proceedings ofcourts of criminal as
well as civil jurisdiction, is admitted by eve
ry one.-This regard to previous decisions
ensures certain and uniform administration
law, in lieu of the wild discretion of Judges
and the VARYING opinions of various men-to
the utter destruction and prostration of pub
lie justice-I will suppose that this Judge
tramples on deliberate and solemn decision
of the sepreme court of the United States-he
does this forparty purposes--he cannot who'll
ly exclude from his mind party feelings, but
suffers prejudice and partially to faint the
purity of the sacred fountain of Justice
81 - 4.
full to Judge? Would it not be sufficient
cause to authorize his removal from office
Would such behaviour be calculated to rem
der the people of the United States safe and
happy I! | presume evelvDman will return
the same answer to these Questions-SuCh
conduct would be disgraccfui, it would be
good cause for removal, and if would be
dangerous to the community. But, Sir for
all these alterations from duty, a Judge
could not be impeached under this CONSTITUTE
on, whose provisions We 50 highly prize. If
then, Mr.. Chairman, itbe true that feder-
al judge may commit high crimes and mis-
demeanors and he acquitted on impeachment
Ii 1t be true that he may pcrvert law, in
novate on principles of evidence and render
our courts contemplate by an unequal and
partial administration of justice and not be
mpeachabe--what more can be necessary
to convince the members OF this committee of
L he defects OF this Constitution are glarine-
they are paipable to every understanding
Ihcsc detects are such, that although we
may sometimes have character like lord
Chief justice Eyre OF a Judge Iredell as orna-
ments OF our bencls we shall more FREQUENT
" have such men as Jeffiies and Chase-at
least our Constitution will not render us safe
against such morsters of iniquitv.
What then, sir, is the remedy for these
u. 1oEo.~ IT.
8ainst the evils of Judicial tyranny and COR
ruption? BY the adoption of some such amend
ment, asthat now proposed to be engrafted
on the constitution of the U. S. An amend
ment OF the constitution will ensure us many
important advantages Among these adj
vantages, it certainly will not be the most in
considerable one-that judges will have p,ac-
ed over them, their true and proper gaardi-
ans the heofife. tits something remarkable
sir, thae IN the u. States Judges are the guar
dams OF the people. Who is to. inject the
conduct ofthese our protectorseWhoist obave
a confronting power over them? Qus custo-
dictipsos custodess They are to adrniniste;
tous that portion of justice which we have on
TINS side OF the grave. Is there to be more
trlbutIon for their sins but in another world ),
J anXIously hope, that they will here meet
with a permanent reward for their Uirtues 8,
an effectuai punishment for their crimes
20 ~ iot W NC WiSneQ Tor III the ". States that
Jadges should, in some measure, feel that
confronting power which other officers Of ON.
government feel? And how do the Sc officers
stand! The President nf the u. States has
important duties to discnarge-gsntlemen
mere, complain that his duties are too multi
farIous and his powers too great-He is eli
gible and responsible at the end of every
tour years; and the very friends of the to ii
irresponsibility of judges, wish to exclude MIN
from office after second term of four years.
why, sir, this inconsistency Why not if
gentlemen wish to be consistent, elect a Pre-
sident during good 6ehaznQpT or for life ?
What is the situation of the other DEPART
ment, OF the federal government One
branch OF the legislature, after six years, re-
turn to the body of the people. The other
branch, at the end of two years after the
time of their election, are liable to be reno
we'd, by (what gentlemen have been pleased
20 call !" the whims and caprices of the
people 1t is unnecessary to tell me, that
should the proposed amendment become
Part OF the constitution, Judge NAV be re-
moved from office without a trial When
President OF the United States is removed
from Office, what tribunal is established bv
your constitution for his trial Is there any
criminal court established who nave iuris-
dictlon over him. Does our Senate assemble
In all their majesty, and pronounce sentence
on him No, sir, he is removed from Office