The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1823-09-15

as The test OF their fftCatlOn elmer
| the dictates of unfettered reason, the
letter and spirit of the constitution, or
preceden.s, domestic or foreign, your
committee beliers that the result will be
the same Tina; the power of expelling
member must in its nature be discre-l
iionary, and Il, its exercise, always more
summary than the tardy process OF judi
cial tribunals.
The power of expelling member for
misconduct results on the principles OF
common sense, from the interests of the
nation, that the high trust of legislation
should b. invested in pure hands. Where
the trust is electiy., it is not TO be pre-
sumed that the constituent bocy will COM
NIT the despotic TO the keeping of worth
less characters. Bot when man, whom
his fellow citizens have honored with
thei: confidence, on the pledge OF spot
less reputation, has degraded himself by
the commission of Infamous crimes,
which become suddenly and unexpected
ly revealed TO the world defective indeed
would be that institution which should be
impoteDt to discard from its bosom the
contagion of such a member, which
should have no remedy Of amputaton 10
apply until poison had reached the heart.
The question upon the trial of crimi.
nal cause. before the Courts of common
law is not between guilt and innocence,
but between guilt and the possibility Of
innocence. If a doubt can possibly be
raised either by the Ingenuity of the party
or OF his counsel or by the operations of
general rules iletheir unforeseen appli.
cations TO particular cases. that doubt
must be decisive Tor acquittal. and the
verdict OF not guilty, perhaps in nine
cases out OF ten, means no more than
that the guilt of the party has not been
demonstrated IN the precise, specific and
marrow forms prescribed by law. The
humane spirit OF the laws multiplies the
barriers for the protection of Innocence,
and freely admits that these barriers may
be abused for the shelter of guilt. It
aVows strong partiality favorable TO the
person upon trial and acknowledges the
preference that ten guilty should escape
rather than one innocent suffer. The
interest OF the public that a particular
crime should be punished is out as ono
70 ten, compared with the interes, of the
party that innocence should be spared.
Aeauiual only restores the party to the
common rights of every other citizen.
1t restored him to no public trust-It in.
vests him with no public coD6deDce-ie
substitutes the sentence of mercy for the
doom of justice, and to the eyes of the
impartial reason, in the great majority of
cases, must be considered rather as a
pardon than justification.
But when member of a legislative
body lies under the amputation of aggra.
waited offences, and the determination up.
on his cause can operate only to remove
him from station of extensive powers.
and important trusts, this disproportion
between the interest of the public and the
interest Of the individual disappears if
any disProportion exists it is of an oppo,
size kind. tits not better that ten trait.
ors should be members of this senate.
than that one innocent man should suffer
expulsion. In either case, no doubt the
evil would be great. But in the former
1t would strike at the vitals of the nation
in the latter il might, though deeply to
be lamented only be the calamity of an
individual. TO be Continued