Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-05-21

ae.
dep-udan, on the legislature for their su,ss,enraN
Office, aud some Of them for their continuance; ~
u, therefore, the legislature assumes ex-cu,;,s
judiciary powers, no opposition s likely TO D.. NM
nor if made, can he ef-c,ual because in ina, ue,
they may j'u, their proce edngs Into the form
act Of assembly, which will sender them obi,p
many inssnccs, decided rights which sbo,:iJ - ~
bee ief Ia Judiciary controversy and the di,.r;e
Of the erec'aire driag he schots time of the, ss,;o
is bscoming habfuoi dnd E1n,iiiar -
The o'her state which shalt take for an .,
pie, is Pennsylvania asd the other nuthur,,v ,n '
co"acii OF censors which assembled in The vo.
1853 aud 1874. part Of The d,,y Of this body, n,
marked out by the constitutions, WAS " 20 man,
whether the constitution had been preserves, ,t;e
late in every pant and whether the Legislative n.y.
executive hranch's OF government hid n,,,n, au
their duty ns qua, .aas of the people, or as., .td
themselves, ar exercised other or greater noy.
than they entitled TO hy the constitution :"
r'y led TO comparison Of both the legislative a~,
executive proceedings, with The constitutional ,n
ets oil these departments {: and from the facts en-
meraed, and TO the truth Of most Of which both side,
in the council subscribed il appears that the cons,;,
ton had been granfiy rioiated By the Ggiskltur.
rarely Of fnportum instances"
Nor is this direct derivation of their tr,.,
from the election Of the people, in itself suf;.
cient TO insure the responsibility OF those da.
partments, without regard to their term of ..r-
vice: Aud we have another fundamen,a,
principle, with whose dictation a comn,;,n..
fhpi
supremacy over their servants it is that which
enjons relation in office. 1t is not only ncces.
sary that elections shall he free and equal bu,
they should be frequently required Ia. So
deeply have our distinguished chiefs, W.sh
inston, Jefferson, Madison, and Monroe. bs.,
in' pressed with the impoi lance OF thi, prnc;'
pie, in order To renovatp, and conserve the nm
rity Of the executive department of the ma
ton, that they have settled it az a velup,,rv
I no. 10. ~ nIs,,.. xt.sr .: r..
presidential term. And why should IN. ;nd;'
| cary Of state government be superior ~ ~.
operation of this principle Shall we b. ,nn
tat all the constitutions provide the rrrn.dy
| Of impeachment before .hc legislature. for apy
wilful neglect, or manifestations of otic- ON the
part of the judiciary and shal. we thus CON.
| lipually rely on the harsh remedy of ertirpa.
lion, instead of resnrting TO the mild remsdv
| OF prevention. even were the former infa li,I.
But this Is not always the case neither in po.
itics nor the chirurgicsl art. In either. the cor
ruption may be 80 vital 50 deep seated as 10
defy the application of the remedy or if nc.
cessIble, il may be 80 cankefous or cancerous.
as to propagate its yiruent influence in def.
ance of the knife or the cautery nay in con.
scious security against the tardy reluctance
and forsiving lenity Of impeachment for
such Is the experience Of England, the protc-
type-such rs the experience ofAmerica, toe
frequently the servile imitatOr. Witness the
Impeachment of kerlynge before the Com
mons vt England, and the Impeachment OF
Judge Chase before the Senate Of the United
States. A succinct account Of the former
ease IS To be found in the concluding words Of
the Hon. John Randolph, one uf the prosecu.
tors OF the respondent Saml. Chase. He saws
keeiynSe was impeached for nno, alton n
trials of men for their li'e s and put .. unlaw-
ful restraints on juries II is true, sir, the
commons dropped their prosecution, but IS Ina,
does that prove Surely not even ms own in.
nocence, much less that Of the respondent
| III we have not made out our case, IL we are
not fully supported by the Law and The e,.
dence, You will acqnf the accused, not by
scanty and hlgid majority, but by a unan
nous vote. live have not proved the truth
OF our charge, on us, and on all the people of
America, who cry aloud against him, be- the
shame. Let as be dismissed to infamy, and
HosanRas be sung to him whom the highes!
tribuuai OF the nation deiighieth tn honor"
| The following Is one of the articles ofim
prachment against judge Chase, with its spe.
| ciicaioDs-,iz
THAI, unmindfu of the so.emu duties Of his Of
| hce and contrary 10 the sacred obligation by which
lie stood bound 10 discharge them la,hfuli, ard I'M
partially, and wifhou, respec, 10 ua,sons' the said
oAmuei Chase, on the tria Of JOHN Fries, charged
with reason, before the ci,cun G, B OF the UuiIed
States. held Tor the district of nrsyIyania ~ The
c,'y Oh rhhauephia, during the monbs of Apr IL aud
My, one thousand eighi hundred, witIest the said
Samuel Chase presided, did, 10 his judicial capacity,
eondnci himself IN manner highly arbitrary, op.
| pffssiNe and unjhsi,vz
| j. In delivering opinion, 10 writing, on The
question nj law, on the construction Of which The de-
ie"ce Of the accused materially depended, tending
10 prejudice the ninds OF the jury against the Of
the said John Fries, the prisoner before counsel had
been heard IN his de fence:
T. lo restricting the counsel for the said r, ies
from recurring 10 such English authorities as they
Deiieved Apostle, or from rng certain statutes Of
me OnIed States, which, they deemed Illustrative Of
me POSITIONS upon which they int nded The de-
| fence OF their cIieni:
" D. In declaring The prisoner from his constitu.
'io"ai privilege Of addressing The jury Through his
i counseI OF the law, well ~ The Tact, which wa,
~ determine his guilt innoce nc e. and the
ime e"desvouring To wresf from the jury their ia
oispufal,ie right Ia hear argument, and determine
upon the question al law, well the que ston VI
iacf, invoi' ed ~ the verdict which they Tequd.
| ell 10 give
| " In consequence Of which irregular conduct Of
the SAID Samuel Chase, dangerous 10 libt res,
az is novel TO laws aud usages, the SAID John
FIRES was deprived OF the riEhl, secured TO him by
the eighth article endai0Iy Of the constitution, and
was condemned to death without having been head,
ny COUNSEL, ~ his deience TO the disgrace Of Tho
Character Of The American bench, IN manifest viola
on OF law and justice, and 10 open contempt Of the
'gn's oi J"res, on which, ultimately, rest The ibefy
| anu safely oi the American people"
| Seven other articles, more or less lagitiousi
were preferred against him, for high crimes
| ana nisdtmeayiOrs, in the trial Of James Il.
| Calender at Richmond :" in attempting TO
arraign the editor Of ",fbe Mirror Of the
Times, of Wilmington" before the grand ju-
ry at New Castle, and in delivering before The
grand jury at Baltimore, an intenperate and
Lar 4. ID