Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-08-31
LOWNDES-No. 3.
ME-. MDUFFIE AND Mr.. CLAY.
10 the Editors oftke Naf'0"aI I"7s'1'se'''.,

.,d 90 ron 7 exhibited the extract upon Wh'Cn
Mr. .NI'Dufie relied In support OF MS on"' 81
&C inconsistency; confronted TINS eA'ra'c ~
Tho actual declarations Of Mr. Clay, anu i'o'''
which alone we are bounded 10 coiiee' III: po
Ttical principles on the subject o. lhsu"I 80
ascertained the facts with when II was a''euS
ed thar these principles were lnconsislehI' ahu
.o,dmrtsd the parties into Court: when over
- Ly these intolerable heats, and desirous
oTpo, trespassine too far on the kind attention
oGvonr readers, asked PERMISSION 10 deier my
r. mort of what we may suppose 10 nave oecn
the y,dge's charge to the empanneiied !ury'
whose fixed attention evinced the general ih'e
- axc;,ed nv this novel case, and the respect
which learning and integrity VIII ai"ayS COM
mand. c,,, van
Permit me now TO resume, ana 10 Inform ~"
that the Judge, with blended mildness' aiShiN'
aud 6rmness, addressed the jury IN the ioho"'
ing terms'
GENTLEMEN OF THE JUa: Distinguished as
are the parties who stand before you aS inc AZ
cused and voluntary accuser, 1t IS our ou,! 20
disregard the elevations OF RANK, 10 h0iu uHe
beam of Justice with a steady and unfanterinS
Hand md 70 consider only, in our decision, the
;mportance of the principles and the magni
ude of the interests dependent upon 1t.
To this court of which i am the organ has
been con6ded the duty Of apprizing you Oh tue
law applicable to the case. 10 you mas oeeh
assigned the more important part OF Judging
OF the whole and pronounclng innocent VI
guilty. -, a ,;o,
90, crime that can be committed IN land
where liberty prevails. He is charged with
,r.scberv to those for whom he assumed 70 ACT
sas a. failhfsl AGENT and with having negIectea i
abused the confidence OF a generous, liberal and
high minded People, who had never wlthheid
from him tie tokens of their confidence and la
yor. Tc sustain these charges, 1t has been al
leged that he has not only violated the lmpll'
cd legal principles contained IN the trust
which he has assumed as their agent or repre-
sentative; but has acted in opposition to his
own declaration of what his implied obiiga,
tons were; in other words, that his conduct mas
been inconsistent with his avowed political
principles.
The extent and nature of that obligation
which rests upon the Representative 10 obey
the implied instructions of his constituents, has
been referred to another tribunal. 1t Is your
province, gentlemen, to inquire into and deter
mine upon the fact, whether the conduct OF the
accused has been consistent with his formerly
exrr-,atd pcincirles or not. II gully no
P~..iSHfnr"t $50 ~ tco sr's' = A. the
lnu.3a l0L OF an lncenseu --,-.-a.4..f ana
the jus, penalty of the law, will res, lton i'm
who has endeavored, without being impelled by
any public duty, to cast lntamy and reproach
upon an honorable man.
The acts performed by the .udj.,5g1. charg-
ed with inconsistency are not dispu,ea The
political principles which he has formerly pro-
ftssed, and with which his conduct is said IL
be inconsistent, are to be found, not in the sex
tract" ascribed to him by his accuser, but in
the original record, the best and the only evil
dence.
The first observation which feel it to be
my duty to make, is, that il does not conclu
sively appear, by the record adduced, that the
accused ever ayowed his obligation to obey
any instructions whatever, express or implied
in the identical case to which the charge ofn
consistency applies. BY the FIRST limitation OF
the general principle ofinstrucions, the acsus.
ed has restricted the obligation to questions OF
srpsdieney only. What is meant by questions
of expediency, The subject under consideration
at the time those words were used, was the
enactment Of la,o. the expediency or inexpe
diency of which was to be determined. Gen
eral acts of Legislation depend wholly on the
question Of expediency: and it may reasonably
be doubted, whether the term expediency does
not relate exclusively 10 Legislative acts. Be-
sides their Legislature duties, the House of Re-
representatives. have ministerial dates 10 perform.
In the performance of these, the obligation to
act is imperative, and the question OF expedi-
ency CAN rarely, if ever occur. The election Of
a President, in certain contingencies, minis-
teiaI duty. The House have no power to post
pone, or emit its exercise; discussion is preclu
ded; simple choice from among the three re-
turned candidates is presented to their consid-
Grafton; and instead of its being question OF
expedieney in which they may act or not acr, i!
is one concerning the itness or competency OF
the candidates from among whom the choice
must be made.
But.without relying onthis argument, which |
has been a6duced more to show the latitude |
which might be allowed to the accused, than 10
assert what was the meaning actually intended,