Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-31

be feared and that something valuable may be gam
cd from the assistance oil the judges.
1t shoulc not be forgotten, that impea gene
rally originate in the dissatisfacons OF the people
sometimes in party spiri,-and may sometimes grow
out Of controversies between the legislative and judi
cal dcpartmens.-and that they always preferred
and prescribed by the House Of Delegates the imms-
to be tried by the Senate alone also the
Of the same people, is there not reason r fesr.
that this tribunal, though somewhat farther removed
from the people, than the delegates are and more in-
dependent, because Of the tenure OF their oflice,-
would yet be often psrtakers Of the public discomfort
subject to the same party influences, which animated
the prosecutions parties in the stctest sense, to the
controversy, out oil which the prosecution may have
grewn,snd, therefore, strongly prejudiced against
the accused And might not the grave eounses Of the
Judiciary, in such the valuable purpose Of
temperng misguided zeal, correcting the errors Of
prejudice and holding up to the constituent body, the
light OF truth, by which the Judgment OF this tribunal
should be regulated?
The trainers Of our Constitution, little jea-
Of the judiciary and so little spPrehended the in
peachments cognizsbe before the ordinary courts Of
justice and early legislation rather to have
guarded against the undue influence Of the House Of
Delegates, than against the pariiay OF the judges
An impartial jury, for the trial of the facts put in issue,
provided, the right Of challenge reserved to the
sceu'sd and II was expressly provided. that, unless
his request, the shonld not be tried. da'
ring the Session Of the Legislature.
! Happily, we have had experiences Of the opera.
ton Of these laws In Virginia, there having been no
instance Of since the foundation Of
government
In the Government Of the United States, where tho
Senate 10 the tribunal for the trial OF impeachments,
there have been two such prosecntions-Wm Biount
Senator Of the United States, was ilnpeached, after
he had been expelled from that body. But, his
not tried the merits; il went oil, plea, that
he not amepable to the prosecution Of mpeach-
ment, not being I" civil officer" within the
sucton oil the constitution. Judge Chases
tried s. decided its merits do quote it, for
the purpose OF criticzing the raltho believe that the
incidents attending il, left very few under the inn
presson that the Senate of the United States was the
INNS Fri for Tho frial If r,pa rhu,a i
mention this trial, principally for the purpose oil i'm
pressing the minds Of the Convention two truths
| The first is, that the impeachments Of judicial Of
fcers sometimes arise from the conflicts Of party poll
tics-as this unques tionably did. 1 havo nothing to
say of the merits of the prosecution the accused,
but it is very manifest, that the spirit which maintain
ed. and that which defended this prosecution, just
as likely to find place in the bosom Of the Senate,
| in that Of the House of Representative
The nextis, that in the trial Of mpeachments against
judicial officer is often OF the last importance TO have
the law correctly expounded Judge Chase was accus-
ed among other 'hing Of violating the law Of virginia
prosecution. He had certainly interpreted Virginia
statute, against the opinion of the Virginia bar and
trary the practice Of Of the Virginia The
first important question, therefore, which under
this charge was whether he had correctly interpreted
the Virginia lawand it was found upon careful exam
ination, that judge belonging to another State, who
had before administered justice in Virginia. had
given the correct Interpretation to Virginia statute
though Virginia lawyer, and virginia Judge. had before
the value Of legal talents, in the trial OF
| = have been reminded. of another imPeachment be-
fore the Senate of the United States-tha OF Judge
Interchangeable convicted Of intoxication, while
in the discharge of his official duties and removed from
ofce-but the incidents of his prosecution threw
| light on the question we are considering.
l have explained my views in Offering this amend
men and willingly leave to be disposed Of by the Con.
veniion.
Mr.. NICHOLAS stated That since the amendment
of the gentleman from Augusta, (Mr. Johnson)
announced on Thursday, he had given to IL the best
consideration in his power and that too, under i'm
M def he vvaa alyvaV
ed TO feel for the judgment Of the gentleman who pro-
posed it, But the result Of his best reflections the
subject was that IL would he inexpedent to alter the
resolution Of the Judiciary Committee in the
| pointed out in the amendment. The Judiciary Com.
mittee proposes to constitute the courts Of
for the trial Of Judge, and requires the assent Of two
I thirds, to convict.
! The amendment recommends that portion OF the
Judges should be added to the Senate, TO make that
court The question is not one in the United
States discussed during the time that the
stituon Of the General Government under coDs-
drrson in the numbers Of the Federalt This ceebra
ted work. which has been frequently referred 10 in
this House, written nd the adoption Of
the Constitution of the United States by W no
had assened in its formation and WHO, of course, be-
eved that II was calculated to promote the public
piness do not consider this work binding authori-
ty but entitled to high consideration and respect;
only being the production Of great and enlightened
statesmen, but as containing very able and full
nations OF every topic which Processes TO discuss In
the 65th and 66h numbers enquiry is made, into
the propriey of having established the Senate of the
United States, the court for the trial Of impe ach
mens In the Of the discussion the writer con
rass with the plan amended by the Constitution,
several others that might be suggested Amongst these,
he considers the propriety Of uniting the supreme
court with The Senate; in he,formation o.ihe court of
mpe ents, and the result to which he comes is,
Il that such union would he unwise and impolitic.
The reasoning employed by this writer combined with
| my own reflections, has brought TO the
clusion. do not mean TO state in detail tho argu-
mens used by the Federalis will mention which
| appears to me to have great weight But nv the con-
stituon OF the United Sstes. and that Of this State,
conviction by impe achmeDt the party IL liable to the
sentence Of removal from Office and for
future Office. But punishment does no, terminate hero,
no still liable to prosecution and punishment, In the
ordinary course OF law.
IL the Judges to be his triers in the of i'm
parchment there would be peculiar injustice and i'm
proprety, in the Judges. setting tho samo
cause when tried in court of law, and bringing with
them that trial. conceived and publicly declared
convictions Of the guilt Of the accused But there
other considerations which have greater weight with
me, applicable 10 the amendment II is proposed TO
unite the Judges with the Senate for the trial of Judge
Does not this violate fret principles and all the opinions
which form this subject The universal senti-
men TO require that all causes both civil and cri-
mna should be referred to triers who impartial and
disnterescd IL Is good exception TO juror that he
has interest in the matter But may be said that IL is
no exception to juror, that he has interest in SINH
lar question: TO that under trial. unless he Is interested
in the matter in issue. This may be technically true.
But no would like TO have his cause tried by ju-
ror who had similar question unsettled.
In the formation of this court Of impeachment, we
are not tied down by technical ruleswo arc 70 look to
the substance Of things and ought 10 guard against la
and s,.n.,