Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-11
od not distinctly hear, and which he did not at,.mpt t
report Test he might have Inexperienced them.
TRIAL OF JUDGE PECK

tho
House Of Representatives, and the respondent snd hs
counsel, having taken their seats.
mr.. meredith rose and opened tho grounds Of de-
fence He said that the honorable mon.yer xho h,d
stated the case for the impeachment, had property ad
Ver'ed 10 Its great Importance, both the respondent
anu 'ne community TO the respondent personally IL
was undoubtedly OF very deep interest Its character
anu us consequences. He was charged with the exer.
ce Oh an arbitrary, oppressive, and usu ped iucin
from malicious motives to the great disprrsge
nen oil public justice, and to the subverson Of the liz
oerues oil the people Of the United States. II thi,
were sustained by this honorable court the re
Ponoen would be doomed to meet not ONLY tho Ja.,tn.
reProaches Of his fellow citizens but the gris r.
sequences OF removal from Office and ut the discretion
VI ne court sentenced to perpetual osracsm from the
enn9ence and honors Of his country. Considerations
OF TINS Kind entitled him the most serious calm and
ispasssonate deliberstion upon his case Oher con.
asrauons called Tor cool and candid examination This
safeguard oil the liberties of the people wa, 10 ba
found In the firm and indie administrator ri us
ce and became them 10 look the safety OF that nor.
I winch Che constitution he'd placed arouDa the Judi.
authority oil the country. If the doctrine on which
WIS impeachment had been supported were sustained
9uesuons woud arise out OF the Of deep and lasting
His duty on the occasion twas exceed
ngiy simple one; 1t was within prescribed limits; and
10 these he should confns himself.
mad to state the grounds Q. defence on which the
respondent relied with the evidence TO support Thai de,
fence The Transaction which had probuc.d mi, i'm
Pesehnent could be told in very few words The
rep'ndent as Judge OF the District Curt of the Unit,
case OF very grea, importance and ad he induced 10
publish that opinion In the ne wspapers Of tba,
country. wa already in proof and would more full
ne shewn In evidence here the opiopion had
oe'n published net only at the quest Of the member.
OF the bar, but OF those persons who were in
frosted IN IN. case one OF the Counsel concerned In
" hah thought proper afterwards to publish anonv-
mous'y. under the sisna'urs Of Z" A Cniz.u" no, "
ar criie'm upon it, but bare ration Of what
he termed the OF the Court some of lie prjpci
pal errors in fact and In doctrine some OF the as,nmn
'ions Of The Judge. without assigning any 10
sustain the charge. This publication, to the mind Of
The respondent. appeared TO be gross and paInobIs
misrepresentation OF his opinion, calculated to bring his
court into dsrespec'; and he proceeded to attach and
punish Its author for the coutemp'. After patient
nearing o, two three days after giving 10. tba
Counsrl OF the author every opportunity to defend him
ann 70 MIN every opportunity purge himself of ali in
enonAi diresPect TO the COur; after the peremptorv
'eu'ai oil Mr. Lawless 10 the interrog atorjer
propounded to him. and his reaseron Of the truth NJ
his publication, Judge Peck had sentence him 10 ,v.n
yiour hours' Imprisonment Mt, and 10 sion f,o,
Pracuce In MS court eighteen months For this the
respondent had been charged with high msdeme AM
OF, and with the wiltul and malicious exercise of an
arbitrary and oppressive judicial power. Mr. Mere.
dith then proceeded to- state the facts and hv
which The respondent would be able to establish the
Posops' mat contempt had been committed BY Mr.
Lawiess that the Court possessed legal warrant "a
punish him TOR the contempt; and that, If not The
'udge was ptuenc-d In the case by senso of Off iai
ounsauoh q cu'y and not by the wul, malicious and
u"ay motive and intention imputed him in the ar
tice OF impe chment. "
ne gave history and character of the land claims.
ava tue Transactions out of which this mpe achme N, had
gown; the arduous and pelous difficulties hch the
respondent had to encounter in the exercise Of his u
risdlcon over the alleged conct sions claimed unSa,
me spanish authorities, and the frauds IN ana
apprehended, against which he had 10 euatd H. de-
scr'bed the case of Soula7d which had led to this i'm
Peachment, as select and test cause, aud raid that n
required no prophetic spirit in the Judge TO for the
cssansidction which adverse ion VIC ud produce
In all the claimants. 1t would extipgujsb their hopea
~ ,ong as me decision remained unexpected, tho
C"urt unchecked. Accordingly, general dis.ati, fac
uon and dismay on the part of suors did eu.ue The
Judge postponed the enrolment of his decree in The
case to enabie Mr. Lawless and his associate counsel
tn rnis,
them The Judge published his opinion. The motives
LOT It's publication were summed in his answer TO the
charge In tho article Of impe achmeLt He perceived
bat sueh publications were usual both in Eng land and
America, and saw no mpropriety 10 the practice On
me contrary the branch of law involved in the case
was news rs eronni had not been fully argued AT the
bar, and 1t was proper that they should be fully opened
os the deiherst. considera ton of COUNSEL IL wa, rirh,
that their clients should the reasoning Of the Court
on the subject and ii satisfactory that they should be
saved IRON any further expense Ii was proper
That they should that the Court had mn, bas
and inconsideratefy assumed the principles uvou
winch the opinion was founded, but that had eopsc
entiously, upon iacs AMI arguments which IL could
not re's rome to its conclusion in the Upon these
reasons, the respondent confidently relied for the fusu
hcaton oil the publication OF his opinion Eight DAYS
AFTER 1t was followed by the publication of A Citi-
zen, IN another newspaper. In this, the respondent
saw gross ana palPabe misrepresentation calculated
10 ong rdicule and contempt upon the Court TO pro.
woke the resentment Of the claimants toward, tho
Judge and to break down the Court by the force Of pub
lie opinion. Was the respondent justified Ia these
apprehensions Notwithstanding the gloss PUT upon
the subject, by the comparison which the honorable
manager tMr. McDufie] had Instituted between tbe
opinion OF tho Judge, and the publication of AR
Lawless, the respondent relied upon candid exsmi-
nation and comparison by this honorable Court.
lie would be able to shew, by gentlemen familiar
WIN the case, that he was by means singular I'm
sttribuing misrepresentation to the publication OF !" A
Citizen" Men OF Intelligence, LAWYERS Acquainted
with all the facts and doctrines of the case hooking
with single eye, TO see whether
was to be found in the publication or not would es
taohsn the TACT These same witnesses would show
the ehectof this misrepresentation. If Mr. Lavle,s's
publication could be considered accurate
ton oil the conclusions to which the Court had come In
'ha case mey were so preposerous, SO absurd, that
nothing out ignorance ignorance amounting TO dio-
cy nothing but downright corruption could have infu-
ehced the Judge The effect Of the
mad been TO destroy confidence In the Court The dis
appointment OF the claimants converted into hos.
NY the judges and great had been the distrust and
dissatisfaction that memorials sent to Congress-
the object OF which deprive the Court of its In
risdcton over the claims and to transfer 1t to snothsy
tribunal
II, therefore, the respondent saw OF this honorabIc
court should believe that he thougbt ba
evil design In the author Of the pubIieatioo
at course would they say LETT him TO pursue !
Painful az was, there but one course for him IN
take and that was 10 guard the sacred trust committed
70 ms charge, and to punish the contempt no had
punished IT. In this, Mr.. Meredith commended, that
he respondent had been justified by innemoal usage;
by the inherent power OF the courts; by power which
although sometimes questioned had remained untoueb.
ed IN every political struggle that had taken place.
untouchedn every Constitution that had been sdop,ed
in the country. u justified by American nrs..
yer adorned the bench. II would be shown in A..
time that the power had beeo exerei.o5 a., IN a.