Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-08-08

IOTIy cOning he lords hich
we're inserted IN the resolution especially as altered and
altered for tie third time in tie OF the Senate and
The last hour Of the debate.
lie must be TO believe ain
e OMISSION 10 charge criminal nteRt aud especially is
careful ami studied OMISSION, operated nothing in favor of
The SeDa but the contrary. The ave rfnen hosb not
III the resolution, in word nevertheless tneciusy
there by npraiCr; and, what iD i,ey more il was
evidently in the hearts and notorouy in The eeches
OF all the members who supported the resolution The
charge was, therefore, in the bosons Of the judges; il
was IN Their pleadngs; was promulgated their
es even IN all thosa delivered the distress memorials
as wei as on the formal resolution Even now within
ms hcus in he bearing OF all present the last speaker
the side OF the Senate (ar Webstc) openly said that
PRESIDENT Jaokson conduct IN assuming and sanctioning
Mr. ianeys appointment OF saaried OH supern-
tend The deIosi'e banks-(chch appointment mr. Ia
neg neper made y that such conduct of a President, in
me line OF WAsHrNGroN and JEFFERSON, could not
nave passed week before IL became the foundation Tor
an Impeachment. After this, What merit there be
in saying that evil intentions are not charged on the re-
core! The injury TO the President is the same; whether
III lie record or nos Tor being man Of sound mind he
Is presumed TO act with intentions and 10 violate TIE law
ahd the Constitution with bad mentions if he violates
mem az an Having sworn support them, The breach OF
the oath involves pejury To the Senate the
Is the same whether he evil intention retained i'm the
heart spread upon the record proclaimed in the sueecbs
OF the Senators: in either they pass upon the guI,
anu innocence Of the accused become disousified
upon every principle OF honor aud deceney office of
judge in the event that regular Impeachment Tor the
same offence, should afterwards be preferred Surely
those Senators who have thus Spoken and thus mpugned
the motives Of the President can never be impsIiial
Judges though their recorded opinion upon the passage
OF the resolution, is limited to The fact of violated law and
daily delivered he floor OF the Senate widely difused
over the country in pamphlets and newspapers pressed in
10 e hands oil all readers, and stuck up avetns steam
Uu' ana oaDeIs shop', 10 rouse the People ans tie
President and TO render him odious-reiyny upon The
Peeehes mus pressed INTO notice, relee with every
lent cpithct, cranmed with every oiious comparson
Cesar Nero, Calgula Crow ell Buonararre aud the in
aiud'ed Siuars-and referring every lawyers know
e'ge That ihe law presumes the had intention for every
illegal act lac, Mr.. b., would go further for evidence
TO prove his hrt issue that the Senaies defence was not
true ia point Of fact.
But lie take, and 10 maintain s,.n1
upon The second issue, hat tie omission of the avernent
81 me criminal intent was not material in point OF law;
hat the resolution the same without the averm.n,
as with ~ and that the nfracon the Constitution the
wrong TO The Presidents the subveron all the rights of
the accused the invasion OF the privileges Of The House
oil Representatives, aud The misconduct OF The Senate
were just as complete and fragrant in the adoption
oil The resolu'on finally modified and passed as il
woou nave oeen passed in the form it FIRST wore or il
stuffed ANA dended with all the iau,oogous avermens of
JJ IN NV anu corrupt moives-"'noUed and
u"oea oy He iIsnSGfon ~ the decH, and not hapine
The Je0r IF God 6/0re his eyes which are Co be found
!" me 6aek letter editions OF common law indictments
bnehy recapiiuaIng what had be- n said by other So
naors opposed 10 the resolution especially by his ol
iiend from Tennessee, ('Ir. Grundy,j whose skill as
criminal lawyer he had been ay,os ed IN zee aIJd
IN quesuor ;-biitny advertng TO Tie high and clear
ground taken by these Senators, first thai the criminal
intent always presumed by The law when hs I'LL
ac proved and secondly that the Senaes resolution
was not an Indictment but. Judgment the prefer
.eh' nnt Tie conclusion oil an impeachmen,-and that
gudF mems never Ieciied intentions ounds which Mr.
h undertook to affirm entirely upset the defence of tho
Senate lea' ing all hese solid considerations where hers
m he
.o d lie" reason Tor The immaterdiity OF criminal
avefmen's III prosecutions OF impeachment And upon
mrs new ground would strip the Senaies defence of The
'"s' "sguse, anu leave their resolution ready for the
sponge OF obleraton and ripe Tor the knife of expu,ga
on Tie moment The representation in the Senate should
be brought in'o harmony AMI concord with tie feel
ings and Sentme MS OF the People.
, Entering upon The examination of this new point Mr.
~ uslcaied The attention the Senate TO the nature nj
an lnpeah ment under the Constitution OF the U States
ard whereas differed from Impeachment in EnoIaoJ,
~iie iinpeachpents in both countries essentially differed
SAID was marked aud essential, and exercised dscdS
Influence over The vs. hole proceeding I'm d. IT ueu
the sentence upon conviction
W removal from Office, and Tor botn
future ohce wi an express liability person thus RE
moved and disqualified 10 prosecution upon Indictment
and Judh meat aud punishment upon that indictment Tor
The same offence, according to the law the land in Inc
same manner as II no impeachment had taken place =
nus .e eject oil conviction upon impe achment in
The u States was purely preventive TO prevent
iuther crlne,o prevent The pc son from ariin
Iohg I'D station ~ which his actions were hur IN
The communiiy while punishment il any, was lelt IN
'w rom The ordinary tribunals, and where he trial bv
u'y was safeguard the ile and liberty and nrone
ty OF tie Innocent In the eye OF the American Cans,
uon there is no punishment following for
removal from Office is regarded az punishment ,.b;c
must fellow from the indictment necessary and he aus,
peialded 10 the removal aud dsquahca,on which coud
not be, il The al.from Office either in or H. 49,,
was punishment; for no be punished for n a
same offence. la England the conrarv lie sentenc
o" conviction under impeachment extends legal and ac
tDal punishment, TO punishment person. and In nronery.
Tor The party may be both fined and Imprisoned On dict
mens as every body knows, both in EN- gland and America
"'Jt,' puntshment--ptf-
nshaent in ile limb, person, or property: and ,rs
vonvc justice is only incident resulting from conyc
lion Tor crimes which presumes much depravitv IN
admit OF further trust, confidence in the offeudey
whenever, ibcD, punishment would follow conviciion
whether on indictment or observation-disclosures The
NE or iWb oil lie patty was To be hi.
bohy might be cast into prison. bis property aken hv
hne or forfeiture IN every such case The o,to anime liz
Stale OF the mind The criminal inenf was of the esenco
OF Tie offence, and must be duly averTed and fully ,rovd
o. clearly incbe from lie of the act done. bni
w Tie case CT impeachment under the Constitution o te
Ohied STATES, where the could intend no ftsr
ha merely TO prevent the party from using his power 10 do
'rher mischief aving him subject future Indictment
then TIE intent Of tie party, whether good or bad ceah
or wicked, became wholly mmaeIia not necessary IN be
alleged nor requiring 10 be proved, or 10 he Inferred
" he allegation should chance 10 be made Every aver
men relative TO The intention would be surplusSee for
the mischief 10 the public The same whether notIc
iuneuonsry should violate tho law from weaknpss or
"ickedress rom lgy rom design. In either case the
injury TO the community e same The un6tocss 81
the fafty 10 remain in Office WIS tho same the induce
Weh TO remove him The same snj, in both eases the re-
tnnYal would be Ell ced by impeachment. the corn,,
MY would lie protected Rom further injury bv The son
icncc under Impeachment aud tie offending paffv II do
serving punishment would be tuned over TO The ordinsr
tribunals aud TO all The chnc0iiies and iormaliiies Of =
jury tiia upon indictment, to receive that punishment
Young tie United States were Mr. g. said bdsf
and scany their history, and pecaly their criminal
history, yet was Sill e history OF these states already
afforded ample illustrations Of lhe truth Of tho positions
Hhich he had taken relative 10 impeachmenis under the
CONSTITUTION Of tie Union Il afforded EXAMPLES Of too
mreachuens tried before The Senate in one of which
Were could be 40 corrupt wicked Intention the par