Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-04-25

in subversion OF the rights OF the accused-snd the re.
cord oil which ought to be expunged from the Journal VI
the Senate.
Mr.. Is. said, the selection Of a tribunal for the Trial of
imPeachtnenis was felt, by the Convention which ttamed
The Constitution, as ore OF the most delicate and difficult,
tssks which they had TO perform. Those great men were
well read in history, both ancient and modera. and knew
that the impeaching power-thc usual mode Tor trying po.
liicai men Tor political oiienccs-wss often an engine Tor
The graiihcahon OF iacuous and ambitious feelings. An i'm.
peschmentw Was well known 10 be the heateu road for run.
mig down a hated or successful political rival. After great
BUREAUCRATIC weighing all HE tribunals. even that
oil the Supreme Cour,-tie Senate of the United States
was hNed upon as the body which, from lis constitution,
would oe the ,aost impartial, neutral, and eQriiabie, that
eou'd De selected; ami with the check Of n previous in.
QUESTION, aud fresenimcnt OF charges 10y the House OF Re.
presen'aiives, would be The safest tribunal 10 which, could
'e Sohhueu q power so great IN iiseI, aud so susceptible o!
being abused. The Senate was selected; aud to show
that he had not over stated the difficulties of the Couven.
ton, in making the selection, he would take leave In ,.,d
a passage from a work which was canonicsl OH this sub
jeci. aud from m article in Ina, work which was written
by The gentleman whose authority would have most weight
on 'nis occasion. He spoke oil the Federalist.' and of the
article written by Gen. II s,nii,on on the impe chino ,owe
"eh'co">'i'u,ed court Tor the trial OF impeach-
menus Is an OBJECT no, more 10 be desired than difficult TO
we oo'a neo, IN a government Sholly elective. The sub.
Jec's OF lis jurisdiction ale those offences which prorp.d
from me misconduct oil public meu; or, in O her wo,ds
ron" '"e abuse or violation 1t some public trust. They
are u a nature which may, with peculiar prop,iety. be
dehondnated POLITICAL, as they relate chiefly 10 in.
Jnr'es done immediaely 10 the society itself. The pro.
secu'ion oil Them, Tor this reason, will seldom fail TO agi.
,ae 'he Iss'icns oil the whole community, aud to divide
u into parties, mere or less friendly or iniuicaI TO IN.
accused. In many casesi IL will connect itself with IN.
Pre'eNishng iac''cns, and will enlist all their auin osi,ies.
pdr'iali'ies, Influence, aud interests, on one side or on
III othei; ard. In such cases, there will ALWAYS he the
greatest 'a'g'r that the decision will he regulated more
oy Tie comparative IL cngth OF parties, than by tie real
demors,i atoms OF innocence or guilt. The deiicacy and.
magnitude OF a trust which so deeply concerns the poi,i-
cat reputation and existence of every man Engaged in the
administration Of public .hairs, speak Tor themselves. The
u'ihcuity OF placing il rightly in Government, resting EN-.
we'y o." HE basis o! periodical elections will az reality
DE perceived, when it is considered hat Tho most con nj.
cuous charactersi in IL. VIII. from that circumstance. be too
often The leaders or The tools of the mos, cunning or the
most nuneI Gus faction; and, on this account, can hardly
he expected To possess the requisite neutrality towanis
those " tose condHci may be subject OF scrutiny.
1.-The division OF the powers OF Impeachment b.,ween
The two branches of the Legislature, assigning TO omc The
night OF accusing, TO the other the right OF irving. avoids
'he Inconvenience OF making the same persons both sc.
euseis smn Judges AMI guards against the danger oil per
ofthose branches" ''"''
MIR f' SAID there was much matter for calculation of
Tue present object OF discussion in the extract which bn
had read. Its definition o, an impeachabIe Offence cover.
cd the identical charge which was contained iu the rsso.
u'o" "u1p'ed oy The Senate agains the President. The
offence charged upon hin possessed every tea,ure or tho
impeachment deiued by General Hamilton. Ii i,nnn,.s
misconduct 70 a public man, for the abuse and violation of
a puoIic trust. The discussion OF the charge has ayi,a az
,e passions OF The whole community; il has divided the
People into parties, some friendly, sonsc inimical. n ,bs
"eT"se', II mas connected itseii with pre-existing par lies,
e''"s'ihS the whole ot the opposition atties under one
banner, aud calling forth all their arinnosiiies-al ,hsir
par'iaiiiies = all their iuauence-a!l their int.re.r and
what was not ioreseen by General Hamilton, il has
Called forth the tremendous none ,ed power. and ,s
perv"d'ng organization u; u great moncyed power wie,d.
,Mg a mass OF forty millions OF money, aud six v mil.
Mons OF debt; welding the whole in aid and sun.
lo'" ms charge upon the President, and WORK.
ing The double battery OF seduction on one hand and ON
p'e's,oh on ihe other, 10 put down the man agains, whom
u IL directed. THIS Is what General Hamilton did uo,
ioresee; but the next feature in the picture he lid fo"a
see, anu most accurately describe, as il is NV "a, H.,
US all. He said, that The decision of these i,ne ,c,nan
wo"io oien be regulated more by the conparaiv.
strength OF parties than by the guilt or iunocrnce of
we scrnse"' Glow prophetic. iook 10 the memorials,
,tsoluhons, md petitions, sen, in here TO criminate III.
President: so clearly mark, d by a party line. tia, 49,
an exception occurs, i; is made the special su,i.c, NJ
puo"I remark. Look at The vote in the Senate, upon
me adoption OF The resolutions; also as clearly def ned hy
10 be. 'e eNPee'c"
To guard the most conspicuous characters from, ,a;,n
persecu'ed-(Mr. b. said he vas using The lansuag. ~
General Hamilton)- to guard The most consu cuous cha.
rae'ers from being prosecuted by the leaders, or the TOOL,
OF Tie most cunning, or the most numerous faction. The
No"Ne"No" n"u placed the power oil trying mpeaclmenis,
nor ~ me Supreme Court, NOT even in d body of select
ynoges, chose" Tor the OCCASION, but in the Senate of the
united STATES, and not even in them without an iuterven.
ing check to The abuse Of thu, power, by associ,,ing Tho
louse OF Nepfesenla ives, and %forbidding the Senate 10
proceed against any officer until that grand inou,s, of IN.
nation should demand his trial. How far ior,una,. -,
Otherwise the Convention may have been in the selec.
n"" o. ~ 'i,""ai Tor the trial oil impeachmen,s, ii was
moi LOT MIN (N'F. Is To say. IL was not for him TO saw
how lar the requisite neutrality toucards those ,cho,s
conduct may be tmder scrutiny, NAV he foupd y RS
oeen ion"d' IN Tins body. Eui lie must take leave to saw,
That, u a public man may he virtually impeached. ac,u.I.
Iv condemned by the Senate OF an Improbable offence
without the Intervention OF The House of Representative
ihen has The Constitution Jailed at one of it, mos, vital
points, and a ready means found for doing "a thing which
hai hiled other countries with persecution, faction and vic.
iencc, and which il, was inte nded should never be done
here.
MIR. Il. called upon the Senate 10 recolIect what w
,ne feature III the lannon's cour, OF the SrAR CHAM
Drh, when rendered that court the most ,dious that
ever sat IN England. II was not The mass Of its enorni.
as they were-fur the regular tribunals which |
yet existed, exceeded that court, both in the mass and in
me S''ocity Ct their crimes and expressions. The rrgu.
lar courts, in the compass OF a single reign, that of James
'he Second' a single Judge, in single Riding JefEIes
on 'he western Circuit surpassed all the enorpiri.s Of
ttc STAR Chamber, III he whole course OF its existence.
"hst, t.eu' rcnietrd that court % iniolet ably odions Ia
me tnEIish People! Sir, sail Mr.. b., il was because
that court had no graod jury-because il projected with.
out presehtment, without INSTRUMENTATION information
aIohe-ahu mus got 81 its victims without The iDirrven-
uon, WITHOUT me restraint, OF an accusing body. This is
the feature which sunk the Star Chamber in EngI,nd -
IL Is the feature which 10 criminal tribunal in this Anne.
rica s. allowed to possess. The most incon .iderabIe offend.
er, III any State OF The Union, must be charged by a grand
jury, before lie can be tried by the court. In this Senate.
SUING as \ high Court Of Impeachment. a charge must
hrs, he presented by the House OF Representatives. sitting
me grand inquest OF the nation. But, if the Senate can
without the Intervention OF This Grand Iroues, |
Is 1t TO differ rom the Star Chamber, except in
Tue mere execution Of its DEGREES? And what other sx.
ecu'ion is now required for delinquent public men. than
tie force OF public opinion , No, said Mir. b.. ~ live in
an age when public opinion over pubic men. il onnipo.
ana iHeversiblc! When public sentirscnt annihilates
a pu5hr man more etfectually than tie scafIold. To this
ana oniuipotent tribunal, an The public men OF Enrope
ana America are now happily subiect. The fat of pulic
has superseded lie axe OF The exrcuiiouer. Struck
oy mat opi"ion, X ngs and Empe rors iu Europe. and the
highest tiuciionSTies among ourselves. CsI powe,I.s. f,or,
'he poiiiedi Stage, and wander, while their bodies live.
shadows ana rhantoms over The land. Should he give