Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-26

b then went into detailed statement of the impeach.
ment OF these two judges, to sustain the view he had
decisions to the legal doctrines which he had laid
Judge Pickering district Judge Of the United States
for The State oil New Hampshire, impeached for
acts OF fagrant illSgality, aud which, in truth im-
piled great wckedncss: the articles of Impeachment
charged wicked ond corrupt intentions; yet it was
proved that he incapable in law and in fact of
wickedness corruption for he was utterly insane
both at the time of committing the acts, aud at the
time lac was tfied for them and could not, and did not
appear before the Senate To- make auy defence His
unfortunate condition both proved aud admitted
aud the Senate moved by counsel To the
ngs against HIM. and To rem,t postpone the trial. but
the senate took the clear distinction between proceed
ins which could only go removal from office, and
disqualification for holding Office, aud prosecution
which might involve criminal punishment and they pro-
ceedrd with The trial. heard the evidence found the e
gal acts 10 have been committed, and pronounced the
sentence which the good OF the community required and
which the unfortunate Judge proper subject
ceiye that of removal from office. They did not add
sentence of disqualification holding f are Offices for
he might recover his understanding, and again becoiue
useiui citizen The Senate limited itself To
which tic good of the community demanded and which
was applicable to misfortune and to crminality which
suited TO the OF the judge without re rd TO the
absence of intentions.
The case of Judge Chase was a case of different
KIND to prove the same point twas of various
arcles some with, without the averment of cri-
inina intentions. Judge Chase was impeachcd upon
eight arcles five of them charged corrupt and wicked
intentions; three charged no intentions at all being who'll
silent on The question of motives and merely alleging
the commission of the acts and the violation of the law
The three articles thus silent the question OF motives
were distinct and substantive charges i'm themselves;
not variations of the charge in other articles
containing new and distinct charges; and therefore to
stand or la upon their own merits without being helped
out by reference TO the charges in another form i'm
another part OF the proceedings They were the articles
lst 4th and 9TH Mr. b. would state Them
or, the least sdoubt remained the mind of any
after seeing the of Judge p the of three
articles in the impeachment of Judge c., would entire.
y remove and dispe that doubt The first of these aiti
ces which number in the impeachment relates Ia
the trial of Fries Philadelphia aud charges the Jude
with three specific instances of in conducti5o
that trial. and concluded them with the allegation tat
meg oere dangerous To iberes, and uioiatioa of
Iatc and justice but without the slightest reference 10
The quo ofthe Judge state of mind i'm which
the acts were done. The article is wholly silent with
respect to his Intentions The fourth article contains
iour specifications OF misconduct all charged TO have oc
CURED on the trial of Calender i'll Richmond Virginia
and alleged them to be "suJuorsire of stice" and is
graceful TO The character Of judge but they were
wholly silent as TO the intentions of the Judge and
leit the qnO amino with which he did the acts entirely
out oil the record The fifth article charged specific
and single violation of law in ordering the arrest of
Calender upon odPidS, instead of directing him to be
called In upon summons, but without impuling any
o'e OF intention Whatever, good or bad, TO the Judge
tor preierring the capias The summons The ONLY
averment U.s. shat Calender icas arrested and committed
TO close custody contrary to c in hat case made and
Prooded Such were the three articles which charged
violations of law upon Judge Chase without imputIny
CRIMINAL intentions or corrupt motives to him; and upon
when the Judge was fully tried and made as ample
defence both upon the law and the facts as he did inon
the five other articles which contained the ordinary
hens Oh wicked ana corrupt intentions. Neither the
learned Judge himself, nor any of his numerous and
eminent COUNSEL made the least distinction between the
articles winch charged, and the articles which did not
charge, corrupt Intentions. They went TO trial nnon tho
whole alike put IN no demurrers, made no motions In
quas reserved points, but defended the whole upon
me law and the facts of each separate charge This
SIR, should exterminale doubt and silence cayl II
should put an end TO all idea OF getting out of the em
ma in which the Senate placed by enlrcnchne them
selves now behind the innocency of President Jacksons
intentions.
Mr. b. continued. Thus far Mr. President. have
argued this point upon principles law reason sun
Por'eu Dy precedents drawn from history and
trust nave iuy established my first proposition namely
that the offence charged upon President Jackson was an
Inpcachable offence, and that high crime though il
wouiu DC suncent Tor my argument that charged cou-
uuct amounting To misdemeanor only; and ntly
That the conduct of the Senate proceeding against him
without the forms OF an impeachment, illegal rrcgu-
lar, and unconstitutional, and suby OF The (nIa
mental principles of law and Justice. But although NV
case may be made OUT and my proposition established
yet my magazine of argument is not exhausted and /
su nave ia reserve most potential argument be used
IN TINS case. 1t is the argument of authority and IS
drawn from the legislative history of one of the States of
inns unon-the State OF Kentucky; and brief introduce
tory narrative may be necessary devcIope s origin
ana to elucidae It's application
. IL Is matter of history, Mr.. President, that some
iorty years Judge OF the Court of Appeals in en-
lucky had the misfortune 10 be pensonef on the Spanish
crown, and held secret correspondence with The Co.
vernors General of Louisiana for the separatnn of m
western from the Atlantic States. legislative maui.
ry established these facts aud the unhappy JUDGE avoid
cd the stroke OF justice by retiring from the Judgment
Tue same inquiry implicated another in
kentucky, not OF the State Courts but of the Federal
Judiciary and ut succeeding session of the General
Assembly, member of that body, Humphrey Marshall
ESQ., introduced resolution cUudcmning the conduct o
that Federal Judge recommending an inquiry TO be
instituted INTO 1t by the House of REPRESENTATIVES. of
Inc Congress of the United States This PROCEEDING
was resisted by distinguished members of the Kentucky
Legislature; and another resolution brought in ut
efy rcpro5aung the motion OF Mr. Marshall aud sev-e.
~ condcmning the attempt to procure from legislative
Dody the expression OF opinion upon the guilt or in
nocence OF an officer who subject 10 impeachmenl
before the Senate of the United States After eyera
days discussions says the historian, the following reso
luton was offered by MIR. Clay:
HheTtds The General Assembly ;he last session order
transcripts o the evidence taken before apr onted to
mo We conduct OF benjamin Sebastiau
TO the President Of the United States Senators and re
nom inc states 70 Congress- add as the As
the Congress OF the United States among duties * that of
lated Tho Constitution tho Union nod whereas b
legitimate objects which call the Of the ieg.are
,ho wisdom and time without engaging pursuit of Others
the public treasure, and tho Line OF the representa-
sphere OF their duty aud nasnue expression an opinion
BY the General Assembly upon guilt OF innocence of % n
ESQ., ~ relation cortain charges against him would 10
preudicaon OF his casef in way, fix an oebo
ss9 upon tue character OF the Judge, without trial
or judicial pfoeeedng aud IL in the might and pro
iigs ana inli investigation into those ehaigos; thercoe
~ ne General fsssHbiy, That u Improper them
prescribe TO Congress any body in
falsrh0od. f 'f '' ''"'' VI
Resolved That Constitution and Laws of tho land seeor
al whether by impeachment example of
legislative body before tho commencement any prosecution OK
would tend to sGbveft the Fundamental principles JUS
Mg President, seize with confidence and appropriate
without abatement 10 the present OCCASION every word
mat Is contained III this resoluon with the remark lat
inc severe repfobatiOn which il expresses is many Ten
thousand times applicable To tic Senate Of the
United States for its conduct towards President ock
son, than 10 the Kentucky Legislature for its orooosed
'ohduct towards Judge INNS In that the Ken