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

Constitution, and by consequence ,""t t Sc na-;r-y
n h; nnscc ,re,c;.:y l., his trust. mischief 10
the people, and destruction TO TIA. wh'c" hG ""s '"
10 ,r.serv, ,.,,,.. ana, defend. Can snch lnneS De,
and NOT nnIr cri thai high crime l"r WHICH mol only
np,,chmro ljs u.Icr Constitution, tu indictment
and pun. h,rm AIS, at cn. an law Surely lir point -
too plain tr argument and "ust b permitted TO repeat
that cannot hJGrr To my 'Gilas'i any llIh| -"
strange and wonderful that gentlemen VIII" pushed ''
condemnation Of President jackson with such iu'j III
1854 should now deprive themselves al all J"S'!I''.
for what they then did by special pleading n"h . 49,,
blty of the accusation which they themselves ,,I had
aud pointing to the careful omission OF l'p i'm.
motive, declare that his intentions "S',,,,.urrs
pugned and defend themselves iIom 'n' cn,rruchiuu
of pronouncng MIN criminal the" y r., from, II
themselves bel nd his un1ccncy noe: ici ,,-.
The Justification Of gentlemen tor Wn', . If ,ber
tate the country rests upon the c'Sc 49,, I,,.s. and
belief that the President was ID fea' :, h; -, H.. md
d,ng,,ous cri,ou, which they describFa nun 10 De; ana
the moment they gave up thlIole n '' ''' az
init that nnocency Of motive, WITHOUT "ic' cI'''c Gall
not e,is,-that moment they condemn themselves, ana
I;, 49,, ,.v were tGctous agllatorS, unjust judges
and rIan,ls prosecutors OF al Innocent man. Instead
C ,hie tbey and should now act together, both main
tainnr .ha; hig; crime was charged upon tie pres-
dent But as have conferred with gentlemen and do
no, know upon which horn Of this die.ia they prefer
to hang themselves, must proceed in my own wAy and
nuke out my case upon It's own strength without
reference to their weakness
The great position which take is, that an nPeacha
BILE offence has been charged upon the President aud that
he has been adjudyed guilty OF that offence, without the
forms OF an impeachment and without The benchts OF
trial.
Suppose gentlemen undertake TO arrest Inc at the
threshold and say, did mpugn his motives; We
did not attribute bad Intentions we merely Charged the
fact. ..
10 this answer:
j. If there was no allegation, there no denial OF
bad motive; and the charge OF the crime luprS Inc
wicked intent
= That the speeches of gentlemen supplied what the
form Of their charge omitted and that the npuatIo
withheld from the record, proclaimed from the
mouth, and Incorporated into every speech:
. That the criminal nvermcnt, . dangerous to the H.
jeytieS Of Tie people, inserted IN the hTSt and re-
tanned in the second form of the cargc and only drop
ped from the third and last form after having been
pe&ediy pointed out, and fully relied showing the
criminal and impcachabe character of the accusations
4. That no Legislative made Of the conden-
natcry resolve after passed. and that such use
could then, be made of IT. because, in It's
nature it is criminal accusation, and presents case,
not for legislation but for punishment:
5. The gentlemen in the opposition drew the charge
themselves ana altered it themselves and may have lad
reason not yet explained, for emitting those npua-
tuns of crninullt in the record which were pFouse-
ly and conspicuous used in tllrlt speeches:
b. That even regular and i"rGia impeachment re-
qnres no allegation Ut corrupt motive:
I. That the offence being stated in Hle article Of I'M
pcachment, the conviction will be valid; and the only
sentence known under our Constitution w!l be pro-
ncunced without reference to the quo arttto:
g. That this is not Of regular impeachment bat
OF irregular condemnation without impeachment, and
frame impeachment in FORM and send II to lis nr trial
il is precisely the preliminary resolution, the general
charge without specification and technical avrEmrnts
which is the Incl ien scp and opening process to the pre-
ternent of impeachment III form II IS The initiative
to iuIpeachment So the books. Listen 10 Jefferson
in his Manual of Parliamentary practice, drawn up by
him for especial guidance and p!cdby ourselves Tor
convenient ana constant reference Tie says: INC
general is pass reSOoa containing ermiHi
c..4rgc against tie E.ppO$cd Delinquent nnh Lhtn 10 al
req member to impeach Kim by OruL accusation Il: tie
tar Of The House g L9rdS" This is the way 10 begin an
impeachment in tGc ilucsc Of Representatives, aMd tins
Is the precise in which began it III tie Sc
nate. We passed the resolution the book Directs and
passed Il with the criminal charge in it. We began
the impeachment regularly, bat began II III the
wrong place. and our proceedings ended where those OF
tile House oil representatives begin; ended with tic
adoption OF genera! resolution, continuing crlmi.
nal charge against the supposed delinquent
These Sr.S answers hold to be sufficient, hlr. Pre-
sdrnt, to aside any defence which could be boumcd
on the omission, accidental csgncd OF formal
ments OF bad motives " L. srnr,ice pronounced against
the President They show that the mieacha5!e nature
CT s SatE S very &c! ftSa y n s emission on the
grava!e the conduct o the Senate b. showing extrn-
sion of The noncoattal policy to the high and sacred
functions OF Senators and Judges, and exhibiting sub
tie continuance for condcning the victim without
uniting the judges They show that this is
tor Common law avcrmeTtS-not far setting out
with legal vcrbpSy that the aforesaid Aad-cw Jackson
yeean, not having the fear OF God before his eyes, bni
being moved AMI seducc by the instigaton OF The devil
lie nrst dismissed Mr.. Duane from treasury;
alter that, appointed Mr. fancy to the Treasury; and
after that he took upon himself the responsibility Of re-
moving the dcposiI,S and finally lie performed certain
late proceeding IN relation 10 Tie public revenue. All
this though cmncnly picturesque, and even quite dra
matte in common law indictment, happens to have no
place in gu impeachment; and nil ht safely rest my
case where 1t now stands; hut | choose 10 20 fur
thcr TO rise higher and place my upon letter
and aober grounds take the position, that the i'm.
parchment Of magistrate differs from the indictment Of
citizen and that magistrate may be mpeached under
our constitution tried convicted and subjected every
penalty known 10 impeachment, not only without the
allegation of bad motives, tu, without fact of such en-
tons the possibility Of possessing intentions Of
anv kind. either u'.d ar bad. And ::c. snow what
the Judgment impeachment is and for that purpose
refer 10 article |, section ), Of the Constitution:
Impeachment, shall eIss"d t,1r tas
honor trust cr yrs nndsr he Cd Sa bat s ;a eanrirtG
1scOrd!hg ~ iar."
Upon this provision in the Constitution, / have to re-
mark that impeachment lies against nobody but oli-
Ger, and, in It's ud gnrut official and not personal 1t
arcs the officer, not the The object OF The Judy
ment is preventive, not penal justice 1t IS not punish
Eent for past offences, but prevention OF future mSco
duct, THAT Is intended Removal from office and disua
fcation TO hold Office is the ultimate penalty which cain
be inflicted under il. If the offence tor which the in
peachlncut made should amount a crime at com.
law, by statute then criminal trial might! cmsuc,
and the punishment provided by law for that offence,
might be inflicted The difference between Indictment
and impeachment lies in the difference between proven.
tive and penal justice. The impeachment to prevent the
officer from doing further mischief the indictment is 20
punish the for the mischief he has done A
only be punished for crime, and wicked intention is
cesSary TO constitute crime; but the officer may be de-
prired OF his oce FOL acts not amounting TO crime for
want OF the corrupt lutcnon; Tor these acts he
detrimental TO the community and the welfare ii the
community May require that these should cease
whether they proceed from wicked heart, or Il weak
head, or even mistaken pncp pie al action. Hence
impeachment lies Tor the act, wlthou: regard 10 the
n,na intention; and indictment lies Tor the crime Of
which criminal intention is the and The ,ouc4-
stone. From this fair anal yss OF the impeachment prn-