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

B. then went into detailed stncmen, o, r;e he had
ment of these two Judges, to sustain ~. J ;ndic;a
h.rn taking and to apply historical iActs lnu I
decisions to the legal doctrines when .G n,eJ Stoe
Judge Pickering d,s H.muShire, was mpcuched for
acts Of daqrant ileguly, and whlc'' IN urueh, ii
I;L ,rr,t wickedness: the articles "' '''ie"ci,ehi
CHARGED wicked and corrupt '"tenuons ytt "Ss
er.sJ t,,o, he was incapable III law and III TACT OF
or corrupliun for he was utterly insane,
h",h at the tine Of committing the acts and at the
| . he was tried tor t!em and could not and did rot,
| Near before the Senate 10 make any defence. iiS
n:rtunatr condition both proved AMI Admitted,
aad Senate was moved by counsel 10 stop line proceed
im.s against ;nl. and 10 remit or postpone lie trIa i!
the Senate took The clear distinction between proceed.
in !ch could only 20 to removal from o.lce ana Il
disqualification for holding ullicr, and prosecution
which might involve criminal punishment; and they pro-
ceedyd with the trial. heard the evidence, Iound the ne
gal acts To have been committed, and proiJu;cf TIE
sentence which the rood ut the cuiuiy required, ana
which The unfortunate Judge proper subject To re-
crive; that Of removal from Office They DID not add
sentence Of disqualification 10! holding intHre "iceS '"F
he might his understanding anu again 'eco'nea
useful citizv The Senate limited itself 10 sentence
which the rood OF the community demanded, and winch
was applicable to misfortune and not tnc7lnnay which
was suited to the acts of the Judge, without regard to tie
! absence Of !ntrnliOnS ~
| The case of JuI rr Chase case Of different
kind TO prove the sail point 1t OF various
urtlcrs; some with, without the avcrnent o1 cri'
minal Intentions Judge Chase was impeacicd upon
cigh articles live of them Charged corrupt ana WICKED
intentions; three charged no int lIohs III all bes VINO"
" 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 on the question OF motives
were distinct and substantive charges IN themselves
variations of the charge IN other ARTICLES, out
containing new and distinct charges; and, therefore, 10
stad fall upon their merits, without being helped
by reference the charges in another form in
another part o the proceedings They were the articles
LIST, 4h, aud 5ll Sir. B. would state them particularly;
for, if the least soubt remained the mind of any one
after seeing the Of Judge p the tenor &C these three
articles III the impeachment u Judge T., would entire.
" rcul1ve and dispc that doubt The first OF these artl-
clcs which is number in the impeachment relates 10
the trial Of Fries at PhaLcp a and charges the Judge
with three specific instances OF misconduct III conducting
that trial; and concluded them with the allegation "hat
tcy dangerous IL liberties, and an 0totHtt0n f
inc and ascc but without the slightest reference To
the gno Of the Judge, or The state of mind in which
the acts were done. The article Is wholly silent with
respect 10 his intentions. The fourth article contains
four specifications OF misconduct all charged to have
CURED the trial Of Calender, i'll Richmond. Virginia
and alleged them 10 be SnbrCrSire Of Justice and dds
graceful to Tie character u Il judge; but they were
wholly silent us 10 the intentions of the Judge, and
left the guU GniO with which he did the acts entire
ont Of the record. The fifth article charged specific
and single vocation OF law, i'll ordering the arrest OF
Calender upon cdPaS, Instead ut directing him to be
called in upon summons, but without imputng any
motive intention whatever, good bad, to the Judge
Tor prrcrrng the capias To the summons. The only
avrrneut u.s. 'nt Caileudr arrested and committed
10 rOsc raSiody contrary to Gc in Mat case nude aRd
vr0rid,d. Such the three articles which charged
violations Of law upon Judge Chase, without npung
criminal intentions or corrupt motives to him; and upon
which the Judge fully tried, and made am pie 4
defence bot" upon the law and the facts, as he did upon
the live other articles which Contained the ordinary
urnts OF wicked and corrupt intentions. Neither the
learned judge himself any Of his numerous and
eminent counsel made the least distinction between tic
attlrrs which charged and the articles which did not
charge, corrupt intentions. They went 10 trial upon the
whole alike; put in dcmurrrrS, made motions
uulsl reserved points, but defended the whole upon
The law and the facts OF each separate charge. This,
sir, should cXlcrInnate duubt and silence cuv 1t
should pat end 10 all idea OF getting out Of the diem.
in which the Senate is placed by cnlrrnchng them
selves behind the inoccucy OF President Jackson
intentions
MIR. L. continued. Thus far, Mir President, have
argued this poln: upon principles utaw and reason, sup
ported BY presidents drawn from own history and
trust have fully established my first propositions namely,
that The offence charged upon President Jackson
lpcGciiahlc offence, and that high crime, thong ii
would be sufficient for my argument, that il charged
dacl amounting to lnSdcmcanor only; and consequently,
That the conduct vi the Senate, proceeding against i
without the forms OF an impeachment illegal, rI"gu-
lar and unconstitutional and subvcrsvc OF tie iundl
Iil i,t,m: .!=s Of lev aTd justice But although MY
case may be made OUT aud my proposition established
yet my magazine OF argument Is not exhausted, ana
in this case 1t is the argumcn, of au:llny. AID +:
drawn from the Legislative HISTORY of of TIC States
THIS union-lc State Of Kentucky; and r; introduce
narrative may he necessary dcrcuIc lis origin
and 10 clucidatr its application.
1t is matter Of history Mr. President. that some
forty years ago. Judge OF the Cnuil o Appeals in Ken
ncky, had the iSoriu to lie pciSlUHCI Spanish
crown, and held correspondence with the Co
vrrnUrS General o! LoulSiaa, Tor the separation OF the
Western from the Atlantic States. legislative inqui-
y established these facts and the unhappy Judge aYcI
cd the stroke u justice by retiring from the judTrra
scat The inquiry implicated another JUICE in
Kentucky, not OF Stale Courts but OF the federal
Judiciary; and at succeeding session OF the Gencai
Assembly, member OF that body. Humphrey MARSHALL
Esq, introduced resolution cOndcmnnT the conduct OF
that Federal Judge, and recommending inquiry 10 be
Instituted n2 it BY the House of Representatives ct
the Congress Of the United States. This proceeding
resisted by dStmg uiScd members Of the krntuck
Legislature and another resolution was brought III Ut
terry rrpro1ang The motion of Mr. Marshall and severe
j c"ndcning the attempt 10 procure from Legislative
body tie expression Of an opinion upon the guilt or in
n"ccncc o an officer who was subject 10 impeachment
u-lor" the Scale Of the United After several
day discussion, says the hstoran the following
luton was offered by MIR. Clay:
"Haas, Thc Assembly did, session. order
Transcripts tanci, before the appointed
c&auue no tie uc of JanIn Scbustiau be transmitted
President the Tinted ru,e and to the Senators uai Re-
proscn,uvc Congress ana presc,
scmby ha cuc confidence the general admns aal
The Cnlrd States, among
Gffanis The public officer, private citizen, who have vic
lated tho Constitution, l!r laws vi TIE AMI
legitimate objects which call iOT the aciin of the Legislature,
themselves sufficiently notan TIE OF all
their Wisdom and tm without engaging i'll pursuit OF c;icTs there
by CONSUMING the pubic Treasure" "d The time Of c representa-
Hc5 Of the c"c in investigating subjects strictly withn the
sphere OF their u,y an! mnsnuc the expression q" opinion
BY ;c General Assembly upon tho Innocence OF Harry
Esq N relation certain charges against him. would b.
i;ulrliiu
stigma iic Character ri the Juc, the OF trial,
.; acal r'"c%enn a !" Tie other Il" h' r'n1!a, AMI
'c"i ire" and ui investigation int" those charges, hacn",
Rc'Dirrdg tic Gr"cre .fSsenb, That improper
prescribe 20 Congress taken hUy,
10 Ia" said char Indicate ANY opinion upon their
f.iSr!iuUd
RtSV!r-d, That Law. Of the land sccnr.
imc each whether office, ui;i..
,r"l "ic'hrT ~ p acrn'"' Law, example OF
Legislative body, before tine prvsrcu
Pressing unu the ciI Implicated
DIV uil would tend suvr the fundamental ~
!
Mr.. President, srzc with confidence and appropriate