the articles of impeachment seem. not be confided in them with confidence. ed to vanish away, like a vision of

Will not the juries adopt political preju

dices and carry them home with them, the night, fading from the memo.

and decide more from political parties ry, and scarcely leaving a trace of

than justice? Justice should be adminits brief and airy existence. istered between man and man without

Mr. Nicholson first replies on any distinction, and this conduct of the the part of the prosecution. His respondent goes to prevent it. Although

books have been produced, and a numspeech, as reported in this volume,

ber of high authorities cited, to justify contains nothing subtle or eloquent.

the delivery of political charges, I must It is brief. He first attempts to be allowed to enter my protest against prove, that to sustain an impeach- them ; but no instance has been cited ment, it is not necessary, that the where a judge has, like the respondent, offence should be an indictable exclaimed against the acts of the govern

ment. When we look at the charge, one, which was strenuously con

which has been offered in evidence by tended by the counsel for the res- him, we find him censuring one of the pondent. The rest of his speech most important acts of the government, is confined to an examination of I allude to the repeal of the judiciary sys. the several specifications under tem ; in this he censured every branch

" of the government. I am not about to the first article of impeachment.

dispute the right of Judge Chase in his Mr. Rodney's speech is superior, individual capacity to exercise his talents both in substance and manner, to to prevent any measure from being a. either of the speeches, which were dopted, But that right cannot apply to made on the part of the prosecution. the case before the court. He cannot

be justified in delivering from the bench We wish to introduce the orators to

denunciations against both the measures the knowledge of our readers, and of the United States and the state in We select the following passage which he held the court. Nor did he from Mr. Rodney's speech, as a stop there; He went on to declaim aspecimen of his style and manner. gainst citizens of the state, for being in

favour of measures which he deemed

improper. Every member of this court I will proceed to make a few remarks

must know that state jealousies still exist, on the last article. The impropriety of

and it ought to be the anxious care of the conduct of the judge, in this case,

every man, to say or do nothing calcu. must have struck the mind of every

lated to excite jealousiesti between the member of the court. I believe all of

United States and any individual state, them disapprove of political charges. It

Was it a part of the duty of the judge, certainly has been the practice of the

to preach up against the aets of the judges in the United States to deliver

legislature of Maryland ? Assuredly not. political charges to grand juries, and to

He had no right to thunder anathemas level their artillery upon the measures

against the measures of any state. of the government. But is that to justify a judge in becoming a political preacher? It is indubitably of the utmost im Either the reporter has been very portance that courts of justice should be unjust, or Mr. Randolph is most la. kept pure. Party spirit should never mentably deficient in legal science be suffered to enter their walls. Provid. ed laws are administered with justice

and talents for the forum. Judging and impartiality to every person, we

from his appearance at this trial,we may always look up to courts of justice are of opinion, that he is well calfor protection. So long as the courts culated to address a mob, or even and juries remain pure and uncorrupted, to drive a majority in a delibera, we may be confident of safety, if inno- tive assembly; who are devoted to cent ; but when judges undertake to

i his will. His speech, which con

: erect those sacred places into political hustings, they must lose their respect in cludes the arguments in behalf of Mhe eyes of the people, and business can- the prosecution, is a declamatory

harangue, in which the pre-emi- is more than usually falls to the nent traits are, his lofty esteem of lot of mortals : since he is liable to himself, and his unbounded hatred err even from an excessive desire of the respondent. In his man- to avoid mistake. While there, ner Mr. R. is extremely desultory. fore we humbly declare, that Judge For this defect he apologizes, by Chase's conduct was, in every maobserving, that he had unfortu- terial act, free from crime; in nately lost his notes. We confess some respects it was not free from our astonishment at his apparent fauit. We allude to the opinion ignorance of a prosecution, which which he gave at the trial of Fries, had been instituted at his instiga. which was, in respect of the time cion," of articles, which " came and manner of it, a novelty in solely from his pen," and “ the judicial proceedings. Mr. Harper meaning of every word of which," confesses that it was an errour. he confesses, “ that he felt bound The honourable Judge was himto explain.”

self, solicitous to expiate his misOn the 1st day of March, 1805, take with a generous penitence, after a full and patient investiga- but in a manner worthy of his dig, tion, Judge Chase was, by the de- nified station. Let not the vain cision of the high court of im- and presumptuous man, who is inpeachment, acquitted on the arti- conscious of his own limited pow. cles exhibited against him by the ers, exult over this concession. house of representatives. Wheth. Let not the personal and political er it is our province to pass a sen- enemies of Judge Chase presume, tence, or even to hint an opinion, from this concession, to rank us on the innocence or guilt of the among his accusers. But let them accused, is problematical. He was unite with us, if they have the acquitted by his judges, and that grace so to do, in deploring the immost honourably. He appears to perfections, which are incident even possess a mind ardent, lofty, and to great and illustrious minds; and overbearing. But who may more let them weep, if they have the rightfully assume an imperial voice feeling to weep, over the frailties and gesture, than the judges and of the human character. : authoritative expounders of the It is impossible to read this trial Jaw? In the administration of without mingled emotions. A justice, a judge must be deaf to judge of the supreme judicature pity and friendship. He may not of the nation, venerable for his listen to the claims of blood or af- years, for his integrity, and for his fection, and therefore to superficial publick services, arraigned before observers he may at times betray the most august tribunal of his an unfeeling temper. In the country, and charged with the comcourse of his official duties, he mission of high crimes and mismust lay the heavy hand of justice demeanors, is a sublime spectacle, on guilt, which sometimes excites on which illustrious villany may pity even by its weakness. But look with fearful anticipation. It never is the duty of a judge more is honourable to the justice of a difficult or ungrateful, than either country, that it should contain a when he is compelled to act against tribunal, for bringing to punishpopular passion and prejudice, or ment criminals of the highest orin seasons of political fermentation. der. But let it be recollected, that Freedom from blame at such times where great power iş reposed, it is expected that it will be held with America, and none in England, a degree of caution, equal to the will be inclined to controvert. magnitude of the effect, which its Bonaparte's naval efforts, he says, exercise is calculated to produce. have been great and unremitted, When therefore we see an emi- and far more formidable than could Dent citizen impeached for “ high have been expected, considering crimes and misdemeanors," and the destruction of French comon solemn trial it appears, that merce. “The loss of the British there existed against him no evi superiority at sea,” he adds, would dence of oppression, no suspicion remove from before the ambition of corrupt or wilful misconduct in of France almost every obstacle, by office, it requires all our charity, which its march to universal em. and all our respect for constituted pire could be impeded." The authority, to believe, that the accu- truth of this position also seems to šation resulted from a sacred re- be clear. gard to the publick good. Justice To shew the possibility that G. impartial, and freely administered Britain may finally lose,and France to men of all degrees and of all acquire the sovereignty of the seas, parties, is the sure basis of national he proposes, as the chief design prosperity. The body politick de- of this pamphlet, to prove, « that rives health and vigour from the by the encroachments and frauds of salutary streams of justice, but if the neutral flags France has found a the fountain once becomes impure, nursery and a refuge for her navy, a sickly paleness will gradually and that of her Dutch and Spanish overspread the surface of the sys- allies, as well as secret conduits for tem, indicating its rapid dissolution. those resources, by which she has When the measure of justice in a nourished and augmented it." nation is to be ascertained by pas- Here again, no doubt will exist, sion, prejudice, or party spirit, or that neutral commerce is of great by any other rule than the eternal and indispensable advantage to principles of right and wrong, and France and her allies, without when the solemn forms of justice which they could scarcely draw a are to be prostituted to such nefa- single dollar from their colonies. rious purpose, that nation is rapid. This position of things furnishes a ly following the fate of those cor- very strong inducement to Greatrupt systems of antiquity, whose Britain to disturb the commerce of ruins still warn nations and rulers, neutrals with her enemies' colothat they should be just.

nies, and to trump up new and

specious principles to vindicate her ART. 3.

aggressions. The principles of

this pamphlet writer ought thereFar in disguise ; or, the frauds of

fore to be examined with some susthe neutral flags. London,

picion in America, but they ought printed : New-York, re-printed

to be carefully examined. by Hopkins & Seymour, for I. The pamphlet proceeds to state Riley & Co, &c. &c. Jan. 1806.

the singular fact, that, destitute of op. 215.

all active commerce, as France The writer of this pamphlet in- certainly is, and of all means of aftroduces his subject with some re- fording naval protection to her marks on the importance of the commerce, nevertheless her reBritish nary, which few persons in sources appear to be unimpaired in conseqüence. Thts, it is truly arms and our commercial gains said, is a different result from what mutually obstruct each other, it is ever happened in all former wars. extremely natural, that angry ine Only the partial stoppage of the vectives and recriminations should French commerce by the superi: ensue between the American and ority of the British fleets used to British nations. The usual proproduce the last extremity of dis- gress of popular passions, when so tress to the people and govern- excited, is to insult, retaliation, and ment of France; so that, strong as war. This is a course, which it is the French ever were on land, incredible the government of either 66 the house of Bourbon was van of the two countries should wish to quished by the masters of the sea.” pursue.

He aocounts for this strange cir- Supposing that there is not on cumstance by ascribing its cause either side a disposition to fight, to the use of the neutral flags. If there ought to be a mutual wils he supposes,that the great mass of lingness to argue. the cargoes of the colonial produce, The pamphlet writer proceeds freighted on board American vesá to examine, Ist, the origin, nature, sels is not, bona fide, the property and extent of what he calls the e. of Americans, we believe he is vils and abuses of neutral flags. grossly mistaken. American cap- 2d, the remedy and right of ap: ital is adequate to the purchase of plying it. 3d, the prudence of these products, and this is what that resort. Englishmen cannot easily be made Under the first head, “ the orito believe. Nevertheless the pur- gin, nature, and extent of the evil," chase of the crops of Martinique he premises, “ that a neutral has and Guadaloupe by American no right to deliver a belligerent merchants obviously relieves the from the pressure of his enemy's French planters from the pressure hostilities, by trading with his colof the war. How is their pros: onies in time of war, in a way perity retarded or obstructed, if that was prohibited in time of they can have a full price for their peace. Here we find the marcrops, the superiority of the Brit: row of the great question, at preso ish navy notwithstanding? It is ent depending between the bellig: true, not a French merchant flag is erent and neutral nations. seen on the ocean. But as the To support the negative, i.e. French planter owns no ships, and that a neutral has no right in time is interested directly only in the of war to any other trade with an sale of his rum,coffee,cotton, sugar, enemy's colonies, than what is pers &c. if the neutral will buy these mitted in time of peace, he quotes articles and pay for them at a good at length the opinion of Sir Wilprice, it is plain the war does not liam Scott, in the case of the Ereach the colony to cramp its manuel, Nov. 1799. This, he asgrowth, or to obstruct its supplies, serts, was the doctrine of the war which are abundantly furnished by of 1756. One of the leading points neutrals.

decided against the Dutch in that This state of things, which is war was, we believes that French verified by the most ample expe- colonial property on board Dutch rience, produces no little disap- vessels was liable to condemnation; pointment and vexation to the bel- in other words that free ships did ligerent. Hence, as the British not make free goods. That they

do, is indeed pretended by the and others cannot afford the accusa French, and we believe only by tomed price. Thus the insecurity the French, or those under their and increased expense of the belo influence ; but there is demonų ligerent's own trade, augment the strably no ground for such a doc. profits of the neutral, whose trade trine, either as they pretend to de- is safe. But if free ships made rive it from the law of nations, or the goods free, all the commerce from a just regard to the com, would be equally safe, and the neumercial advantage of neutrals. By tral would have no new reward, establishing such a doctrine the but simple freight (always the lowFrench, while inferior at sea, would est of mercantile wages) to comgain much, but the neutral Amer- pensate him for the various inconican would certainly be a loser. veniences, to which the war expo

If the principle, that "free ships ses him ; that is, he would be con- make free goods,” had been estab- fined to the earnings of a mere

lished, as was vainly attempted, porter, instead of superadding the twenty-five years ago, neutrals profits of a merchant, and the inwould have been deprived of im- come of a capitalist. mense pecuniary advantages,which We have great doubts, however, they have hitherto enjoyed, and whether the decisions of 1756 afe would, in exchange, have derived ford any very clear authority, eifrom the innovation no benefit, to ther for the present British princiwhich they are not fully entitled ples, or for the claims of neutral by the acknowledged law of nas nations. The state of things now tions. By the operation of the in existence is totally unlike any laws of maritime war, the comó thing that ever was in 1756, or in merce of belligerents is subject to any war before 1793. Laws, to be heavy losses and expenses, from of any use or authority, must be which neutrals are exempt. This founded on their adaptation to ex. gives to the latter an advantage isting circumstances. The conover the former, equal, at the least, troversy is a new one, because to the full amount of those losses there never was, till 1793, any and expenses; or it drives the bel room for agitating it. Never, till ligerent merchant from the sea, that time, were France and her aland thus leaves to the neutral a lies stripped of all active com? virtual monopoly of the whole merce, and literally banished from commerce, which both had carried the ocean. Of course, never till on. It in effect, therefore, enables then were they obliged to use the the neutral to trade with the bele aid of neutrals, or forego entirely ligerent, without the possibility of the benefit of their colonial comthe latter being an equal compet-merce. It is our duty to state the itor ; of course it enables the news fact. It is the duty of others, tral to sell unusually dear, and buy more adequate to the task, to draw, unusually cheap. He sells dear in from it the proper inferences: the country of the belligerent, be The author of the pamphlet cause a part of the supply is cut proceeds through nearly one hunoff, and a part carried at an ex- dred pages, to enlarge upon the tremely dear rate. He buys the principle of the war of 1756, and products of the belligerent cheap, to explain and vindicate the cona because a part of the usual buyers duct of the British government, withdraw from the market, and and the decisions of the admiralty

Vol. III. No. 1.

« 前へ次へ »