of the feveral courts of common pleas, fhall hold their offices dur ing good behavior: but for any reasonable cause, which shall not be fufficient ground of impeachment, the Governor may remove any of them, on the addrefs of two thirds of each branch of the Legislature."

Now to define with precifion thofe official mifdemeanors, contemplated by the conftitution as fufficient ground of impeachment, and thofe "reasonable causes" of removal from office, on the addrefs of two thirds of each branch of the Legislature, is no eafy task different perfons, without being juftly liable to any unfavorable imputation, may really be led to make a different claffification or arrangement. Had the conftitution told us by an example in each cafe, what should be fufficient ground for impeachment, and what should be fufficient caufe for removal from office, on the address of two thirds of each branch of the Le- • giflature, we should have lefs difficulty in afcertaining what fpecies of offences ought to be comprehended within each claffification. But this has not been done; it could not be eafily effected, without incurring the danger of excluding from punishment hundreds of offences, perhaps more injurious and more neceffary to be punished than those which might have been mentioned as examples. When, therefore, a civil officer ought to be impeached, and when he should be removed from office, on the addrefs of two thirds of each branch of the Legislature, can be known only from a fair construction of the constitution as it is written, from judicial decifions the definitions and descriptions of writers on law of acknowledged authority, and from that found difcretion, limited by the conftitution, and that knowledge which the Legislature is fuppofed to poffefs, of what in general as well as in every particular inftance, the pure administration of juftice and the public good require to be done.

Difqualification to hold any office of honor, truft or profit under this commonwealth, is the leaft punishment confequent on an impeachment, in case of a conviction, a punishment, that to a generous mind is hardly lefs than death itself, and that on account of its severity will probably cause many persons impeached to be acquitted, who certainly would, and ought to be punished by another mode of profecution. But in a cafe fuch as that referred to your committee, in which there appears to them scarcely room to doubt, what manner of proceeding ought to be adopted; prudence, juftice and humanity, as well as the fpirit of the conftitution feem to require that, that conftitutional mode of proceeding fhould be felected which is the mildeft, and best calculated effectually to remedy the evils complained of. Though our immediate predeceffors, at least as patriotic as we can pretend to be, have thought it their duty in this inftance to prefer an impeachment, of the pending existence and expediency of which, we

conceive this House have an undoubted and unquestionable right to judge and decide; yet your committee do not apprehend, that this prefent House of Reprefentatives are bound to profe cute an impeachment, which they do not believe to be authorifed and required by the conftitution, merely because it hath been preferred by a former House:

But while your committee do not apprehend, that the offen ces with which the faid Alexander Addison stands charged in the faid impeachment, are fufficient ground to authorise and requiré the profecution thereof by this Houfe, they nevertheless furnish fuch reasonable caufe as ought to induce an immediate enquiry concerning them: Your committee therefore offer the following refolution :

2

Refolved, That the faid impeachment is pending before the Senate, against the faid Alexander Addifon; but that this Houfe, as well for the reafons before affigned as others, ought not to profecute the fame.

On the 17th, the Houfe negatived the report of the com mittee and

Refolved, That a committee be appointed to manage on the part of this Houfe, the articles of impeachment now pending be fore the Senate, against Alexander Addison, and that they be empowered to fend for perfons and papers, and to examine witneffes upon oath or affirmation, and

Ordered, That Mr. Rofs; Mr. Fergufon, Mr. Pugh, Mr. Simpson and Mr. I. Davis, be a committee for that purpose.

On motion of Mr. Laycock, feconded by Mr. M'Masters,

Refolved, That the attorney-general and fuch other counsel as the committee appointed to manage the articles of impeachment, against Alexander Addison, may think proper, be requested to give their attendance at the trial of the faid Alexander Addifon, before the Senate of this commonwealth, and affift thereat on behalf of the House of Representatives.

On the 18th December, a letter addreffed to the Speaker, figned Alexander Addifon, was read as follows, viz.

SIR,

Lancafter, 18th December, 1802.

I requeft that the Houfe will direct the Clerk, to allow me to examine and tranfcribe fuch documents in his hands, relative to my impeachment, as I may think neceffary for my defence; and that the managers will be inftructed to fummon at the public ex

pence, fuch witnesses in my behalf, as I may fatisfy them, are neceffary on the trial of the impeachment.

Confcious as I am of innocence, I have a right to claim a prefumption of it 'till a trial exhibits me in another light, and if I be innocent, the honor of the State is concerned in my acquittal, nor ought it, in my opinion, to be laid upon me to defend myself, at fo great a distance from the place, where, the facts happened at an expence, which the profits of the office would not justify me to incur. I owe a duty to the public to explain my official conduct thus folemnly charged, and I am willing to perform it; but, I owe alfo a duty to my own family and private intereft. I am with due refpect,

Your moft obedient fervant,
ALEXANDER ADDISON.

The Honorable Ifaac Weaver, jun. Efquire,"
Speaker of the House of Representatives

of Pennsylvania.

Mr. Evans, feconded by Mr. Welles, moved that it be " Refolved, That the request of Alexander Addifon. Efquire, as contained in his letter of this date to the Speaker be granted.

On the 20th December, this refolution was poftponed, and the following adopted: "Refolved, That the clerk be directed to furnish Alexander Addifon, Efquire, with correct copies of all fuch papers, in the poffeffion of this Houfe, as the faid Alexander Addifon, may judge neceffary to his defence, on the impeachment now pending before the fenate."

IN THE SENATE.

On Tuesday the 14th December, a letter from Alexander Addifon, informing that he is now attending, in pursuance of the fummons ferved on him, to appear and anfwer certain articles of impeachment, was read. It was moved, that the members of the Senate be fworn or affirmed, in order to proceed to the trial of the impeachment: but on motion "Refolved, That the trial be poftponed 'till to morrow.

On 21ft December, the following letter was read:

SIR,

Lancaster, 20th December, 1802.

To the articles of impeachment against me, I am ready to plead.

At the laft feffion of the Affembly, I applied to the House of Reprefentatives, (as foon as a I learned an impeachment was

determined on) for certain things to be done in this behalf. These were then refused. I fent a copy of the fame letter to the Senate, as I understood from a private letter, and afterwards from the minutes, that the refufal was on the ground, that the impeachment be preferred to the Senate; the House of Reprefentatives could not properly grant the requeft. Before my letter to you, could reach Lancaster, I prefume the Assembly had broke up, and I know not whether you got it. After the Houfe of Reprefentatives had in their feffion, determined to profecute the impeachment and appointed managers, I applied to that House for copies of the documents, and instructions to their managers, to fummon at the public expence fuch witnesses, as I fhould fatisfy them were neceffary for my defence. They have ordered the documents to be given, but refused the instructions; and in the argument for refufing, one of the members stated, that the Senate was the proper place to apply to. It was stated that I wanted only four witneffes. I beg leave to exprefs again my opinion that this is a cafe different from common profecutions, where the facts are to be tried in the county: different from all the impeachments hitherto in Pennfylvania; when the Legislature fat where the parties lived: different too, in another respect, that there is no charge of corruption or difhonesty— none conveying any stain of infamy. For an officer at a distance from the Legiflature, at which I am to bring down witnesses, at his own expence, would be telling every fuch man, when you accept of an office, you do it at the risk of ruin if ever an accufa tion is made against you. The burden would to me be intoler

able.

The Senate who are to try the impeachment, would no doubt wish to have their confciences well informed; and if the House of Reprefentatives may expend the public money, in paying counsel to fupport the accufation, may not the Senate do so, in an endeavour to clear the character of an officer, when the honor of the State is concerned in fhewing the purity of officers who are innocent, as much as in punishing them as guilty.

I beg leave to requeft, that the Senate will order fubpoenas to iffue, to require the attendance of witneffes in my behalf at the public expence; 1 fhall defire the attendance of four only, and will fatisfy the Senate that their teftimony is neceffary, if the Senate require this in the case of so few.

With due refpect, I am

Your most obedient fervant,
ALEXANDER ADDISON.

Honorable Speaker of Senate.

This letter was referred to a committee, which on the 22d made a report, which was amended and adopted by the Senate as follows, to wit:

Refolved, That the Senate will fit in their judicial capacity on the third Monday of January next, for the purpose of hearing and determining on articles of accufation and impeachment, exhibited by the Houfe of Reprefentatives against Alexander Addifon, and that the Speaker be, and he is hereby directed to iffue process on the application of the managers on the part of. the House of Representatives, or of Alexander Addifon, to require the attendance of fuch witneffes as either of the faid parties fhall judge neceffary.

It being refolved, that Alexander Addifon be now called and admitted to plead to the charges, exhibited against him by the House of Representatives; and that the House of Reprefentatives be informed thereof; and that Alexander Addison has notified the Senate of his readiness to appear. The managers were introduced; and Alexander Addifon came, and the articles of impeachment were read to him as follows:

Articles of accufation and impeachment against Alexander Addifon, prefident of the courts of common pleas, in the circuit confifting of the counties of Westmoreland, Fayette, Washington and Allegheny, preferred by the House of Reprefentatives of the commonwealth of Pennfylvania, in their name and in the name of the people of Pennsylvania, and exhibited to the Senate of the faid commonwealth.

ARTICLE 1. That the faid Alexander Addifon, being duly appointed and commiffioned prefident of the feveral courts of common pleas, in the circuit confifting of the faid counties of Weftmoreland, Fayette, Washington and Allegheny, within the territory of the faid commonwealth, while acting as prefident of the court of common pleas of the faid county of Allegheny, on Saturday the twenty-eighth day of March, in the year of our Lord, one thousand eight hundred and one, in open court of common pleas, then and there holden, in and for the county last aforefaid; did after John Lucas, otherwife John B. C. Lucas, alfo duly appointed and commiffioned one of the judges of the court of common pleas, of the county last aforefaid, had in his official character and capacity of judge as aforefaid, and as of right he might do, addreffed a petit jury, then and there duly impanneled and fworn or affirmed refpectively as jurors, in a cause then pending, then and there openly declare and fay to the faid jury, "that the address delivered to them, by the faid John Lucas, otherwife John B. C. Lucas, had nothing to do with the question be fore them, and that they ought not to pay any attention to it,"