pers for the confideration of the attorney-general, and boafted when he fat out, that he would have Addifon broke before he returned. The people will know hereafter how to appreciate the law learning of thefe great judges, who fo grossly mistook the law in a cafe of their own which they had fo deeply confidered. The Frenchman may be excused on account of his ignorance of our language and laws-indeed, we fincerely pity, poor Lucas, who has now become a fecond time the catfpaw of his friend Brackenridge: He fhould have been cautious in following farther the man who had pushed him forward to the Bea ver creek affociation; and then deferted him and his deluded fettlers, when the warrant holders undertook to pay him well for changing fides.

2. The statement afferts, "That the court expreffed a strong fenfe of the indecency, unhandfomenefs, indelicacy and unmannerly conduct of the prefident, although they conceived it did not amount to a crime cognizable by indictment."

Such might have been, and fuch probably was the language of judge Brackenridge over his cups in a dram shop: But it is falfe, it is impoffible, that a fober court would thus exprefs themselves refpecting the acts of another court, or the prefiding judge of another court, when they had before them no teftimony of the fact but the ex parte affidavit taken by a juftice lately convicted of high crimes in their own circuit court. No court in a civilized country would thus deal out abuse at random, without first hearing the tribunals or the party accufed. No court doing so could deferve the name of a court of justice; but on the other hand must incur and deferve all the epithets which Brackenridge in his rage has unworthily put into their mouths against the county court and its prefident. We fay the county court, because the acts of the prefident in court when not disagreed to, are the acts of the court: Never was feen a fouler libel upon any court, than this bold affertion that our fupreme court were guilty of fuch an outrage as to condemn and ftigmatize with the harfheft cenfure, another court, and other judges, without enquiring into the truth of the fact, or hearing what might be faid in their defence. But the author of the calumny will gain his point if knaves give currency to the tale, and fools believe it, for he has no apprehenfion that the tribunal thus flandered will take the trouble of calling him to account.

3. "The pacific difpofition of the weftern people has had many caufes to be disturbed, if such disposition prevailed among them; and not a few from the fame quarter. Had judge Lu-.

cas

infifted upon his right, as he might juftly have done, what might have been the confequences among a people. lefs pacific? Had the grand jury infifted on their right to hear Lucas? The prefiding judge would moft probably have oppofed the jury alfo-the peace might have been broken.”

Here is the cloven foot of Brackenridge!-a riot, a mob, a hurly-burly to infult or to deftroy the man whofe virtues and talents are fo fuperior in public opinion to his own!!! We all remember the letter of laft autumn, where this diabolical hint was given by the fame man-where the fame cowardly, vindictive temper endeavored to roufe the people of Crawford county into fury, that he might efpoufe and avenge the private grudge of Brackenridge. But the western people know their interefts, their duties, and their real friends too well; they have feen the mad Will o' the Wifp change fides and fhape too often to be miflead fo far as to truft his affurances, to believe in his ever varying creed, or to regard his enmities or invectives as an imputation against the fannefs of a man's character; for it will be difficult to find an honeft refpectable member of the fociety whom he does not reckon and abufe as a decided enemy.

4. "The difcuffion produced on Lucas's profecution, has had the usefulness of throwing fome light on the conduct and character of judge Addifon.”

It can have thrown none that will not be honorable and flat

tering to him. But it may alfo throw fome other useful lights -fuch as that Mr. Brackenridge advifed Mr. Lucas to form an affociation of adventurers to fettle on lands held by the Population and other companies under warrants, and to bind the fet tlers by writing never to compromife with their adverfaries, but through the of their prime movers. That the compa agency nies being alarmed bought off Brackenridge, who then deferted and enlifted with the companies--Lucas was enraged-Brackenridge fet him up as an affemblyman—the people displaced him-Brackenridge becomes accidentally a judge of the fupreme court. By his influence with our good governor Lucas is made a judge of the county court, that juftice may be done to his Beaver creek affociates, of whom governor McKean declared in 1798 every man ought to be indicted-Brackenridge quarrels with judge Addifon-fpirits up Lucas to jabber broken French and be diforderly in court. The court filence him. Thefe Solomons attempt to indict the county court, or get an information filed against them in the fupreme court; and are told by the fupreme court that they are fools, there is no poffibility of fupporting fuch a proceeding-Then to excufe themselves with

the people and their friends, a libel is written by the moon-ftruck judge, equally abufive of the fupreme court and county court. And this is the true account of this very weighty matter, of which every man may eafily judge, and judge rightly for himfelf.

(He then read "The Tree of Liberty of the 6th of June, 1801, as follows, viz.

Supreme Court, March Term, 1801.

Affidavit of John Lucas, an affociate judge of the county of Allegheny, stating that at a court of quarter feffions of the faid county, after the prefiding judge (Addifon) had delivered his charge to the grand jury; and he the faid Lucas was about to deliver a charge alfo, he was ftopped by the faid Addison, and ordered to be filent: That the faid Lucas not regarding this interruption, but being about to proceed, the faid Addison with Judge M'Dowel, the only other affociate then on the bench, ordered a conftable to be fworn and the jury to be taken from the bar. Motion by the Attorney General, that he have leave to file an information againft judge Addison on the ground of misbehaviour in this inftance. Affidavit ordered to be filed, and the Attorney General to be heard on the subject.

Two points made by the Attorney General,

This

1. That the affociate judge or juftice has equal right with the prefiding judge or justice to charge the grand jury. on principle, and on authorities. The Attorney was prepared with books, and began to open.

Chief justice Shippen : It is unneceffary to fpeak to this point, or to read authorities. We will not hear the right questioned ; there can be no doubt of the right. The right of every judge is equal as to expreffing himself to a jury, grand or petit whether fupporting or diffenting. Nay if he diffents in opinion, he is guilty of a breach of truft, if he does not express it. Speak to the fecond point. Is this conduct the fubject of an information?

By the Attorney-General. It is a mifbehaviour in office; It is a mifdemeanor. It is an indictable offence. It is an attack upon the administration of justice. It is a privation of right of the affociate to speak and of the jury to hear; It is prefentable by them as a grievance. It is the fubject of a profecution by the judge aggrieved.

Chief juftice Shippen. The affidavit does not state malice: It would seem to be a mistake of right. Unless a crime is ftated the court cannot take cognizance. There may be another remedy. It does not lie with us to fay what that is. The proceeding was arbitrary, unbecoming, unhandsome, ungentlemanly, unmannerly and improper; but there not being an imputation of wilful mifbehaviour and malice, it is not indictable, or the fubject of an information.

**

Mr. Addifon. Of the novelty of this evidence there are many in the Senate capable of judging; it is alfo well known to the counsel in this cafe, that it is not fuch evidence as would be received in any court of justice; they well know, and many gentlemen here also know, that a newspaper report of the proceedings of a court would not be taken as a fair statement of the proceedings or opinions of any court. I did not wish to interrupt the reading of the papers the counfel on the part of the managers had deemed neceffary or useful, nor prevent the Senate from hearing any thing in fupport of the impeachment they might choose to hear. I only with now that it may be understood that the publication alluded to is not fuch an account of the proceedings in the fupreme court as was to be depended upon, either at that time or the prefent. There is another fource from which the truth might be known, and from which it ought to have been known that is, a copy of the record of the motion and of the decifion on the motion by the court might be had, and a certificate of the opinions of the judges was alfo to be obtained. Are you, or was I to take the proceedings of the court from a newspaper, and that too from a newspaper printed in the houfe of a man who was the prime mover in all this bufinefs. I fhall take another opportunity to confider this point more at large.

With refpect to the publication in the Pittsburg Gazette, fuppofed to be in anfwer to what appeared in the Tree of Liberty, I know not for what purpose it was read; but if I am to form an opinion I can discover no other motive than to infinuate that I was privy to it. I appeal to this houfe whether this has not been the impreffion: if it has, it is my duty to do it away. It will be obferved that it has not been proved upon me, neither has the attempt gone beyond an infinuation. I know my own rectitude. I would not violate my honor, my word or my confcience. I do then declare in the prefence of the Senate, and in

* Judge Brackenridge did not take any part in the deliberation of the court, or give any opinion.

the prefence of my God, that I never faw that piece until I faw it in print. That I never had any hand either directly or indirectly in writing, publishing or perufing it, until I faw it in Scull's Gazette.

Mr. Rofs faid the managers had clofed the teftimony on the part of the Houfe of Reprefentatives, and if Mr. Addifon pleafed he might proceed to make his defence.

Mr. Addifon. On a proceeding fo unufual in Pennsylvania, and in a fituation fo unufual to me; I think I may with propriety befpeak the candor and indulgence of the Senate, and I befeech the managers and their counfel for a liberal and candid interpretation of my conduct. And I hope it will not be under. ftood, inferred or infinuated, that when I speak earnestly and loudly, that 1 fpeak paflionately. I hope it will not be underftood from what has paffed or may follow, that when I suggest that this profecution originated, not from motives of public good or public juftice-but from perfonal refentment and private malice. I do not mean to call down upon the members of the Houfe or their managers, any portion of cenfure. I mean it not now, nor ever fhall. I think the members have acted according to their duty. But it will be incumbent upon me, because it is neceffary to my defence, to fay, that the impeachment is groundless, that it has no foundation to fupport it; thinking myself innocent can I fay lefs? I cannot think myself innocent, and think at the fame time that the House acted properly in impeaching me; but that does not imply that any member acted difhoneftly; no, I believe they acted with candor and fought the public good in the measure, but not with justice to me. They acted, it is true, upon the evidence, and thought they did right. I am willing to believe this.

Two articles are exhibited in this impeachment against me. The first that after Mr. Lucas had delivered an addrefs, to a petit jury, I faid it had nothing to do with the queftion before them, and they ought not to pay any attention to it. The words as laid in the impeachment have been proved. On this point therefore it will become neceffary for me to fhew the propriety of them, from the matter, manner and occafion; that they were not only juftifiable, but refulted from a sense of duty. This I fhall endeavor to fhew in the best manner I can. The fecond charge, that I prevented Mr. Lucas from addreffing a grand jury in open court. The evidence has been heard, and in a certain manner it may be faid, the charge has been proved. It will be incumbent upon me to fhew, that that