other arrangements of our foreign relations, to the president and senate of the United States: and these circumstances in the conduct of the said Harry Innis, furnishing an occasion of sufficient magnitude to interest the attention of the represen tatives of the Kentucky people, and to call forth the public expression of their opinion: Therefore,

Resolved by the Senate and House of Representatives, That the conduct of the said Harry Innis, while sole judge of the United States' court in this state, relative to the said Lachaise, Carondelet, and Power, whose objects were to violate. the peace, or dismember the union, has been secret, clandestine, and illicit, incompatible with his allegiance as a citizen, his fidelity as a judge, and his oath to support the constitution of the United States; of bad example, and of dangerous tendency, calculated to embarrass and impede the rightful operations of the national government, to encourage intrigue and outrage on the part of foreign governments, and domestic traitors--and finally, to involve the United States in war, or to sever the union, by means of bribery, corruption and force: whereby, the said Harry Innis, in rendering himself justly suspected of infidelity to his own government, is unworthy of a seat in the judiciary.

"And resolved, That an inquiry ought to be instituted by the constituted authorities, into the conduct of the said Judge Innis, to which he may answer, and on which judgment may be pronounced.

"And also resolved, That the governor be requested to transmit a copy of the foregoing resolutions to each of the represen tatives of this state, in the congress of the United States."

These probably had not been committed, when the judge addressed a letter to the speaker, which was laid before the house, and read in the following words, viz:

66

January 29th, 1808. "SIR: I have been informed, though inofficially, that certain resolutions have been presented to the house of representatives in which you preside, implicating my conduct and integrity as judge of the court of the United States, for the Kentucky dis

trict. Having supposed myself immediately responsible to the general government, from whom I hold that appointment, I did during the last session of congress write to several members of that body, requesting through them, that an inquiry might be made into my conduct. From this however they dissuaded me, because in their judgment there was no sufficient ground to justify or authorize such inquiry.

Conscious, however, of my own innocence of any criminal intention, or acts, and that in spite of all the malevolence of my enemies, upon a free examination, my life would only manifest errors of the head and not of the heart, nothing is more desired by me than an investigation into my conduct, governed by temper, moderation and justice. The result of which investigation (to which I invite your honourable body) will be as honourable to me, as mortifying to those who prosecute me.

The reading over, the letter, preamble and resolutions, were ordered to a committee of the whole house. They were afterwards discussed on several successive days; Mr. Marshall supporting his motion for adopting the preamble and resolutions offered by himself; Mr. Speaker Clay, in opposition to those, and in support of others, offered by him, as a substitute, in the following words, viz:

"Whereas the general assembly did, at their last session, order transcripts of the evidence taken before the committee appointed to examine into the conduct of Benjamin Sebastian, to be transmitted to the president of the United States, and to the senators and representatives from this state in congress; and as the present assembly has entire confidence in the general administration and in the congress of the United States, among whose duties is that of arraigning the public officer or private citizen, who may have violated the constitution or laws of the union: and whereas, the legitimate objects which call for the attention of this legislature are themselves sufficiently important to require the exercise of all their wisdom and time, I**

VOL. II.

without engaging in pursuit of others, thereby consuming the public treasure and the time of the representatives of the people, in investigating subjects not strictly within the sphere of their duty: and inasmuch as the expression of an opinion by the general assembly, upon the guilt or innocence of Harry Innis, Esq. in relation to certain charges made against him, would be a prejudication of his case-if in one way, would fix an indelible stigma upon the character of the judge, without the forms of trial, or judicial proceeding; and if in the other, might embarrass and prevent a free and full investigation into those charges: Wherefore,

"Resolved by the General Assembly, That it is improper in them to prescribe to congress any course to be taken by that body in relation to the said charges, or to indicate any opinion upon their truth or falsehood.

"Resolved, That the constitution and laws of the land, securing to each citizen, whether in or out of office, a fair and impartial trial, whether by impeachment or at common law, the example of a legislative body, before the commencement of any prosecution, expressing an opinion upon the guilt or innocence of an implicated individual, would tend to subyert the fundamental principles of justice."

These being put to the vote, were negatived. But it would have been too great a concession, to such a federalist as Marshall, and who, within the rules of decorum, had made quite free with the honourable judge, yet a precious member to bis party, to have adopted the resolutions with the preamble as proposed by him: while, nevertheless, they were supported by such irrefragable proofs, as not to be rejected; they were therefore paraphrased, by Mr. William Blackburn, and offered in the following terms, to wit:

"Inasmuch as it has been deemed expedient to express the public opinion on subjects of general concern, as the means of union among members of the same community, or as indications of the public will, serving as guides to public servants in

their official conduct; and whereas from representations made to the general assembly by the introduction of a resolution, and upon the application of Harry Innis, Esq. by letter directed to the speaker of the house of representatives and by him laid before that house praying an examination into the charges exhibited against him in said resolution, and from evidence to them exhibited, it appears that the said Harry Innis, Esq. while sole judge of the federal court for the Kentucky district had knowledge of various intrigues and secret negotiations having been at different times carried on by the agents and emissaries of a foreign government with citizens of this state, hostile to the peace and tranquillity of the union; particularly in the case of the Baron de Carondelet, and in the case of Thomas Power, agents and emissaries of the king of Spain: and the said Harry Innis, Esq. possessing a complete knowledge of propositions having been made to himself and others, citi zens of the western country, by the said Carondelet and Power, which had for their object the dismemberment of the union; and having failed to communicate to the federal executive or to take any measures of prevention, as by the duties of his of fice he was bound to do; and the conduct of the said Harry Innis, Esq. in this particular having been such as to excite great public discontent, and a suspicion that he participated in the intrigues and secret negotiations aforesaid:

"The legislature deem those circumstances in the conduct of the said Harry Innis, Esq. as furnishing an occasion of sufficient magnitude to interest the attention of the representatives of the people of Kentucky, and to call forth the expression of their opinion. Therefore,

"Resolved by the Senate and House of Representatives, That the conduct of the said Harry Innis, Esq. relative to the secret negotiations of the said Carondelet and Power, ought to be inquired into by the constituted authorities of the United States.

"Also resolved, That the governor of this state be requested to transmit a copy of the foregoing resolutions to each of the representatives of this state in the congress of the United States."

Mr. Marshall, regardless of the variance, as the substance was retained, made no objection to this as a substitute: the vote was taken, it adopted, and finally passed: leaving it to be inferred, that whatever errors had troubled the head of the judge, his heart had participated largely in the most culpable of them. In vain, however, did the senate concur, except that in form, the character of the state, though tardily, if not reluctantly, was vindicated from a participation in Judge Innis' crimes, by open connivance, or tacit approbation. One circumstance is very remarkable: the preamble to the resolutions which were adopted, omitted to include in the censure, the intrigue of Lachaise, the French emissary; and of course, the knowledge and concealment of it by the judge. As to any ulterior measures, however, it all amounted to the same thing. The grand magician had stretched out his wand, over the head of the judge; on it was inscribed, "AN ENEMY TO THE FEDERAL " and impunity was ensured, while all further inquiry was abandoned. And such is the magic spirit of the party, that the country continues to adore the head, and kiss the hand which disgraced it then; and whose opinions still continue to distract its people, and add new embarrassments to their condition. Verifying an eternal truth, that every departure from truth and honesty, which lead to happiness, is an approach to falsehood and dishonesty, unfailing causes of social and individual misery.

GOVERNMENT-HE HAS BEEN FAITHFUL TO ME:

Judge Innis, as he retained his office, is thought of sufficient importance to justify the mention of the fact, sued Humphrey Marshall, for publishing of him, "that he was a weak and partial judge, an enemy to his government, and one whom he ranked with a Sebastian, a Blount, and an Arnold." And such was his reliance upon the countenance and support of party, that it must be supposed he expected to get a verdict in his favour: his damages were laid at many thousand dollars. A trial at length was had; which occupied ten or twelve days, and terminated in a divided jury: in which it was understood, there were five for finding something for the judge, were it but a cent; the others said, No, not a cent. The case afterwards went off, each party paying his own costs.