161
condemnation at all events, but to a fair
and
impartial
trial.
Accordingly
they
consequently allow to the accused the right
of
preparing
the
means
to
secure
such
a
trial.”
When
the
prosecution
retorted
by
citing
the
British constitutional principle that ‘the king can
do no wrong’, Marshall replied:
“By the constitution of the United States,
the President may be impeached and removed
from office on conviction of high crimes and
misdemeanors. By the constitution of Great
Britain
the
Crown
is
hereditary
and
the
monarch can never become a subject.... The
President is elected from the mass of the
people, and on expiration of the time for
which he is elected, he returns to the mass
of the people again.’
Ultimately the jury declared Barr not guilty of
the indictment. Jefferson immediately sent the trial
records
to
the
Congress
demanding
that
the
House
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