Res'publica v. Wray
Supreme Court of the United States
THE Defendant on the lit of June, 1798, had been appointed treafurer for the County of Cumberland', “ for three years, to commence on the 5th of June followingi” but upon a fuggeftion of improper practices in procuring the appointment, the Attorney General obtained a rule to ihew caufe, why an information in the nature of a writ of quo ivarranto ihould not be filed againft him.
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THE Defendant on the lit of June, 1798, had been appointed treafurer for the County of Cumberland', “ for three years, to commence on the 5th of June followingi” but upon a fuggeftion of improper practices in procuring the appointment, the Attorney General obtained a rule to ihew caufe, why an information in the nature of a writ of quo ivarranto ihould not be filed againft him. In fupport of the rule, affidavits and office papers were produced, with a view to ihew, that the Defendant was in em-barraffed circumftances; and that he had procured the vote of one of the County Ccmmiffioners,…
1Opinion of the Court
The rule was oppofed by Dallas and MíKean-, and the opinion of the court in the abfence of the Chief Justice, was delivered by
Shitpen, Joffice.
The prefent is the firft inftance, that we recoliefl:, of an application of this kind in Pennfyluania-, and on opening jthe cafe, .it ftrock us to be within the ioth feftion of the 9th Article of the Co!)ftitution,’whichdeclares,.“ thatno “ pcifon ftiall for any indiiSable offence, be proceeded againft “ criminally by information,” except in-cafes that ara not in- yolved In the prefent motion. But, on conftderation, it is evident, that the Conftitution…
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