Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)United States. Congress
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Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Mr. ELLIOT said, I am as deeply convinced as the gentleman from Virginia
that the streams of justice should be preserved pure and unsullied. I
am also sensible that the Judicial Department ought to attach to itself
a degree of independence. I am of opinion that this House possesses no
censorial power over the Judicial Department generally, or over any judge
in particular. They have alone the power of impeaching them; and when
a judge shall be charged with flagrant misconduct, and when facts are
stated which shall induce them to believe those charges true, I shall
be at all times prepared to carry the provisions of the constitution
into effect, in virtue of which great transgressors are punishable for
their crimes. The basis of this resolution is, that a gentleman from
Pennsylvania, at the last session, stated that the judge named in it
had been guilty of improper conduct. Of these charges I am uninformed,
and every new member must be uninformed. It is astonishing to me that
we are called upon to vote for an inquiry into the character of a judge
without any facts being adduced to show that such an inquiry should be
made. If the resolution pass in its present form, it appears to me that
we shall thereby pass a vote of censure on this judge, which neither the
constitution nor laws authorize. If the judge be guilty, I should suppose
the first step proper to be taken would be for some person aggrieved,
or for members having personal knowledge, to exhibit facts on which the
House may act. I can never consent, because the gentleman from Virginia,
or any other gentleman, says that there are facts which have come to his
knowledge that induce him to think an inquiry ought to be instituted,
to vote for it, unless those facts are first stated. I can never agree
to any act which shall in this manner, without the exhibition of proof,
impose censure or suspicion on a judge. This course may be perfectly
Parliamentary; but it strikes me as altogether unprecedented. I shall,
therefore, until some facts are adduced, resist every attempt to impose a
censure upon the conduct of any public officer.
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