Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)United States. Congress
History
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. J. CLAY.--This debate appears to me to arise from causes the most
extraordinary, and such as we are not accustomed to hear assigned on
this floor. The gentleman from Virginia has made a motion justified by
his own knowledge as well as that of my colleague; and this motion is
opposed in a most extraordinary manner. I believe this is the first
instance in which a motion to appoint a committee of inquiry into the
official conduct of a public officer has been opposed. We are told by the
gentleman from Vermont that this House has no right to pass a censure on
a judge, and that judges should be highly independent. I am afraid that
unless great care be taken the doctrine of judicial independence will be
carried so far as to become dangerous to the liberties of the country.
This motion does not, however, affect the character of the judge. Let it
also be recollected, that if the reputation of the judge be at stake, the
reputation of this House also is implicated. I consider this House as
the constitutional guardians of the morality of the Judiciary. Whenever
even suspicion exists as to that morality, a committee of inquiry should
be appointed. For the pure administration of justice is surely more
important than the reputation of any particular judge. I am sorry my
colleague thought it necessary to make any statement of facts to the
House. I believe that more important facts than he has mentioned will be
stated by witnesses. I believe likewise the reputation of the judge will
be better preserved by the appointment of a committee than by assertions
made on this floor by particular members, not responsible elsewhere for
what they allege.
With regard to my opinions in this case, whatever my political
impressions may be, they are entirely unbiassed. I have heard facts
stated, but I cannot say that they have been satisfactorily proved to
my mind. There are other charges equally reprehensible. Under these
circumstances, I ask if the character of the judge is not more implicated
by a discussion of his official conduct on this floor than by appointing
a committee to obtain facts. If he is guilty of the facts alleged against
him, no gentleman will say that he is not impeachable. If he is only
suspected of them, there ought to be a committee, that if guilty he may
be impeached, and if innocent, be freed from the imputation thrown upon
him.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account