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. R. GRISWOLD.--Gentlemen will acknowledge that this is a subject of
great importance and delicacy. No one will doubt but that we ought to
execute our duty so as to preserve the fountains of justice pure, and
that we ought at the same time to treat the important character of a
judge, or of any other high officer, with respect. I do not know but that
this mode of procedure is warranted by precedent. But if it is, it is
unknown to me. As the resolution now stands, I do not think it perfectly
correct. The honorable gentleman from Virginia says he is acquainted with
facts that warrant the proposed inquiry. The question is whether the
House ought to be governed by the opinions of any one member. We know not
what those facts are; the gentleman declines stating them. I do think,
as the subject now strikes me, that the conviction of any one member of
the propriety of this measure cannot warrant the interposition of the
House. Instead of taking the individual opinion of a member, it ought to
be stated that certain facts exist, which, if proved, will justify an
impeachment. I do not know whether these ideas are not incorrect, having
never before contemplated, or had a suspicion that such a motion would be
made.
As to the remarks of the gentleman from Pennsylvania, I do not consider
them as entitled to much weight. If the facts stated by him were of
his personal knowledge, they would undoubtedly merit attention. But he
merely states that which he has received from others, and which amounts
to nothing more than that the judge refused liberty to the counsel to
argue a point of law after it was decided, and confined their argument
to facts. In so doing the judge may have erred, but it was an error
of judgment, for which he cannot be impeached. No lawyer will perhaps
say that it was not the province of the judge to decide the law, and
that he has not the right to prevent counsel from arguing it after his
mind is made up. But this information is not of the knowledge of the
gentleman. Are we then to institute an inquiry into the conduct of a
high officer of the Government merely on hearsay? This has never been
done under our Government. In the late case of Judge Pickering proof was
furnished by the affidavits of witnesses testifying certain facts. I do
not therefore consider it correct to proceed to inquire on the opinion
of any gentleman. The proper course is first to have proofs which will
justify ourselves to our own consciences in making the inquiry--for we
ought not to touch the character of a judge, unless we are satisfied from
facts that there is good reason for an investigation into his conduct.
Gentlemen will not say that making an inquiry into the official conduct
of a judge does not touch his character.
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