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
I believe that the gentleman alluded to by the motion would rather court
than shrink from an investigation of his official conduct. I believe,
also, that it has become necessary, from the discussion of this day, that
an investigation should take place. I am not, therefore, prepared at this
time to say whether I shall not ultimately vote for an inquiry. But it
appears to me that the course proposed is inverting the natural order of
things, inasmuch as it institutes an inquiry not growing out of facts,
but for facts. I believe also that the facts stated, if authenticated,
will furnish no ground for an impeachment. Circumstances attending this
motion show that the gentleman from Virginia does not consider them as
a sufficient ground for an impeachment. The refusal to hear the point
of law discussed was the act of the court. Mr. Chase did not sit alone
on the bench. Another judge must have been associated with and have
concurred with him. If so, why does not the resolution allude to the
other judge? Why select one judge, when both are equally implicated in
the charges?
I believe the most parliamentary way would be for a gentleman to state,
in the form of a resolution, the grounds of impeachment, and then to
refer such a resolution to a select committee for investigation. In this
mode the House may correctly institute an inquiry, and send for persons
and papers. This is the only parliamentary mode of proceeding. In every
case where impeachments have been made, the facts have been stated in
a resolution, concluding with a motion for an impeachment. The House
possesses no censorial power over the judges, except as incidental to
the power of impeachment. If gentlemen are possessed of facts, why not
state them in the form of a resolution, and move an impeachment? Then, if
the facts appeared to me to warrant an impeachment, I would not object
to their going to a select committee, though I believe the most proper
course would be for the House to send for persons and papers, and to
examine for themselves. But it is extremely novel and unprecedented for
the House, without facts, to institute an inquiry into the character of a
high officer of the Government.
May they not, in the same way, extend their inquiry into the conduct of
every judge in the United States, without stating any facts on which the
inquiry is founded? For these reasons I shall vote for postponing the
further consideration of this resolution for one day, on account of the
importance and delicacy of the subject, and the serious deliberation it
is entitled to. I do not know whether, if sufficient time is allowed for
consideration, and I shall be convinced that this course is consistent
with parliamentary usage, I shall not be in favor of an investigation.
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