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. ELLIOT.--When the yeas and nays are called, I shall on every occasion
rise in favor of taking them. I wish the votes I give in this House
entered on the Journal, and known to every citizen of America. The more I
contemplate the course pursued on this occasion, the more extraordinary
and unprecedented it appears to me. The gentleman from Virginia rose,
and, after an elegant exordium, stating that the streams of justice
should be preserved pure, and other fine things, told us that he had
received information of facts that convinced his mind that an inquiry
ought to be made into the conduct of a judge. Suppose the gentleman, on
facts known to himself, had stated his opinion, that an inquiry ought
to be made into the conduct of the President of the United States; we
have the same right to impeach the President as a judge. If the inquiry
would be improper in the one instance, without facts being adduced,
it would be equally so in the other. For we possess no censorial or
inquisitorial powers over the conduct of the judges of the Supreme Court.
If Judge Chase has been guilty of misconduct, let it be stated. If that
misconduct be of a private nature, let the House assume the character
of a grand jury, hold private sittings, receive evidence, and determine
whether the judge shall be impeached or not. The gentleman asks whether
a grand jury in the case of a charge of murder can send for persons.
Undoubtedly they can. But did gentlemen ever hear of their appointing
a committee to inquire whether a man charged with a partial offence
ought to be indicted? We are called on as the grand inquisitors of the
nation, to appoint an inquisitorial committee to get evidence; for it is
granted that as yet we have none. I believe that no committee of this
nature ought to be constituted, without previously ascertaining facts
that will warrant the delegation of such great power. No accusation,
even, is before us; but we are called upon to appoint a committee to
look one up--a committee to be invested with power to send for persons
and papers--a committee to inquire in private. I will never consent to
the appointment of such a committee, until facts that will justify the
inquiry are stated.
The facts adduced by the gentleman from Pennsylvania, if proved, could
not induce me to believe that the judge is impeachable. I may suspect
that his conduct was erroneous and improper, but I cannot conceive it
proper to impeach a single judge for the act of the court. Believing,
therefore, this conduct unprecedented, unparliamentary, and replete with
improprieties; believing it novel; believing that, in an affair of so
much consequence, we ought not to proceed with precipitation; believing
that we are entitled to demand one day to reflect upon it--I am proud,
on this occasion, to record my vote in favor of the postponement until
to-morrow; and if it were for a week, I should with equal pride and
pleasure vote for it.
Mr. HOLLAND moved an adjournment.
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