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 conceive that the act of this House, in voting for a committee of
inquiry, is equivalent to the expression of the opinion that they have
evidence of the probable grounds of the guilt of the judge. The gentleman
from Virginia has told us that the powers of this House are, in some
degree, like those of a grand jury. I agree that they have all the
powers of a grand jury, and it is on this ground that I deny the power
now contended for. I say that a grand jury has no right to send for
testimony: they have only a right to receive testimony from any one of
their body, and to receive such witnesses as the court may send them. If,
then, there be evidence in the present case, let us act upon it, even
though it be _ex parte_, and although that might, perhaps, be going too
far.
I repeat it, I have heard no statement satisfactory to my mind that there
are probable grounds for proceeding in this business. It is true, the
gentleman from Pennsylvania has made a statement, but that statement
appears to me to depend not so much on facts as on opinions; and it
is not my wish to decide on the propriety of the conduct of the judge
until the facts are before us. It is certain that a judge has a right to
control counsel, and to say when his mind is made up, while it is also
his duty to hear the allegations that shall be made.
In addition to these reasons for a postponement, I am also in favor of
it, because, whenever a sincere desire exists to gain information, which
can only be done by allowing further time, I shall always be in favor of
it, when no material injury can result from the indulgence.
Mr. MOTT.--I am in favor of the postponement, because I wish time for
consideration, and because I am against the resolution itself. I think
it is improper to go into such an inquiry before specific charges are
laid before the House, when it will be proper for the House to consider
whether those charges are sufficient to sustain an impeachment; then it
will be proper to proceed, and not till then. No charges have yet been
laid before the House: we have only been told by one member that he is
satisfied sufficient grounds exist.
Public-domain text, read in full here on John Shaqi.
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