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. SMILIE.--When the motion now under consideration was made yesterday,
I should have felt surprised at the course which the debate took, had
I not often witnessed such things in former times. It seems to be
considered as improper that a gentleman should bring forward a motion
for an inquiry into the official conduct of a public officer, and expect
the House to comply with his request, unless he should at the same time
produce such evidence as shall prove the facts charged. If this course of
proceeding be correct, I have ever been in error. What does the gentleman
from Virginia ask? Suppose he has taken exception to the conduct of the
judge from some facts which have come to his own knowledge. Under such
circumstances it will be allowed that it is the duty of the House to make
the inquiry. When the question shall be whether an impeachment shall be
preferred, it will be proper that evidence should be produced. But now
only a committee is asked to receive evidence, and to determine whether
it be such as in their opinion will afford grounds for an impeachment.
It is impossible for me to conceive any way that can be pursued which
will be more favorable to the person whose character is implicated, than
that which is proposed. It is merely to inquire whether such facts can
be sustained as will afford grounds for an impeachment. Certainly in
this stage of the business it is not necessary to produce evidence to
the House, as the House are not competent to receive testimony, which
a committee is. It is a rule of this House that so much respect is due
to a member, that if he states that he possesses information proper to
be communicated to the House, but which in his opinion ought not to be
done but with closed doors, that, in such case, the doors shall be shut
without any vote of the House.
Surely, then, on the request of a member for a committee of inquiry, that
measure ought to be adopted. This, in my opinion, is the best course
that can be pursued for the person implicated. There is, it is true,
thereby expressed an opinion of some one member that this judge has done
wrong. So far his character is implicated; this is the only possible
way in which it is implicated. The committee are to inquire whether
there are grounds for an impeachment or not. If they report that there
are not grounds, the accusation will be dismissed; and if the report is
that there are grounds, the House will at once perceive the necessity of
taking this step to ascertain their existence.
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