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
Another ground of resistance is taken. It is said there are precedents
for this proceeding. I believe that all precedents must have an origin;
and that one person has as good a right to establish them as another.
Our Government is young, and only two cases of impeachment have occurred
under it. Most of our precedents respecting parliamentary proceedings are
borrowed from England, and, if precedents are necessary in this affair,
we must resort to that country for them. My opinion is that they are not
necessary, and that common sense and the reason of the thing are all
that are necessary to guide our decision in this case. There is, however,
in the British annals, no deficiency of precedents. The first I shall
mention is to be found in the case of the Earl of Strafford. I may be
told that this precedent was established in turbulent times: I may also
be told of the improper mode of proceeding. I do not pretend to vindicate
the whole course of procedure. I think it was wrong. But with regard to
the first stages of the business, I believe them to have been correct. It
will be seen that, in that instance, a more direct mode was pursued than
is proposed in the present case.
The precedent I allude to will be found in Hume’s History, vol. 2,
page 249. That historian says,--“A concerted attack was made upon the
Earl of Strafford in the House of Commons. It was led by Pym, who,
after expatiating on a long list of popular grievances, added, ‘we must
inquire from what fountain these waters of bitterness flow; and though,
doubtless, many evil councillors will be found to have contributed their
endeavors, yet is there one who challenges the infamous pre-eminence,
and who, by his courage, enterprise, and capacity, is entitled to the
first place among these betrayers of their country. He is the Earl of
Strafford, the Lieutenant of Ireland, and President of the Council of
York, who, in both places, and in all other provinces where he has been
intrusted with authority, has raised ample monuments of tyranny, and
will appear, from a survey of his actions, to be the chief promoter of
every arbitrary council.’ Many others entered into the same topics, and
it was moved that Strafford should be impeached. Lord Falkland alone,
though the known enemy of Strafford, entreated the House not to act with
precipitation. But Pym replied that delay would blast all their hopes;
without further debate the impeachment was voted, and Pym was chosen to
carry it up to the Lords.”
In this case it does not appear that any evidence was called for; a
member of the House of Commons got up and declared his opinion of that
officer, and the same session an impeachment was voted. This course of
proceeding is very different from that now proposed. I will now refer to
a more modern precedent which at the time does not appear to have been
objected to. It occurred in the reign of George I., and will be found
stated in Russel’s “Modern Europe,” vol. 4, page 398.
Public-domain text, read in full here on John Shaqi.
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