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. LEIB.--I am by no means an enemy to inquiry, but I am not a friend to
the partiality of this resolution. We are told that it is grounded on the
misconduct of the Circuit Court in Philadelphia on the trial of Fries.
If one judge of that court was guilty of misconduct, the other attending
judge must have been equally guilty. The conduct complained of was the
act of the court, and not of an individual judge. This resolution ought
therefore to embrace both the attending judges. My opinion is that both
are criminal, and ought to be brought to the bar of justice. I therefore
move an amendment of the resolution by introducing the name of Richard
Peters, so as to embrace an inquiry into the conduct of both judges, and
call for the yeas and nays on the amendment.
Mr. J. RANDOLPH.--I wish to state for the information of those gentlemen
who were not in the last Congress, that the gentleman from Pennsylvania,
whose statement, thus made, is the groundwork of the present inquiry,
did not offer any matter which tended to impeach the conduct of Mr.
Peters, while there was a specific charge of misconduct brought against
the other judge. In consequence of this charge I conceived it my duty to
make an inquiry into the official conduct of Judge Chase. I mention this
circumstance to show that however the charge of partiality may apply to
the resolution, it cannot apply to the mover.
Mr. LEIB.--I do not charge the mover with partiality, but the resolution
with embracing one judge instead of two. Judge Peters was on the bench
at the time. This outrage upon justice was the act of the court. How the
conduct, therefore, of one judge shall claim investigation, while that
of the other is passed over in silence, to me is mysterious. I think
impartial justice calls for an investigation into the conduct of both.
Mr. SMILIE said there could be no doubt that if the court was agreed,
Judge Peters had been equally guilty of misconduct. On the trial of
Fries, Mr. Chase presided, and Mr. Peters attended. If Judge Peters
concurred in the decision, he was equally culpable.
Mr. NICHOLSON.--This resolution is grounded upon a statement made
during the last session, by a member from Pennsylvania, implicating the
character of one of the justices of the Supreme Court. Upon information
thus given, my friend from Virginia has thought himself bound to bring
the business before the House, that an inquiry may be made into his
conduct. For myself I will never hesitate, I care not who the person
implicated may be, and however exalted his station, to give my vote for
inquiring into his official conduct, when a member of this House rises
in his place, and states that, in his opinion, he has been guilty of
misconduct. For this reason I shall vote for the amendment; it having
been stated by a member that Judge Peters was on the bench and did concur
with Judge Chase.
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