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. LOWNDES.--Were I to be governed by considerations other than those
resulting from a sense of duty, I should vote for this resolution, as
I believe it would afford the character implicated the readiest mode
of vindication. But I do not feel so high a respect for the opinion of
any one member as to give up my opinion to his, as to the course most
proper to be pursued on this occasion. The gentleman who has offered this
resolution says, that the facts on which it is founded are within his own
knowledge. Let the gentleman then lay them before the House. Otherwise we
shall legislate, not on the facts before us, but merely on the opinion
of a single member, on facts only known to himself. We are told that
this motion is founded on the statement of an honorable gentleman from
Pennsylvania. What is that statement? That one of the counsel in the
trial of Fries informed him that the judge declared the counsel had no
right to argue a point of law after the mind of the court was made up. I
ask if any gentleman is prepared to say that the judge was wrong? I am
not prepared to say so. While, too, I am unwilling to detract from the
respect due to the statement of the gentleman from Pennsylvania, I am
equally unwilling to subscribe to his opinions. He may have misconceived
the information communicated to him. It is said that it is necessary to
preserve pure the streams of justice. I agree in this remark, and I say
that the resolution on the table goes to destroy the independence of the
judges, and of consequence to pollute the streams of justice; to make the
judges the flexible tools of this House. It is impossible that under such
circumstances men of talents and integrity will take seats on the bench,
when their character shall be liable to be scrutinized without any facts
being previously adduced.
I think it absolutely necessary that this resolution should not pass. For
if it passes, it will establish a precedent that any member may procure
an investigating committee to inquire into the conduct of any executive
or judicial officer merely upon his opinion, unsupported by facts, that
such an inquiry is necessary. Suppose parties to be nearly equally
divided; a member has only to propose an inquiry into the conduct of any
officer to whom he may feel inimical, and thereby throw a cloud upon his
character, and render him the object of suspicion. Thus do I fear that
this precedent will furnish the instrument of vengeance of one party
against another. The price we pay for our liberties is the existence
of parties among us; but it becomes us rather to restrain than to
invigorate their passions. If we establish this precedent we shall render
impeachment so easy, as greatly to facilitate the means of oppression.
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