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 concluded by saying, that in this affair he threw party
considerations entirely out of view. He was personally unacquainted with
Judge Chase, and if there was a single affidavit of his misconduct, the
appointment of the committee of inquiry should have his vote; but that,
under the circumstances attending it, he considered the measure improper
in every point of view in which he could consider it.
Mr. FINDLAY observed, that though the abstract right of the members
to move for an inquiry into the conduct of public officers, in order
to find whether presumptions against their character afforded ground
for impeachment, was not expressly denied, yet the manner in which the
opposition to the present resolution was conducted was equal to denying
the right. He trusted, however, that the House would support this right,
as it was one of the most important of any with which they were vested.
It grew out of the power of impeachment, and it was necessary for the
exercise of that power, and was justified by precedents. By the rules of
the House any member has a right to have the doors shut, in order to move
such a resolution as he thinks proper. This has been usual in cases of
impeachment in Britain, from which we derive the forms of impeachment.
There it has been common to shut the doors, and for a member to move for
an impeachment of a public officer, and to procure the officer impeached
to be taken into custody before there was time or opportunity to take
any other testimony than the information stated by the member who moved
the resolution, probably supported by public fame. Taking the party into
custody was necessary to the circumstances of that country and the extent
of punishment, which might not only affect the liberty and property, but
even the life of the party found guilty. It was necessary, because of the
influence of the powerful nobility, who might have it in their power to
stand in their defence; but, as all the penalties in the power of this
Government to inflict by impeachment only affect the official trust and
character, taking into custody is unnecessary.
He observed, that the arguments in opposition to the resolution turned
chiefly on the ground of expediency and of precedent.
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