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
The power of this House has been asserted to be similar to that of a
grand jury; this seems to be conceded on both sides, but though it bears
a resemblance, it was not strictly so--it was more extensive. Grand
juries were authorized to present such indictments or such complaint or
information as were submitted to them by the Attorney General, or which
they knew of their own knowledge. The attorney also inquires if there
is probable ground for the complaint, and brings the witnesses before
the jury, who examine them to establish the facts alleged; but this
House has no officers authorized to make inquiry and bring forward the
business in due form; therefore the House possess both the power of the
Attorney General and the grand jury, with relation to impeachment; for
where a power of decision is given, all the powers necessary to carry
that decision into effect are implied. The making inquiry, procuring
witnesses, or other testimony, and preparing the case in due form, is the
object of the resolution; and if the House does not do it in this or some
other such method, there is no other agent authorized to do it.
With respect to precedent and parliamentary usage, Mr. F. said he had
formerly examined many, but was not prepared to state them at this
time, and did not think them necessary on this occasion. In all the
examples of impeachment by the British Parliament, from the reign of
Henry VIII., when parliamentary power was reduced to a mere shadow, till
the present time, when the parliamentary power has been amply enlarged
and established, and their proceedings become more uniform, there will
be shades of difference found in all of them, arising from various
circumstances; we have few precedents of our own, and of these few none
of them apply to the present case. It is the constitutional duty of this
House to impeach, when impeachment is necessary, and of the Senate to
decide on impeachments; but with respect to the manner in which each
House should proceed, they are not trammelled by forms nor entangled in
precedents.
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