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 Judiciaries in all the States of the Union are rendered less or more
independent; some are appointed for shorter and some for longer periods.
In New Jersey, they are appointed for seven years; they were so in
Pennsylvania formerly; since the revision of the constitution they are
appointed during good behavior; they are, however, subjected not only
to removal by impeachment, but also by the vote of two-thirds of each
House, for any cause which the House do not think a sufficient cause of
impeachment; but in the Federal Government there is no method provided
for removing them for the most scandalous indiscretions or incapacity,
as even when they may unfortunately be under mental derangement, except
by impeachment, which is inapplicable to official crimes, and conducted
with tedious forms. The power of impeaching being the only shield
provided by the Government for the protection of the citizens from
judicial oppression, and this House being the only constitutional organ
for obtaining information of official excesses, and bringing forward
articles of impeachment, ought not to bind up their own hands from doing
their duty, and this they will do if they reject the resolution now on
the table.
But while the gentlemen consider the character of these judges so sacred
that their conduct cannot be inquired into, notwithstanding such proofs
of want of confidence in them, and that as a gentleman near me from South
Carolina (Mr. LOWNDES) has said that he is afraid of impeachment, and
grounds his fears on the incapacity or the unfitness of the members of
this House, or because the members of this House may abuse the power;
Mr. F. asked, were not the members of this House selected and qualified
for the discharge of this necessary duty? Were they not appointed by a
respectable authority as the judges? Were they not under a solemn oath
of office for the faithful discharge of this as well as every part of
their high trust? And were they not protected by special privileges and
protection during the discharge of their trust equally with the judges,
and their stations as respectable as the judges’? They are not only
protected from civil actions, but are not subjected to impeachment for
misbehavior in office as the judges are. They are, in their official
capacity, subjected only to the censure of public opinion. If this is
true, it is improper, it is impolitic, for the members of this House to
degrade their own character: it amounts to saying they are not capable
of discharging the trust they are solemnly bound to discharge, and
ought not to have been invested with. He knew, however, that this was
only introduced as an excuse for unwillingness. But the same gentleman
adds, as a reason for opposing the resolution, that he is not acquainted
with the history of the business. That is probably the case with him
and others, especially such as had not a seat in the last session of
Congress, or who resided at a great distance from the scene alluded to in
Public-domain text, read in full here on John Shaqi.
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