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
To inquire into the conduct of the judges when confidence is evidently
wanting, is the only true way to secure the respectability of the
Judiciary. If that necessary confidence is withdrawn without cause,
an official inquiry will restore confidence and the usefulness of the
judges. This observation is supported by precedent and parliamentary
usage. In that country from which precedents are so frequently sought,
one precedent offers itself to recollection. In the year 1730, a
committee of the British House of Commons was appointed to examine the
jails. In the course of examination, the committee discovered that
Sir Robert Eyres, Chief Justice of the Common Pleas, a judge of very
respectable character, was suspected, not of tyranny on the bench, or
of putting any man’s life in jeopardy, but of having held an improper
correspondence with a person confined for crime or misdemeanor, and this
suspicion chiefly supported by anonymous letters. A committee of the
House of Commons were appointed to make inquiry, and it was found, to the
satisfaction of the committee and of the people, that the allegations on
which the suspicion was founded were false, and the judge’s character was
vindicated and restored.
Mr. F. said this precedent applied well to the present case. If the
judges mentioned in the resolution had done their duty, their characters
would be vindicated by the inquiry, and the public confidence in their
integrity restored; if they were guilty, and not entitled to confidence,
they ought to be removed from office, and neither the one nor the other
could be done unless the inquiry proposed was authorized.
He said that the inquiry was necessary to secure the purity, honor,
and usefulness of the Judiciary Department. If that House refused
or neglected to exert the powers vested therein for securing public
confidence in the Judiciary, unprincipled men would find means of
recommending themselves to appointments, and would vitiate the streams
where justice is expected to flow, and the citizens would be oppressed
without the means or hopes of redress, and would feel the effects of
tyrannical power in the administration of a government which, in its
other departments, was the greatest and best of any in the world. Let
proper inquiries be made where they are necessary; let the character of
judges unjustly charged be vindicated, and the vicious and unworthy be
removed, and improper characters will cease to intrude themselves; their
friends will not dare to recommend, and Congress will have confidence
that the laws which they pass will be applied agreeably to their genuine
principles, to the protection and ease of the citizens; if we do not
provide for this, we had better cease to make laws.
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