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
We have, in the course of this debate, been frequently called upon
for precedents, and been told, that, when found, they ought to
be adhered to. In a country from which we are accustomed to draw
precedents--England--common report has been considered as a sufficient
authority for similar inquiries. We do not, however, ask for an inquiry
in this case on common report, but on the declaration of a member of
this House, made in his place. Suppose there was no such declaration,
has not a common report, from Maine to Georgia, condemned the conduct
of the judge in the case of Fries and others, at Philadelphia, in the
case of a grand jury in Delaware, whom he directed to inquire for
seditious practices, and in the case of Callender, in Virginia? Has
not the general sentiment of the country charged him with having, in
these cases, abused his powers as a judge by tyrannizing over those who
were brought before him? If we possess the right to inquire, on common
report, surely we ought to institute this inquiry on the prevalence of
so general a sentiment. To such an inquiry I would unhesitatingly agree,
if the character of the President were implicated, the opinion of the
gentleman from Vermont to the contrary notwithstanding. I would likewise
agree to make the same inquiry in any other case; because the inquiry
would redound to the honor of the individual implicated, if innocent; and
because, if guilty, he ought to be punished.
I am sorry my friend from Pennsylvania stated any facts, as I do not
consider it necessary that the House should be acquainted with any facts
to make this inquiry; and because I think the facts, stated as grounds
of impeachment, are not such as will warrant an impeachment. I have
always understood that it was the right of a judge to expound the law,
and I have known frequent instances where the court have refused the
counsel the liberty of discussing the law on points on which they have
made up their minds. While I am free to declare that the conduct of the
court in the trial of Fries is not, in my opinion, such as to require
an impeachment, yet I am in favor of instituting the inquiry. But, say
gentlemen, by the passage of this resolution, we shall censure the judge.
I believe not. If I believed so, I would first require testimony; for I
hold it a good principle, that no man ought to be condemned until he has
been heard. In my opinion, this resolution will have no such tendency;
as, if the judge has not been guilty of misconduct, the inquiry will
redound to his honor, and as it is the duty of a virtuous man to demand
an inquiry whenever charged with an offence.
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