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 gentleman had asked why this charge had been suffered to rest so
long? The facts upon which it was made were said to have taken place in
1800. Mr. N. thought it would be fair to reply to the gentleman that,
possibly, he himself had, in some measure, accounted for the delay; the
proper time had not before arrived. But if the act upon which the charge
was grounded was criminal at that day, was it less so now? If Justice had
slept so long, did it follow that she was dead? He hoped and trusted not.
Though she had lain dormant till she was almost trampled to death, she
was again roused to her accustomed vigilance, would pursue her victims,
and drag them to punishment. The day of retribution, he hoped, was at
hand.
The gentleman from Connecticut had declared that the proposed course
was not warranted by precedent. He had noticed, but had not explained
away, the precedents introduced by the gentleman from Pennsylvania,
(Mr. FINDLAY.) His own precedent, derived from the impeachment of Mr.
Hastings, instead of being in his favor, was directly against him.
In that case it was not pretended that the proof was before the House
of Commons. Mr. Burke had derived his information from certain papers
relative to Indian affairs, which some years before had been produced and
referred to a select committee. In the year 1786, Mr. Burke rose in his
place, not as a member of that committee, and charged Warren Hastings
with high crimes and misdemeanors. About the same time he presented a
written paper containing a specification of these charges. But this was
not the impeachment. The written paper stated that as Governor General
of Bengal he had disobeyed the instructions of the court of directors;
that he had acknowledged himself perfectly acquainted with their wishes,
but instead of obeying, had used his utmost endeavors to defeat them; and
much more of an important nature. This he moved might be referred to a
Committee of the whole House, in order that an inquiry might be made; and
there was not a single dissenting voice. He did not adduce the proofs in
the first instance, but stated his opinions that Mr. Hastings’s conduct
had been criminal, and demanded an inquiry. The Commons of England did
not hesitate--they instantly resolved to inquire. No one was heard to
declare that there was no charge, because there was no proof. Witnesses
were brought to the bar and there examined by a Committee of the Whole,
in support of the charges; nor was there a motion to impeach until the
testimony was gone through. On the contrary, the facts proved were
reported by the Committee of the Whole, who likewise expressed an opinion
that Warren Hastings had been guilty of high crimes and misdemeanors,
and ought to be impeached. The impeachment therefore was not upon the
motion of Mr. Burke, but upon the report of a committee, who under the
instruction of the House had made an inquiry.
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