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
Mr. ELLIOT.--When, in the course of a late debate in this House, it was
observed that a member had advanced an anti-republican sentiment, the
supposed imputation was repelled by the remark, that the gentleman to
whom allusion had been made, had passed a political ordeal which few
had experienced, and which ought to place his character as a republican
above the reach of suspicion. I have myself suffered an ordeal of that
description, under circumstances of gloom and depression which have
fallen to the lot of but few young men of this country; and I am far
from being confident that one ordeal only will fill up the measure of
my humble fortune. A more anti-republican resolution than the one upon
your table, sir, I think I never saw. Reflection has confirmed me in
the opinion which I expressed yesterday, that it is unprecedented,
unparliamentary, and tends to the assumption, on the part of this House,
of a censorial and inquisitorial power over the Judiciary, unwarranted
by the constitution. The intention and object of the mover, however,
must have been extremely different; the motive is pure and the object
meritorious; but that honorable gentleman, with all his talents and
discernment, has, in my opinion, fallen into an error. I believe it a
sound principle, that no official measures should be taken to censure or
criminate the conduct of a public officer, until facts shall be stated
which amount to a specific and definite charge of misconduct. In the
present instance we have no written allegations, and what is the amount
of the verbal information with which we are furnished? A gentleman from
Pennsylvania has stated in his place that _he has heard_ that some one of
the judges, whose name appears in the resolution, was guilty of improper
and oppressive conduct, in the exercise of his judicial functions, on a
trial for treason some years since. And a gentleman from Virginia has
stated that he has received information which induces him to believe that
the inquiry he demands will lead to an impeachment. Is it our duty to
act upon the vague rumors of common fame, or the opinions of individual
members?
The resolution under consideration has been materially altered this
morning, and I gave my vote for the alteration, because I believed that
the misconduct of a court ought not to be attributed to a single judge.
Public-domain text, read in full here on John Shaqi.
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