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
I feel it my duty, Mr. Speaker, to remark, that the information which
is possessed by the members of this House, respecting the conduct of
those judges, is extremely contradictory. No gentleman has told us that
he possesses personal knowledge of the misconduct imputed to those
officers; and I possess information on the subject, derived soon after
the transaction, from a source which I considered as authentic, and which
produced so deep an impression upon my mind, that I should scarcely
abandon my belief of its authenticity, even from the general recollection
of persons who were present at the scene. I understand that the judges
did nothing more or less than decide a legal question in a legal manner.
They did not interdict the counsel for the prisoner from examining
a question of law, but they restricted them to what they considered
as their legal and constitutional limits. They told them that the
constitution of our country had clearly and explicitly defined the crime
of treason, and confined them to the plain field of the constitution,
inhibiting them from a resort to British authorities to prove that to be
treason which the constitution of our country had not made treason, or to
prove that what our constitution had made treason, was not recognized as
such by foreign precedents. This statement may be incorrect, and, if it
be correct, the conduct of the judges may have been improper and severe,
but it cannot justify an impeachment. And if the court went farther,
interrupted the counsel for the prisoner, informed them that it was the
province of the court to determine points of law, declared that their
opinion was fixed upon those points, and even forbade the counsel to
prolong their arguments upon them, it might still be questionable whether
the conduct of the court rendered its members liable to impeachment. A
venerable gentleman from Pennsylvania, (Mr. FINDLAY,) who has long been
in the service of his country, has been incorrect in stating that I had
observed that I would never go into the inquiry without evidence; that
incorrectness must have been unintentional; if I used an expression of
that description, it was a _lapsus linguæ_: but I am confident that I
said, and I am certain that I intended to say, that I thought it improper
to institute the inquiry until some fact or facts should be stated as a
ground of accusation. A gentleman from Virginia (Mr. JACKSON) has told us
that common fame is sufficient ground for impeachment in Great Britain.
That gentleman has not adduced his authorities for this proposition, and,
had he adduced them, I am confident they would not have answered his
purpose, when contemplated in all their bearings, when examined with all
their qualifications. The same gentleman also observed, if I understood
him correctly, that were he satisfied that the conduct of the judges, in
the case alluded to, was legal and correct, he would still vote for the
inquiry. To me this declaration appears extraordinary. Why vote for an
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