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
inquiry when satisfied that no criminality existed?
A gentleman from Pennsylvania, (Mr. SMILIE,) who contends that there is
no necessity for precedent in the present instance, as we are competent
to form precedents for ourselves, has yet thought proper to explore
the books for precedents, and has presented us with the result of his
labors. To guide our conduct on the present occasion, we are referred
to the case of the Earl of Strafford, over whose tomb genius and virtue
love to mourn, and will mourn in future ages! It cannot be possible
that that gentleman wishes to recommend for our imitation that flagrant
perversion of every principle of law and justice, that cruel catastrophe!
A gloomy and terrible precedent, one of the most dark and disgraceful
in the British annals, and utterly unsusceptible of application to
the principles of a Republican form of Government. The gentleman from
Maryland, (Mr. NICHOLSON,) to whom I listened with peculiar pleasure, and
who has certainly displayed ingenuity, has been equally unfortunate in
his selection of precedents, and in his application of them to the case
under consideration. He has cited cases, which, by his own statement,
militate against the principles he assumes. We are first presented
with the celebrated case of Warren Hastings. In that case, a member
rose in his place, and, after accusing Hastings of high crimes and
misdemeanors, exhibited specific charges of malconduct, in consequence
of which an inquiry was instituted. Here is a solid basis, and the very
basis which is wanting on the present occasion, upon which to erect
the superstructure of impeachment. That gentleman has also mentioned
a resolution introduced by himself in a former Congress, which was
expressed in general terms, and directed to general objects, and of
course was perfectly dissimilar to the present one.
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