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
Allusions have repeatedly been made to a remark of mine in the debate
of yesterday, that this House is the grand inquest of the nation. It
has been asked, if a grand jury were informed that a murder has been
committed, would they not send for evidence to ascertain the fact? We
are the grand inquest of the nation, and our practice ought, in many
respects, to be analogous to that of grand juries; but in becoming
that inquest, we do not entirely lose our deliberative and legislative
character. I believe it would be descending from the dignity of our
station, to listen to the murmurs of general rumor, and seek for guilt.
I have heard that one of the judges whom we are called upon to censure,
when in the exercise of his judicial functions, inquired of a jury, “Is
there no sedition here? Are there no seditious newspapers within your
jurisdiction?” I am ignorant whether this report be or be not founded on
fact. But if it be true, let me ask, shall we not pursue a similar course
by adopting the present resolution? Shall we not authorize a committee
to inquire, Is there no judicial guilt abroad in our land? Is there no
latent inquiry in some unexplored corner of our country? A grand jury
is sworn diligently to inquire, and true presentment make, of all such
offences against the laws of the land, as shall come to their knowledge.
Have we taken such an oath? Are we under such obligations? And are we not
about to attach to ourselves that character which gentlemen tell us is so
odious, the character of common informers? I am under no fears that the
stream of justice, which ought to be so pure, will become turbid, from
a want of accusers, when our judges shall be guilty of crimes. When our
courts shall become corrupt and despotic, patriotic motives will induce
our citizens to bring forward accusations. I am also sensible of the
propriety and force of the observation of the gentleman from Connecticut,
(Mr. R. GRISWOLD,) that the trial in question was a transaction of great
publicity, and all its circumstances must have been known to thousands of
our citizens. This induces me to believe that the conduct of the court
was not so oppressive and despotic as is now represented. Why has this
awful charge slumbered so long?
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