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
One or two remarks upon the allusions that have been made to my
observation, that we are about to assume censorial and inquisitorial
powers, and I will dismiss the subject. What is the language of the
resolution? Without the allegation of a single fact, it constitutes
a committee to inquire whether the judges have not so acted in their
official capacity as to render necessary the interposition of the
constitutional powers of this House. The expression is unequivocal;
the allusion to the power of impeachment is perfectly obvious. This is
what is called a _petitio principii_; it takes for granted, at least
in some degree, what remains to be proved, that the conduct of the
judges has been improper and illegal. Else why adopt a language which
implies suspicion and censure? But gentlemen are alarmed at the epithet
inquisitorial, and imagination teems with the horrors of the Spanish
Inquisition. If the creation of this committee be an unauthorized act, if
in creating it we transcend those limits which we ought, by a reasonable
construction of the constitution, to set to our own powers, it instantly
becomes inquisitorial in its nature and in its operation. We must
delegate to it more than general powers. We must authorize it to send for
persons, and probably for papers and records. The proposition is hostile
to republican principles, and, as a republican, I cannot give my vote in
its favor.
Mr. HOLLAND.--When I before addressed the House on this subject, I had no
doubt of the charge being sufficiently explicit to found an inquiry into
the conduct of the judges. My only doubt was whether it was proper to
proceed without affidavit. Since yesterday I have reflected on the course
pursued in similar cases; and I will state to the House the proceedings
adopted in two or three cases in the Legislature of which I was a member.
In the year 1796, a charge was preferred against certain judges of the
State of North Carolina for illegally extending their power. A committee
was appointed to inquire into their conduct, and the result was, that the
judges had exiled certain persons from the State. The proceedings did not
go so far as an impeachment; for the judges wrote an explanatory letter,
which gave satisfaction, and they were acquitted with honor. The other
charge, to which I have alluded, was against the board of army accounts;
that also was referred to a committee. The last case is the most recent.
A suspicion existed that the Secretary of State had been guilty of
misconduct. A letter had been received by the Governor from some citizens
to that effect; in consequence of which, and of other corroborating
circumstances, the Legislature appointed a committee of inquiry, of which
I had the honor to be a member. That committee was empowered to send for
persons and papers. There was no specific charge, but an impeachment was
contemplated, if the officer should appear to be guilty. The Secretary
Public-domain text, read in full here on John Shaqi.
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