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
that the facts charged in an indictment for treason do not amount to
such a levying of war, or an adherence or aid to such enemies as would
constitute treason? Mr. R. said that the fact mentioned by the gentleman
from Pennsylvania was of a remarkable nature. He had never heard of a
similar proceeding, and he rejoiced that another instance of so black a
nature could not probably be furnished by any tribunal in this country.
The gentleman from Maryland, (Mr. DENNIS,) however, had entirely
abandoned the ground taken by his friend. He agrees that there is a
charge of an important nature exhibited, and if it was incorporated into
the resolution, and the inquiry confined to that subject only, he would
vote for it. The object of the one gentleman was only to confine the
inquiry, whilst that of his friend was to deny it altogether. He could
not thank the gentleman for his liberality. He would have what he asked
or nothing. He would never consent to confine the inquiry; if it could
not be full and free, let it be denied.
The gentleman from Maryland had, with very little dexterity, endeavored
to confound the resolution of inquiry with the articles of impeachment
which may follow from it, and said that if the House would consent to
confine the inquiry to any particular charge he would vote for it. It
was true that after articles of impeachment should have been exhibited
against the accused, the House would not be permitted to prefer any
new accusation, or to adduce testimony to prove any guilt other than
that which was charged in those articles. In the same manner as when
a criminal was indicted, evidence would not be suffered to be brought
forward to prove any act of criminality not contained in some one of the
counts of the indictment. But would gentlemen persist in confounding
things so entirely different, as to confine an incipient inquiry by the
same rigid rules which would govern a criminal trial? It was trifling
with the judgment of the House. The gentleman was eager for inquiring,
but the charge must be incorporated into the resolution, and the inquiry
confined to a specific point, before he could be brought to consent
to it. Whatever other misdemeanors might come to the knowledge of the
committee in the course of the investigation, he would not agree to have
them reported to the House. And at the same time he told them of the
struggle between his inclination and his sense of duty--his inclination
as a friend of the accused to grant the inquiry, his duty as a member of
the House and a friend of justice to refuse it. Mr. R. was sorry to find
the gentleman in this awkward predicament; he regretted that it was out
of his power to gratify him by narrowing the inquiry. This his duty would
not suffer him to do. He hoped, however, the strength of the gentleman’s
constitution would carry him through the arduous struggle in which he was
involved, by his wishes on the one hand, and his principles on the other.
Public-domain text, read in full here on John Shaqi.
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