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
When this subject was first introduced, it appeared to me novel, and
that there were no precedents in point under the Federal Government. It
is time that this precedent should be established. It is time that every
officer should know that this House is ready at any time to inquire
into his official conduct, if charged with misbehavior; and instead of
declining the inquiry, in this instance, from a false delicacy to the
officer, it becomes the House to embrace the resolution and make the
inquiry. If evidence shall be collected, and it appears that there are
no grounds for impeachment, the officer will be restored to the public
confidence, and will be acquitted. If, on the other hand, it appears
that he has been guilty of malfeasance in office, a duty will be imposed
upon the House, from which they cannot recede, to bring him to trial.
Mr. THATCHER.--As gentlemen seem to consider the decision of the court
in the trial of Fries as unprecedented, I beg leave to refer them to
the cases of the United States _versus_ Vigol, and the same _versus_
Mitchell, 2 Dallas’s Reports, 346 to 357. They will find that the
decision of the court, in the case of Fries, was exactly conformable to
cases adjudged in 1795. Without troubling the House with the whole of
those cases, I beg leave to read the decision of the court in the last
case. “The charge of the court, says the reporter, was delivered to the
jury in substance as follows. Patterson justice. ‘The first question
to be considered is, what was the general object of the insurrection?
If its object was to suppress the excise offices, and to prevent the
execution of an act of Congress, by force and intimidation, the offence,
in legal estimation, is high treason: it is a usurpation of the authority
of Government; it is high treason by levying of war.’” The decision,
sir, is also conformable to the English authorities. The charge then
against Judge Chase and Judge Peters, after divesting it of the coloring
which imagination has given it, amounts to this--that, in the trial of
Fries for treason, the court prevented the counsel from arguing to the
jury against a point of law long settled by that and other courts of
the United States. I have attended closely to the statement made by the
gentleman from Pennsylvania, (Mr. SMILIE,) and I believe I am correct.
The very point which the counsel of Fries would have argued to the jury,
was that which had long before been settled by the courts of the United
States. I contend, sir, that this court did no more than they had a right
to do--no more than is practised by every well regulated court. They
prevented counsel from arguing law in the face of the authorities, and of
the opinion of the court. That this is usual, I appeal to gentlemen of
the law who are present. This, sir, is the only fact stated to the House
upon which the motion is founded.
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