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
The present resolution is nothing more than this: A certain officer of
the Government is charged, in the face of the nation, with malfeasance
in office, and a committee appointed to inquire into the truth of the
charge. Gentlemen allege that the committee is to be appointed to inquire
what accusations can be found, and then for testimony to sustain them.
But this is not so. The accusations have been long since made, and they
are not of a day, but of a year’s standing.
The analogy between the functions of this House and a grand jury, is
correct and forcible. Before a grand jury, it is the right of any
individual to apply for and demand an inquiry into the conduct of any
person within their cognizance; and it is more especially the right of
any member of the jury to make such a demand; and it is their bounden
duty, according to their oaths, to make the inquiry when so demanded.
The official conduct of the judges I view as more delicate and
important than that of any other description of officers; for, on their
impartiality the whole people of the United States depend for obtaining
justice in ordinary cases, and individuals depend, in the last resort,
for the preservation of their lives. Their official conduct should,
therefore, not only be correct, but likewise free from suspicion. Simply
to be charged ought to produce an inquiry; and I must confess that a
recent case, in which the integrity of a judicial officer was impeached,
excited my warmest approbation. I mean the case of a judge (Judge Tucker)
in a neighboring State, who, on a suggestion believed by no man, deemed
it a duty to himself and his country to demand an inquiry into his
conduct.
Another view, by no means unimportant, which may be taken, is, that the
reputation of the Government, of which the judges are a component part,
demands the inquiry in question. Will any gentleman pretend to say that
reputation is not at stake,--that it is not affected at home or abroad
by the charges which have been so long and so loudly made? I presume not.
Whether those charges are true or not, is not the question; for, whether
true or not, so long as they are generally believed, the reputation of
the Government is affected; its reputation for impartial justice is
affected, and deeply too. To refuse this inquiry would be to give weight
to this impression abroad--to add to the suspicion, at home and abroad,
that impartial justice is not done to all men. Let us, then, make the
inquiry, and restore the reputation of the Government, by inflicting a
proper punishment upon these officers, if guilty, and, if innocent, by
proving the charges against them calumnies.
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