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
This House, like the Commons of England, and the most numerous branch
in the State Legislatures, is the grand inquest of the nation; they are
to inquire into crimes and bring offenders to justice. It had not, he
said, heretofore been customary for this House to appoint a committee of
grievances and courts of justice, but he believed no man would deny the
power, and when appointed they would not only have the authority proposed
to be in this committee, but one infinitely more extensive. They would
have the right to inquire into the conduct of all civil officers, and to
report such facts as might come to their knowledge. If, then, we could
with propriety, and agreeably to precedent, authorize an inquiry into
the conduct of several hundred officers, could it be denied that the
same precedent would warrant an inquiry into the conduct of two only? In
5th _Comyn’s Digest_, page 204, it would be found that a committee of
grievances and justice was one of their standing committees, and in page
205 it was declared that they might “summon any judges and examine them
in person upon complaint of any misdemeanor in office.” He presumed it
had not been thought necessary heretofore to appoint a general committee
of this kind, but at present the necessity was apparent, as a complaint
had been made to the House of the official misconduct of two judges.
Again, in the same book, page 209, it is said, “The Commons are the
general inquisitors of the realm, and therefore if a Lord, spiritual or
temporal, commit oppression, bribery, extortion, &c., the Commons shall
inquire of it, and if, by the vote of the House, the crime appears to
have been committed, they transmit it, with the evidence, to the Lords.”
This, he said, would clearly show, what indeed he thought common sense
would teach every man, that the inquiry should be made before proof was
exhibited upon which an impeachment was to be grounded. In the same page
it would be seen that “common fame is a sufficient ground of a proceeding
in the House of Commons by inquiry, or by a complaint, if need be, to
the King or Lords.” And _Rushworth’s Historical Collection_, page 217,
is cited, it is said, by some of the ablest lawyers of that day that “if
common fame were not to be admitted as public accusers, great men would
be the only safe ones, as no private man would venture to complain of
them.” Mr. N. referred to these authorities at that particular stage of
the discussion, as he was desirous of giving gentlemen an opportunity of
commenting upon them. As he had no wish to prolong the debate, he would
not multiply observations upon that point, but could not sit down without
noticing what had fallen from a gentleman from Massachusetts, in which he
had again attempted to vindicate the conduct of the judges upon the trial
of Fries.
Public-domain text, read in full here on John Shaqi.
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