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
I will first attend to some precedents mentioned by the gentleman
from Maryland, (Mr. NICHOLSON.) He has stated that it has been usual
in the English House of Commons to appoint a committee for courts of
justice, with power to inquire into the proceedings of courts, and for
this purpose to call persons before them for examination. But, sir,
is not such a committee appointed for general purposes, not directed
against any individual, and therefore not affecting the character of any
magistrate? Their powers relate to the judicial system generally, and
do not implicate any one of the judicial officers. Does the resolution
on the table propose a committee of this kind? On the contrary, it is
explicitly directed against two of the judges. If gentlemen would justify
their proceedings by the practice of the British House of Commons, let
the resolution be made to have a general reference to all the courts,
instead of being pointed, as it now is, against particular persons.
In its present form it departs essentially from the principle of the
case mentioned by the gentleman from Maryland, and therefore cannot be
warranted by that precedent.
The gentleman has also stated that a committee was appointed by
the last Congress to investigate the accounts of the officers of
Government, merely upon common report. But it should be remembered
that those officers were officers of the Executive Departments. It is
the acknowledged duty of such officers--it is made their duty by law
to give information to Congress, whenever required, upon any of their
public transactions. And it is the peculiar right of the House of
Representatives, as guardians of the Treasury, at any time, to inquire
into the expenditures of public money. But are the judges of the United
States placed in the same situation with the Executive officers? Are
they to be under the same control, and equally dependent? You may indeed
impeach the judges, if guilty of impeachable offence. But what other
power over them is given you by the constitution? It should further
be remembered, that the resolution for appointing the investigating
committee did not criminate any particular officer. At first it was
proposed to examine only the accounts of the former Secretary of
State. But upon its being suggested by a gentleman from Massachusetts,
(Mr. EUSTIS,) who has been so strenuous an advocate for the present
resolution, that it would be improper in that manner to attack the
character of a particular officer, the resolution was made general, and
extended to the accounts of all the Executive Departments.
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