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
Upon the like principle, the resolution now on the table is improper. My
objection to it is, that it points out two particular officers as objects
of suspicion, and proposes a committee for inquiring into their conduct
without assigning any cause, and without specifying any subject of
inquiry. Gentlemen have expressed a dissatisfaction that such a committee
should be compared to the Star Chamber or the Inquisition. If they do not
perfectly resemble the Star Chamber, formerly known in England, or the
Inquisition of Spain, the proposed powers of the committee are certainly
indefinite and inquisitorial. Perhaps, if a comparison was necessary,
they might more properly be compared to the State inquisitors of Venice,
who are well known to have formed one of the most detestable tyrannies
ever tolerated in a country pretending to freedom.
If charges were specified in the resolution, a member of this House on
moving it might then have a right to demand an inquiry. But are the House
bound to investigate the conduct of a particular officer, without any
charge against him? Gentlemen have said much about the general right of
this House to inquire into the conduct of public officers, as if this
were the point in dispute. But who has denied the right of inquiry as
incident to the power of impeachment? When any officer is charged with
an impeachable offence, it is admitted to be, and from the nature of the
thing it might be, the right of the House to inquire into the truth of
such charge. I trust no gentleman in opposition to the present resolution
can be found so ignorant of the true principle on which it is opposed,
as to deny the responsibility of the public officers, or the right of
the House to inquire into their conduct. But, the right being admitted,
the question is made as to the exercise of that right in the manner now
proposed. When this House is called upon to direct the whole force of its
influence against a particular judge, is it not reasonable, is it not
just, that some charge should first be stated against him? This is but a
decent respect to judicial character. It is but a decent respect to the
character which becomes the assembled Representatives of a nation. The
person implicated might then be enabled to meet the inquiry and obviate
unfounded suspicion. Our power with respect to the judges is the power of
impeachment; but we are not, therefore, justified in wantonly assailing
their characters and sporting with their sensibility to reputation. The
right of inquiry relates to impeachable offences. Shall we, then, inquire
where no offence is stated? So far is the resolution from stating what
would warrant an impeachment, that it does not mention any offence, or
refer to any transaction.
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