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 gentleman from Virginia, who moved the resolution, (Mr. J. RANDOLPH,)
has, indeed, declared his own conviction, that the judicial officer
in question had done wrong. Might not other gentlemen also have their
opinions and exercise their own judgments in forming them? They ask for
the reasons of his conviction before they vote for his resolution. His
information, he says, was received in such a manner that he does not
choose to disclose it. If any person has communicated any thing to him
confidentially, he is not desired to name his informant. The gentleman
shall not be desired by me to make any disclosure which would offend
against the most delicate sense of honor. But can it be improper for
him to state the general nature of the offence which he believes to
have been committed? Will this violate any honorary confidence? He is
desired to make such a statement that other members of the House may
have an opportunity of judging whether the believed offence will warrant
a vote of impeachment. In cases of this kind, is any member to be
deemed infallible? When a gentleman, in his place, states a fact as of
his own knowledge, his veracity is regarded as unquestionable; but his
infallibility is not supposed to extend to matters of mere opinion. Upon
the principle of its being possible for the gentleman from Virginia to
err in opinion, and its being equally the right of the other members to
judge what conduct amounts to an impeachable offence, it might have been
reasonably thought that he would at least state to the House the nature
of the facts on which he relies as the basis of his resolution. If he, or
any other member, declaring his conviction that a judge has misdemeaned
himself in office, will exhibit to the House a statement of any fact,
or series of facts, which would warrant an impeachment, I will be ready
instantly to vote for an inquiry. But nothing of this kind is exhibited,
and therefore the resolution on the table is now opposed. Before you
agree to oppress a judge with all that weight of suspicion which may be
imposed by a vote of this House, let him be permitted to know what part
of his conduct is supposed to be exceptionable, that opportunity may be
had in the progress of any inquiry to vindicate himself against unmerited
reproaches! Instead of a course of proceeding so fair and obviously
just, the resolution on the table marks two of the judges for public
suspicion, without specifying any supposed misconduct. It marks them as
public objects of suspicion throughout the whole of their judicial life,
and, without naming any thing, invites private enemies to accuse them of
every thing.
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