Charles Sumner: his complete works, volume 16 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 16 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The principle thus solemnly adjudged was ever afterwards asserted by
the managers for the House of Commons in all its latitude, and with
an energy, zeal, and earnestness proportioned to the magnitude of the
interests involved,--as appeared conspicuously on the impeachment
for high treason of the Lords who had taken part in the Rebellion
of 1715 to bring back the Stuarts. Lord Wintoun, after conviction,
moved in arrest of judgment, and excepted against the impeachment for
error, on account of the treason not being described with sufficient
certainty,--the day on which the treason was committed not having
been alleged. The learned counsel, arguing that Parliamentary Law
was part of Common Law, submitted “whether there is not the same
certainty required in one method of proceeding at the Common Law as
in another.”[175] To this ingenious presentment, by which proceedings
in Parliament were brought within the grasp of the Common Law, the
able and distinguished managers replied with resolution, asserting the
supremacy of Parliamentary Law. Walpole, afterwards the famous Prime
Minister, began:--
“Those learned gentlemen seem to forget _in what court they
are_. They have taken up so much of your Lordships’ time
in quoting of authorities and using arguments to show your
Lordships what would quash an indictment in the courts below,
that they seem to forget they are now in a court of Parliament
and on an impeachment of the Commons of Great Britain.… I hope
it will never be allowed here as a reason, that what quashes
an indictment in the courts below will make insufficient an
impeachment brought by the Commons of Great Britain.”[176]
The Attorney-General supported Walpole:--
“I would take notice that we are upon an impeachment, and
not upon an indictment. The courts below have set forms to
themselves, which have prevailed for a long course of time,
and thereby are become the forms by which those courts are to
govern themselves; but it never was thought that the forms
of those courts had any influence on the proceedings of
Parliament.”[177]
Cowper, a brother of the Lord Chancellor of that name, said:--
“If the Commons, in preparing articles of impeachment, should
govern themselves by precedents of indictments, in my humble
opinion they would depart from the ancient, nay, the constant,
usage and practice of Parliament.”[178]
Sir William Thomson followed:--
“The precedents in impeachments are not so _nice and precise in
form_ as in the inferior courts.”[179]
The judges, in answer to questions propounded, declared the necessity
in indictments of mentioning “a certain day.” But the Lords, in
conformity with ancient usage, set aside this technical objection, and
announced:--
“That the impeachment is sufficiently certain in point of time,
according to the forms of impeachments in Parliament.”[180]
Public-domain text, read in full here on John Shaqi.
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