Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
History
Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
Buchanan, Henry R. Storrs of New York,
George McDuffie of South Carolina, Ambrose Spencer of New York, and
Charles Wickliffe of Kentucky.
The Senate was organized as a court of impeachment on the 25th of May,
1830; but the trial was postponed to the second Monday of the next
session of Congress. It began on that day, December 20, 1830. It was Mr.
Buchanan’s duty to close the case on behalf of the managers, in reply to
Mr. Wirt and Mr. Meredith of Baltimore, the counsel for Judge Peck. Of
Mr. Buchanan’s speech, I have found no adequate report. It was delivered
on the 28th of January, 1831. Contemporary notices of it show that it
was an argument of marked ability. His positions as given in the Annals
of Congress were in substance the following:
He declared that the usurpation of an authority not legally possessed by
a judge, or the manifest abuse of a power really given, was a
misbehavior in the sense of the Constitution for which he should be
dismissed from office. He contended that the conduct of Judge Peck, in
the case of Mr. Lawless, was in express violation of the Constitution
and the laws of the land; that the circumstances of that case were amply
sufficient to show a criminal intention on his part in the summary
punishment of Mr. Lawless; that in order to prove the criminality of his
intention it was not necessary to demonstrate an actually malicious
intention, or a lurking revenge; that the infliction upon Mr. Lawless of
a summary and cruel punishment, for having written an article decorous
in its language, was itself sufficient to prove the badness of the
motive; that the consequences of the Judge’s actions were indicative of
his intentions; that our courts had no right to punish, as for
contempts, in a summary mode, libels, even in pending causes; and that
if he succeeded, as he believed he should, in establishing these
positions, he should consider that he had a right to demand the judgment
of the court against the respondent.
Public-domain text, read in full here on John Shaqi.
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