Life of James Buchanan, Fifteenth President of the United States. v. 2 (of 2)Curtis, George Ticknor
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Life of James Buchanan, Fifteenth President of the United States. v. 2 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
following the wise precedents of former times, and especially that
in the case of Judge Peck, and referring the accusation to the
Committee on the Judiciary, the House have made my accuser one of
my judges.
To make the accuser the judge is a violation of the principles of
universal justice, and is condemned by the practice of all
civilized nations. Every free-man must revolt at such a spectacle.
I am to appear before Mr. Covode, either personally or by a
substitute, to cross-examine the witnesses which he may produce
before himself to sustain his own accusations against me, and
perhaps even this poor boon may be denied to the President.
And what is the nature of the investigation which his resolution
proposes to institute? It is as vague and general as the English
language affords words in which to make it. The committee is to
inquire, not into any specific charge or charges, but whether the
President has, “by money, patronage, or other improper means,
sought to influence,” not the action of any individual member or
members of Congress, but “the action” of the entire body “of
Congress” itself, “or any committee thereof.” The President might
have had some glimmering of the nature of the offence to be
investigated, had his accuser pointed to the act or acts of
Congress which he sought to pass or to defeat by the employment of
“money, patronage, or other improper means.” But the accusation is
bounded by no such limits. It extends to the whole circle of
legislation; to interference “for or against the passage of any
law appertaining to the rights of any State or Territory.” And
what law does not appertain to the rights of some State or
Territory? And what law or laws has the President failed to
execute? These might easily have been pointed out had any such
existed.
Had Mr. Lawless asked an inquiry to be made by the House whether
Judge Peck, in general terms, had not violated his judicial
duties, without the specification of any particular act, I do not
believe there would have been a single vote in that body in favor
of the inquiry. Since the time of the Star Chamber and of general
warrants, there has been no such proceeding in England.
Public-domain text, read in full here on John Shaqi.
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