The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
_Judgment._--Judgments in Parliament, for death, have been strictly
guided _per legem terræ_, which they cannot alter; and not at all
according to their discretion. They can neither admit any part of the
legal judgment, nor add to it. Their sentence must be _secundum, non
ultra legem_.--_Seld. Jud._ 168, 169, 170, 171. This trial, though it
varies in external ceremony, yet differs not in essentials from criminal
prosecutions before inferior courts. The same rules of evidence, the
same legal notions of crimes and punishments, prevail. For impeachments
were not framed to alter the law, but to carry it into more effectual
execution against two powerful delinquents. The judgment, therefore, is
to be such as is warranted by legal principles or precedents.--6 _Stra.
Tr._ 14; 2 _Wood._ 611. The Chancellor gives judgments in misdemeanors;
the Lord High Steward, formerly, in cases of life and death.--_Seld.
Jud._ 180. But now the Steward is deemed not necessary.--_Fost._ 144; 1
_Woodd._ 613. In misdemeanors, the greatest corporal punishment hath been
imprisonment.--_Seld. Jud._ 184. The King's assent is necessary in capital
judgments, (but 2 _Woodd._ 614. contra.) but not in misdemeanors.--_Seld.
Jud._ 136.
_Continuance._--An impeachment is not discontinued by the dissolution
of Parliament; but may be resumed by the new Parliament.--_T. Ray._ 383;
5 _Com. jour._ 23 Dec. 1790; _Lord's jour._ May 16, 1791; 2 _Wood._ 618.
FOOTNOTES:
[1]
[JUDGE WYTHE.] PHILADELPHIA,
February 28, 1800.
Public-domain text, read in full here on John Shaqi.
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