itution to
secure a fair trial. On such a trial it declares that "the Chief
Justice shall preside." This was doubtless because the framers of
the Constitution believed it to be possible that the Vice-President
might be biased by the fact that "in case of the removal of the
President from office ... the same shall devolve on the Vice-President."
The preliminary proceedings in the House in the case of charges which
may involve impeachment have been well and wisely settled by long
practice upon principles of equal justice both to the accused and to
the people. The precedent established in the case of Judge Peck, of
Missouri, in 1831, after a careful review of all former precedents,
will, I venture to predict, stand the test of time.
In that case Luke Edward Lawless, the accuser, presented a petition to
the House, in which he set forth minutely and specifically his causes of
complaint. He prayed "that the conduct and proceedings in this behalf of
said Judge Peck may be inquired into by your honorable body, and such
decision made thereon as to your wisdom and justice shall seem proper."
This petition was referred to the Judiciary Committee; such has ever
been deemed the appropriate committee to make similar investigations.
It is a standing committee, supposed to be appointed without reference
to any special case, and at all times is presumed to be composed of
the most eminent lawyers in the House from different portions of the
Union, whose acquaintance with judicial proceedings and whose habits of
investigation qualify them peculiarly for the task. No tribunal, from
their position and character, could in the nature of things be more
impartial. In the case of Judge Peck the witnesses were selected by the
committee itself, with a view to ascertain the truth of the charge.
They were cross-examined by him, and everything was conducted in such
a manner as to afford him no reasonable cause of complaint. In view of
this precedent, and, what is of far greater importance, in view of the
Constitution and the principles of eternal justice, in what manner
has the President of the United States been treated by the House of
Representatives? Mr. John Covode, a Representative from Pennsylvania, is
the accuser of the President. Instead of 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 judg
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