Report of the Trial of James H. Peck, Judge of the United States District Court for the District of Missouri, Before the Senate of the United States on an Impeachment Preferred by the House of Representatives Against Him for High Misdemeanors in OfficeHilliard, Gray and Company, 1833 - 592 pages |
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Page 20
... seems to be the insinuation ) should plunge him into new errors , still those errors could not have a fatal effect while there was a court of revision above , until these new errors should , in their turn , be also established into law ...
... seems to be the insinuation ) should plunge him into new errors , still those errors could not have a fatal effect while there was a court of revision above , until these new errors should , in their turn , be also established into law ...
Page 21
... seems to me to have erred in the following assumptions , as well of fact as of doctrine : " 1. That , by the ordinance of 1754 , a sub - delegate was prohibited from making a grant in consideration of services rendered or to be rendered ...
... seems to me to have erred in the following assumptions , as well of fact as of doctrine : " 1. That , by the ordinance of 1754 , a sub - delegate was prohibited from making a grant in consideration of services rendered or to be rendered ...
Page 22
... seems irrefragable , is gravely perverted by the accuser into an assumption , on the part of the Judge , that , by the ordinance of 1754 , a sub - delegate was prohibited from making a grant in consideration of services rendered or to ...
... seems irrefragable , is gravely perverted by the accuser into an assumption , on the part of the Judge , that , by the ordinance of 1754 , a sub - delegate was prohibited from making a grant in consideration of services rendered or to ...
Page 29
... seems to be , that the authority to make these large grants is to be presumed , without proof , and must be presumed to continue until positively prohibited . The Judge , on the contrary , held that the authority must be proved , and ...
... seems to be , that the authority to make these large grants is to be presumed , without proof , and must be presumed to continue until positively prohibited . The Judge , on the contrary , held that the authority must be proved , and ...
Page 34
... seems to me to be particularly pregnant with grievous consequences . " To whom was this sentence addressed ? To the public of Missouri ! What rights were menaced by those disastrous consequences ? The rights of those land claimants ...
... seems to me to be particularly pregnant with grievous consequences . " To whom was this sentence addressed ? To the public of Missouri ! What rights were menaced by those disastrous consequences ? The rights of those land claimants ...
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Common terms and phrases
admitted answer argument arpents article signed attachment attorney Audiencias authority Buchanan cause character charge claimants claims common law concession confirmation Congress considered constitution contempt contempt of court counsel criminal decided decision defendant Delassus District Court error evidence exercise fact Foreman Gayoso grant guilty honorable Court honorable managers House of Representatives impeachment imprisonment imputed indictment inference intention interrogatories James H Judge Peck Judge's judicial jurisdiction jury King land Lawless libel liberty Lieutenant Governor Luke E Luke Edward manner ment Meredith misrepresentation Missouri Morales O'Reilly's regulations object offence opinion ordinance of 1754 pending persons petitioner present principles proceedings proof prove province publication published punish question recollect referred regulations of O'Reilly respondent royal order rule Senate signed A Citizen Soulard Spanish Star Chamber Storrs sub-delegate Supreme Court tion titles trial trial by jury tribunal United Upper Louisiana Wickliffe witness
Popular passages
Page 300 - The fundamental principle of the Revolution was, that the Colonies were co-ordinate members with each other and with Great Britain, of an empire united by a common executive sovereign, but not united by any common legislative sovereign. The legislative power was maintained to be as complete in each American Parliament, as in the British Parliament. And the royal prerogative was in force in each Colony by virtue of its acknowledging the King for its executive magistrate, as it was in Great Britain...
Page 343 - Nothing is more incumbent upon Courts of Justice, than to preserve their proceedings from being misrepresented ; nor is there anything of more pernicious consequence, than to prejudice the minds of the public against persons concerned as parties in causes, before the cause is finally heard . . . There are three different sorts of contempt.
Page 338 - The right of self-protection implies, as a consequence, a right to use the necessary means for rendering such self-protection effectual. Independently, therefore, of any precedents or recognized practice on the subject, such a body must a priori be armed with a competent authority to enforce the free and independent exercise of its own proper functions, whatever those functions might be.
Page 300 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 47 - House having resolved that he be impeached of " high misdemeanors in office" (Journal, 1, 21, pp. 565, 566), it Committee ap- was ordered " that Mr. and Mr. be appointed Senate. ° s ° ° a committee to go to the Senate, and at the bar thereof, in the name of the House of Representatives, and of all the people of the United States, to impeach James H. Peck, Judge of the District Court of the United States for the District of Missouri, of high misdemeanors in office...
Page 12 - ... incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal constitution, to the enjoyment of all the rights, advantages, and immunities of citizens of the United States; and in the meantime they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.
Page 56 - States articles of impeachment against . after which the articles shall be exhibited; and then the Presiding Officer of the Senate shall inform the managers that the Senate will take proper order on the subject of the impeachment, of which due notice shall be given to the House of Representatives.
Page 338 - Certain implied powers must necessarily result to our courts of justice from the nature of their institution. But jurisdiction of crimes against the state is not among those powers. To fine for contempt, imprison for contumacy, enforce the observance of order, etc., are powers which cannot be dispensed with in a court, because they are necessary to the exercise of all others...
Page 454 - It cannot have escaped the attention of the reader, that this method of making the defendant answer upon oath to a criminal charge, is not agreeable to the genius of the common law in any other instance...