The pilot and transcript. [volume] (Baltimore, Md.) 1840-1841, 1840-05-30
TEH CHARGE AGAINST JUDeH


MCLEAN
In the Senate, on "Wednesday, Efr. Sergeant
said he was instructed by the Committee on the
Judiciary to ask the leave Of the House, to make
a statement deemed to be important and interest
ing.
Mr. Sergeant proceeded. Some days ago, a.
memorial was presented by the member from
Massachusetts, (Mr Adams,) from one Lysan.
der Spooner, complained Of the conduct Of Judge
Mclean, one OF the Judges of the Supreme
Court of the United States sitting as Judge of
the Circuit of the United States, for the district
of Kentucky, and demanding his impeachment
The charges, in their terms are of uery grave
character, being no less than, of gross ignorance
and gross corruption. .er
The memorial has gone forth, in some degree,
with the authority of the member from Massa-
chusetts--as high an authority as any in this
House, or in this nation. 1t is true, that he
stated he had doubts of the propriety of present
ing it; but still he did present it, and thus sign-
fed the opinion, that he thought it fit subject of
inquiry. He also accompanied it with some re-
marks. The memorial was not read IN the
House, ordered to be printed. The member
from Massachusetts, no doubt from the best mo-
tives, had abstained from asking for either
The consequence, nevertheless, was, that the
House received and referred the memorial with
| out knowledge of its contents The committee
were unanimously of opinion, that if the memo
| rial had been read and listened to by the House,
| they would have come to the same conclusion.
which he was about to announce the eonclr-
sion of the committee, namely, that the memorial
ought not to be entertained. Another conse-
| quence is, that the fact is now its way to
| every part of the United States, that charges
have been made against a Judge of the highest
tribunal in the United States, which have been
received and referred by this House, without anY
explanation of what the charges are. This ha
manifest tendency to bring the public mind to
a pause, and for the time, to weaken the public
confidence in the individual Judge, and, in some
degree, in the tribunals of which he is member
Under these circumstances, the committee
have deemed it their duty to give to the memo
rial as prompt consideration as possible They
have accordingly had two meetings, and have
| fully and deliberately considered the subject,
and have come 10 a clear and unanimous co,,
clusion; that conclusion is, that upon {be face
of the memorial itself there is no ~ro,,nd what.
| ever, even for an inquiry--n6s' ; ,nb;cl, -
gates from the character of Judge Mclean. OF
ought in the least p lessen tbe Rieb con6dence
ne mas miner . deservedly enjoyed But as the
preparation of the report will occupy some time
the Committee have deemed it right at once to
! make this communication to the House that, so
far their opinions is of any weight, the preju-
dice likely to arise from the memorial may be
| promptly counteracted.
The memorialist, it appears, is a party COM
piainant, in cause depending by the Judge in
equity against the Board of Public Works of the
| State of Ohio, in which he sought to restrain
them by injunction, from building dam in the
/ Maumee river. He has so far been defeated and
disappointed in his expectations, by the decisions
| Of the court He undertakes confidently to pro-
nounce against the Judge gross ignorance and
gross corruption, which he carries out in eighteen
| specifications, expressed in the most offensive
| form, upon no better authority than his own I'M
aided judgment, in his own cause It does not
seem to have occurred to him, obvious as it is,
that his being party, disqualified him to be
Judge. He confidently pronounees error, and
then argues the error, thus made out to his own
satisfaction, to be proof of corruption OF motive.
In one instance, he demonstrates his own incapa-
| city to Judge, by confessing that he had never
seen the rules upon which alone the question
depended. Yet upon this, he pronounces with
the same confidence, as upon the rest, and makes
his Judgment the ground of a specification.
| There is no evidence accompanying the me
mortal; nothing but abstract of certain laws,
deemed material to his argument by the memo
rialist. Upon his own showing, it is manifest
to the committee that he has nojust cause of com
plniat, and that he hasn claim to the aid of the
| House.
| Some allowance is certainly to be made for
! the feelings of an excited party who has much at
stake. But there is recklessness, to say the
least of it, in the memorial, disregard of the
rights and feelings of others, and of the mischief
that may be done to them, for transcending any
reasonable allowance.