Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1843-01-09
HOUSE OF DELEGATES,

! The Report Of the Select Committee on the memorn
OF Martin p Brooke came up as the special order OF tn,
day The Committee considering themselves bound by III,
resolution Of the House take the charges in the
rial as true bring in resolution that Judge Scott ough,
| be impeached.
The Report being read, Mr. Smith Of f., presented
reply from Judge Scott said memorial. The reply
read by the Clerk and listened very attenvey b,
the House. along document and occupied hour
the reading II sets out by stating that the memorial
the substance of certain beous publications made the
counr;-and which have been brought the ia
dcial tbunal-whose decision has yet been rendered
But since the charges have been brought before the Lcg
sture the Judge await the verdict of jury
but courts the most searching scrutiny the part ct the
General Assembly. The reply then proceeds respond
in detail every charge of the MISUNDERSTANDING each
and every one and offering proof establish the as and
magnity Of the whole
The Reply being read Mr. Taaerro rose 10 submit the
following resolution
Resolred Tkat the report of the Special Committee on
the memorial of Martin Z. Brooke be recommed to the
same Committee, with instructions inquire the truth
OF 80 much OF said memorial charges
OF Impeachment against John Scott Esq., of the Judges
OF the General Court this Commonwealth and that the
Committee be empowered send for persons and papers,
And that the said Committee be discharged from the fur
Their consideration of all other the said memorial
Mr. TALIAFERRo conceived that the Committee had mis-
understood the resolution, under which acted The House
had only designed, that the Committee should report the
best mode OF proceedng-n should hereafter
that there was matter for Impeachment. The House had
not affirmed the truth of the charges the memorial nor
mad II Instructed the Committee 10 consider them
The mode Of proceeding the only thing referred the
Committee Mr.. Il. then proceeded 10 explain his views
10 the best mode of action He read the two clauses
the Constitution, which related the SUBJECTIVE one,
which authorized Impeachment in general TERMS and the
other which empowered the Houses by concurrent
ZION to remove Judges. The power of impeachment was
one, which had always existed and the mode OF exercising
was not affected by the Constitution. The old par
iamentary mode the be pursued: and according
10 that the House Delegates prefer the charges
and they he acted by the Senate. The power
OF removal by additional one be-
slowed upon the Legislature by the now Constitution. 1t
may be exercised for and different of offences
ana in this case the proceedings different. In
OF impeachment notice the accused is necessary be-
fore the articles Of impeachment ntroduced-in
where removal Is contemplated the accused i entitled
20 days notice But he l. entitled notice until the
Legislature both branches has determined proceed against
him. This implies that both Houses should have pre-
mnary action hy it, Committees before the shall be
given Iimples also that the proper mode in respect
oil charges involving removal is by Joint Committee Of
the two Houses But as the Senate now in ses
on this Joint action could be had; and he therefore
proposed discharge the House Committee from the con-
derauon OF all charges in the Memorial which involved
only removal from office.
As to Improbable offences the different Here
it was competent and proper for the House Committee to
proceed alone. They could and It necessary they
should investigate the truth Of the charges before carrying
up the impeachment the Senate. He took il for granted
that member OF tine House would like take upon HIM
self the responsibility OF aaigning the bar the Senate
an officer Of the Government, upon charges, the Truth Of
which he could vouch for He therefore. prop jsed
that in respect all impeachabc Offences the Committee
should make nvCstigaton-should send for persons and
papers 10 ascertain whether the charges be false
This accordance with precedenis. He refer
red the Of Judge Chase There a member of the
House of Representatives had charged the Judge with
gross official misconduct Upon the motion of Mr. John
Randolph, the charge referred Committee
cersin the facts with send for persons and papers
That Committee reporedand upon their report based
the articles Of appointment. Judge Pecs case the only
other our records-was exactly in accordance
with the course which he recommended. In that case
charges preferred against PeckPeck made reply
and both the charges and reply referred Com
mlttee with power Ia investigate the facts. In neither
these did the Committee merely report that charges
had been made but they reported upon the truth The
charges This was the mode of proceeding which he adj
yised IN the case before the House.
Mr. BRowN, ofP, opposed to the recommitment--
Nothing necessary the part Of this House but
tain that there Is mPeachube offence charged and that
IL made IN good faith IL will then be for the Senate 10
determine the question As TO the mode of proceeding he
read the law regulating mpeachments under the old Con-
ston, according which the House preferred the charges
nnd the Senate impanneed Jury try the facts This
the mode which ought be pursued now Bv taking
testimony before the Committee, great delay must be the
consequence, and action could be had this session.
Mr. DANIEL, Of r., did read the laws and Constu.
ton did the gentleman from Preston. He concued IN
the suggestions and mode Of proceeding proposed by the
gentleman from Franklin. Common justice forbade the
peachment of officers OF Government CHARGES made
had knowledge IL unjust the officers IN
just the members Of the House-and IL unjust TO the
Commonw eaih. IL unjust subject the sensibties
OF an honorable TO such Ordeal-whout first
fronting him with his IL action beneath the
dignity Of the House and unworthy OF this Common
wealth But If Of universal justice strong
enough 10 resist this course, regard 20 economyo the
time Of the House ought to have its influence. II the sr-
Ce Of Impeachment preferred, having
tanned their truth, half the session might be wasted and
might then turn out that there was truth whatever in the
charges Mr. D. repeated that Mr. TaaerrD had proposed
the proper The memOiast and Judge Scott had
both heard before he Hous.now their respective
statements 60 before the a-cer.
tain the facts II the question q impeachment
put 10 him. he would b" compelled 70 vote no. because he
had evidence Justify and he presumed that such
must be the course Of every other member.
Mr.. BRowN had, upon examination, found that he
the mode Of proceeding before the Senate
The Constitution superseded the old law. But still he
opposed 10 the rccommitment. The consequence
would be great delay Il the full investigation proposed by
the gentleman from Franklin gone into before the
mtee
Mr. TALnFrRRo explained thoi he did not propose "a
have full inquiry into oil the facts both sides, that
toe accused should have the power Of subyOcH0s Of the
House. Il would be the duty Of the Committee in the OK
ercsc Of sound discretion, 10 examine such
both sides would enable them a. arrive the truth
Mr.. BEowN had not misunderstood the gentleman. III,
resolution proposed 10 delegate 90 ic committee fol
power. What will be the mode Oi proceeding One
party introduces wnr the other introduces another
The Oilers testimony. the accused rcbuts it,
Where j. 90 be- the end SO what point will you stop p
There probability Of a termination during the
sion Ile held that parie testimony a that should b
lkcn until the accused auaiRred before the Senate
/ where the facts could be- -iied.
Mr.. IRvGsg surprised that any member 81 the rom
mittcc should support the Resolution OF that committee
The report of the committee contained principles directly
/ 90 with the resolution. Tho COMMITTEE sty that th
iocts ought "a be- Investigated before Impeachment - or
dcred. but considering temsclvo, instructed by th
House presume the charges true they he'd brought m tu
resolution. This resolution then cpnic-scdIy oppose
% their own convictions of right ard having brought 10 boo
they conceive. accordance with the instructions OF ON
House they bound, their own principles 10 vnf
against h. Nr. T., however, denied that the House boz
gwen any such instructions llc read the resolution mn
contendtd that only object for the Committee 10 r.
port lc mode II proceeding. Mr. !. denied that th
House acted in the capacity Of Grand Jury. Il liz
Court Of Inquiry where the testimony both sides
gone into. Ia oil impeachmont, the rules Of criminal pr
cecdnr must prevail.
Mr.. LLrrwfcn moved 10 amend the resolution Of vi
Tallioouo, by inserting The following:
After the words persons and papcysnscr "And that
Committee. together with Committee De appointed ~
the part Of the Senate do further inquire the cxpedor
cy and propncty Of further proceeding against the Hor
John Scott, with view o. biz removal FROM Office by cor
Of both Houses OF the legislature by rous1
Of the charges contained in the memorial Of VI r. Brook
other than those which involve Improbable offence"
Mr.. l.. remarked that he had been satisfied with ON
Of tho proceedings IN this cascand the matter