The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-04-25
STATE OF MAINE.
uorsr o, nrrRrsrsrArrvrs, APRIL ., isss
PROTEST.


auesting him to remove Woodbury. DAVIS
from the Office Of Associate Justice OF the
Supreme judicial Court, the undersigneu'
members OF the House OF REPRESENTATIVES,,
most sol:mnly and earnestly protest against
said action OF the HOUSE. ior 'ne ruisons
hereinafter set iorth, anu request tnat TINS
protest may be entered on the journal oil
the House.
1. Because the proceedings OF the Legis-
lature prior TO the hearing OF Judge Davis,
before the members Of the House and Senate,
were not such as are required by the Con-
stitution, and particularly that this House
had no notice OF, and took no action in re-
lation 10 the alleged causes of removal, iun-
nj after the same had been stated by the
S.,ate and entered ON its Journal, and the
day fixed by that body alone, and the re-
sn3nd.nt had been served with n copy of
tbe ,nme. and with a notice of the time ap-
no;ntej for n hearing and that of these
proeeedings OF the Senate, the only notice
Given 10 the House, was by communicating
n copy of said causes, and giving Informal
ton of said doings of the Senate, but asking
no action on the part Of the House thereon,
exespt in aSsenting at subsequent times 10
the appointment of n committee, and the
sdontion of certain rules of proceedings to
be observed in convention, and in fixing the
time of holding a convention for the hear
inc. Relieving that before any civil officer,
In nroceedings under this provision of the
copstitntion' can bs summoned or heard in
cases of address. II is necessary that both
Houses by a concurrent vote should assent
to the alleged causes Of removal before they
are made the foundation for any action af-
fecting the accused, and in fixing the time
Of hearing and ordering notice to the accu-
sed, and that no subsequent concurring votes
in relation TO the order OF proceedings, can
supply the wantof such original concurrent
action on the part Of the House; the UNI
dcrsigned protest that all preliminary pro-
ceedings were in violation OF the Constitu-
ton, illegal and void.
.. Because tho convention Which was
formed to hear the respondent was not
authorized by any provision oi tne con-
stitution, and that the nearing wnieh oy iS
provision Is secured To the respondent, couid
not be constitutionaiiy had before suen
Convention rs was uhuer the JOINT Oruer
formed for that purpose =,
5. Because the CAUSES OIL renio,ai asSlgheu
e" misdemeanors IN ONCE anu contain NO
charge or cause not relating 70 otneili deIn-
quencics; and therefore can properly DE tri-
ell under the provision OF the constitution
Only by impeachment. The undersigned
are fully convinced that the Constitution IN
providing expressly that "eyery yerson hold
Ing any civil Office under this State may DO
removed by impeachment Tor nisdemeanor
in Office, intended to excinde every other
mode OF removal IN cases arising OUT OF OIL
hcial delinqueneies-that as ouiciai missile
meanors, not being cogninoie oy the orui-
nary tribunals, cannot DC tried ana PUNISH
ed by the Courts oil law, they alone are
made the proper subjects Tor the solemn tri-
bunal OF the Senate, sttlhS US the high
court OF impeachmcnt-that as any person
who in his individual character and capacity
is accused of crime and misdcmeanor, must
be accused thereof and tried in the forms OF
law in the established courts, 50 the civil Of
ficcr in his official capacity Is 10 bc charged
aud tried according TO the forms in the tri-
bunal provided by the Constitution for the
trial of such olIenses that is by impeach
ment in the Senate, and he is alike entitled
10 all the safeguards and projections 50 just
ly and so cautiously secured to the accused
in all cases. that ne Il not TO be held to an
swer until formally accused by proper ii'-
dictment in such cause, that Is an lmPeach-
mcnt by the House OF Representative
that he is TO be heard by himself and coun-
scl-tc be confronted by the witnesses against
him-to have compulsory process for obtain
ing witnesses in his layor-tLat he shall not
BE- compelled to furnish or give evidence
against himself-nor be put on his defense
without any evidence having becn produced
or exhibited against him, and that in cases
of impeachment he can only be arraigned
after rho Hons, of Representatives have
fund sufficient grounds for that HIGH charge
md Jean only be tried by the Senate act
;r,, ;n1;c;,IIvEpndsr oath for the caSs-
,.;,S oil tbc s,rms of a court--and can be
convicted only Inv n vote of two-thirds of
The members after n hearing in which he
eonfronts the witnesses against him, and in
which no en;oy,. thu common RIGHT of the
nrrsnmntion of Innocence until his accusers
have shown the sul6ciency of the charges
AGAINST him. and have by LEGAL proofs es-
tsblisbed the truth thereof.
Tine undersigned believe that every civil
officer accused oaly of Official HliSd,msdROrs,
has r,cht to demand such n trial with all
;,ss,e.,,narls and nrotections. and that the
fr,r,.rs of the cnns,itnton never intended
,ha, =, s,,oh 80 a ,n,;or,tv Of the Loo.
;sIatnr, ,n;"bt mas. them SIl byEdenriye mn
occnso5 ofcsr ds thcse rights. and virtually
r.,Je- ,h,.. cors,;tu,;o,SI nrovi.ions nuci-
80, ne rc.,r,;n,, 20 ,hs mode adontej IN
tIis ,,:.-in which the accn.,i has bcep
,;,l -, 49,, ILL ,,,,,,,oJ;n,, r.
aHS'SN WV -
hay;r, hem adm;p;st,-aJ a. tbe members Of
ths an,molons tr;hunal M nroae. bsyinc
hecn nrnJnceJ or w;tncSsc. introducsJ hS
his accns.rs whom he mirbt in the strong
iansusS.e of the Cons,;tnt,on :. en-. fro,, 2
meet fss. 10 FACE, no nartiel, of svid@ncc
either oral or written having been produced
against him. the charges all being as
snmeJ and deemeJ 10 be true without n wor,l