Report of the Trial by Impeachment of James Prescott, Judge of the Probate of Wills, &c. for the County of Middlesex for Misconduct and Maladministration in Office, Before the Senate of Massachusetts in the Year 1821: With an Appendix, Containing an Account of Former Impeachments in the Same State |
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Page 12
... offence against the laws of his country . It was apprehend- ed that it would be impossible for him during the present session of the Legislature to employ and instruct Counsel sufficiently in his defence , unless the session should be ...
... offence against the laws of his country . It was apprehend- ed that it would be impossible for him during the present session of the Legislature to employ and instruct Counsel sufficiently in his defence , unless the session should be ...
Page 18
... offence ascertained or defined . This Respondent humbly submits to the consid- eration of this Honorable Court , that the practice of paying Judges of Probate , in whole or in part by fees , has always prevailed in this Common- wealth ...
... offence ascertained or defined . This Respondent humbly submits to the consid- eration of this Honorable Court , that the practice of paying Judges of Probate , in whole or in part by fees , has always prevailed in this Common- wealth ...
Page 23
... offence whatever . relation to the case , supposed to be alluded to , he remembers , that the administrator of John Walk- er had various controversies and concerns in law , in no way connected with any official duty of this Respondent ...
... offence whatever . relation to the case , supposed to be alluded to , he remembers , that the administrator of John Walk- er had various controversies and concerns in law , in no way connected with any official duty of this Respondent ...
Page 26
... offences charged against him . Mr. President , the representatives of the people could have none but the most worthy and honourable motives for preferring this Impeachment . They had no injuries to avenge - no prejudices against the ...
... offences charged against him . Mr. President , the representatives of the people could have none but the most worthy and honourable motives for preferring this Impeachment . They had no injuries to avenge - no prejudices against the ...
Page 27
... offences charged against the Respon- dent , are of flagitious character , though some of them seem small in their ... offence will be found in each of the articles from the 6th to the 15th , inclusive . In his answers to the articles ...
... offences charged against the Respon- dent , are of flagitious character , though some of them seem small in their ... offence will be found in each of the articles from the 6th to the 15th , inclusive . In his answers to the articles ...
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Common terms and phrases
accused admit advice alleged allowed alluded answer appear applied appointed articles of impeachment attorney Benjamin Champney cents charge circumstances common law Commonwealth constitution constitution of Massachusetts corrupt corruptly counsel county of Middlesex course court of impeachment crime decree demand and receive DUTTON duty evidence extortion facts fee-bill fees grant Groton Grout guardian guilty HOAR holden honorable House of Representatives illegal indictment James Prescott Judge as aforesaid judge of probate Judge Prescott judgment judicial jurisdiction justice learned Managers letter of administration ment misconduct and maladministration ng ng ng occasion offence paid papers parties peachment person pondent present President principles probate court proceedings proper prosecution proved provision question recollect Respondent Respondent's rule Senate special courts standing law statute supposed sworn taken thing tion transaction trial usage Ware WEBSTER whole witness
Popular passages
Page 117 - The senate shall be a court with full authority to hear and determine all impeachments made by the house of representatives, against any officer or officers of the commonwealth, for misconduct and mal-administration in their offices.
Page 139 - The judges of probate of wills, and for granting letters of administration, shall hold their courts at such place or places, on fixed days, as the convenience of the people shall require; and the legislature shall, from time to time, hereafter, appoint such times and places...
Page 119 - This trial, though it varies in external ceremony, yet differs not in essentials from criminal prosecutions before inferior courts. The same rules of evidence, the same legal notions of crimes and punishments, prevail. For impeachments are not framed to alter the law, but to carry it into more effectual execution against too powerful delinquents.
Page 122 - All the laws which have heretofore been adopted, used, and approved in the Province, Colony or State of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the Legislature ; such parts only excepted as are repugnant to the rights and liberties contained in this Constitution.
Page 129 - Each individual of the society has a right to be protected by it in the enjoyment of his life, liberty, and property, according to standing laws.
Page 186 - The respondent is now brought, a single, unprotected individual, to this formidable bar of judgment, to stand against the power and authority of the State. I know you can crush him, as he stands before you, and clothed as you are with the sovereignty of the State. You have the power " to change his countenance and to send him away.
Page 134 - A crime, or misdemeanor, is an act committed or omitted in violation of a public law, either forbidding or commanding it.
Page 118 - But an impeachment before the lords by the commons of Great Britain, in parliament, is a prosecution of the already known and established law, and has been frequently put in practice; being a presentment to the most high and supreme court of criminal jurisdiction by the most solemn grand inquest of the whole kingdom.
Page 132 - No subject shall be held to answer for any crime or offence, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against himself.
Page 19 - ... and in whichsoever way you perform the service, let it be done at least days before the appearance day mentioned in the said writ of summons.