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
Office of the Daily Advertiser, 1821 - Trials (Impeachment) - 225 pages
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accused administration admit advice alleged allowed amount answer appear applied appointed attend authority called cause charge circumstances common Commonwealth conduct considered constitution corrupt counsel course Court crime demand directed dollars duty evidence examination facts fees follows give given granting ground guardian guilty hold honorable House impeachment intended judge of probate judgment judicial justice learned letter Managers matter means ment misconduct nature necessary notice object occasion offence opinion paid particular parties performed person Prescott present President principles probate court proceedings proper proved provision question reasonable received record reference regard relation remarks Representatives respecting Respondent rule Senate stand statute supposed taken thing tion trial usage usual Ware WEBSTER whole witness
Page 109 - 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 122 - ... no subject shall be arrested, imprisoned, despoiled or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty or estate; but by the judgment of his peers, or the law of the land.
Page 126 - A CRIME, or misdemeanor, is an act committed, or omitted, in violation of a public law, either forbidding or commanding it.
Page 115 - But previous to the trial of every impeachment the members of the senate shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence.
Page 179 - Ye shall do no unrighteousness in judgment: thou shalt not respect the person of the poor, nor honour the person of the mighty: but in righteousness shalt thou judge thy neighbour.
Page 11 - ... and in whichsoever way you perform the service, let it be done at least days before the appearance day mentioned in said writ of summons.
Page 114 - 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 110 - 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 into 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 111 - 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, prevailed; for impeachments are not framed to alter the law, but to carry it into more effectual execution against too powerful delinquents.