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 21
... judicial cognizance of a cause in which he had been counsel . And yet this Respondent sup- poses , that if no other arrangement had been a- dopted , it would have been his duty to have grant- ed the common processes , and to have ...
... judicial cognizance of a cause in which he had been counsel . And yet this Respondent sup- poses , that if no other arrangement had been a- dopted , it would have been his duty to have grant- ed the common processes , and to have ...
Page 26
... judicial station of the Respondent , the grave character and aggravated circumstan- ces of the charges , and the dignity and high responsibility of the Grand Inquest of the Commonwealth . The managers for the House of Represer- tatives ...
... judicial station of the Respondent , the grave character and aggravated circumstan- ces of the charges , and the dignity and high responsibility of the Grand Inquest of the Commonwealth . The managers for the House of Represer- tatives ...
Page 28
... judicial officer over his own fees , the managers deem it their duty to enter their solemn protest . It is a doctrine subversive of all responsibility in public offi- cers , obnoxious to the most enormous abuses , and leading inevitably ...
... judicial officer over his own fees , the managers deem it their duty to enter their solemn protest . It is a doctrine subversive of all responsibility in public offi- cers , obnoxious to the most enormous abuses , and leading inevitably ...
Page 29
... Judicial Court were called to the bar of this honourable court , to answer for the " misconduct " of demanding and re- ceiving fees for advice given to a suitor about matters pending in his own court - would it be admitted as a ...
... Judicial Court were called to the bar of this honourable court , to answer for the " misconduct " of demanding and re- ceiving fees for advice given to a suitor about matters pending in his own court - would it be admitted as a ...
Page 60
... Judicial Court were here on his trial as well he might be , for an unsound opinion - an erroneous judgment - charged with a corrupt.decision -or wilful misconstruction of some particu- lar statute . Would it not be competent for him to ...
... Judicial Court were here on his trial as well he might be , for an unsound opinion - an erroneous judgment - charged with a corrupt.decision -or wilful misconstruction of some particu- lar statute . Would it not be competent for him to ...
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Common terms and phrases
accused adjourned admit advice aforesaid alleged allowed alluded answer appear applied appointed articles of impeachment attorney Benjamin Champney bribery cents charge circumstances common law Commonwealth constitution constitution of Massachusetts corrupt corruptly counsel county of Middlesex course court of impeachment crime decree defendant demand and receive dollars DUTTON duty evidence extortion facts fee-bill granting Groton Grout guardian guilty HOAR holden honorable House of Representatives indictment James Prescott judge of probate Judge Prescott judgment judicial jurisdiction justice learned Managers letter of administration Mary Trowbridge ment ng ng ng object occasion offence paid papers parties peachment person pondent present President principles probate court proceedings proper prosecution proved provision question reasonable recollect record 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 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.
Page 124 - 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.