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 18
... principle and by consideration , as well as in others , the Honorable House of Representatives accuse this Respondent of taking illegal fees , for services therein mention- ed ; but they do not state , nor set forth , what the legal ...
... principle and by consideration , as well as in others , the Honorable House of Representatives accuse this Respondent of taking illegal fees , for services therein mention- ed ; but they do not state , nor set forth , what the legal ...
Page 20
... principles and observa- tions applicable to these cases , the Respondent re- fers to what he has said in answer to the first Article . He wholly denies , that he has holden any illegal court , or received any illegal fees , as set forth ...
... principles and observa- tions applicable to these cases , the Respondent re- fers to what he has said in answer to the first Article . He wholly denies , that he has holden any illegal court , or received any illegal fees , as set forth ...
Page 26
... principles and facts of the case . And while I hope never to lose sight of that re- spect and deference which I owe to this high and honourable Court , nor of all possible regard for the rights and feelings of the Respondent , I must ...
... principles and facts of the case . And while I hope never to lose sight of that re- spect and deference which I owe to this high and honourable Court , nor of all possible regard for the rights and feelings of the Respondent , I must ...
Page 28
... principles can the court mentioned in the first section be distinguish- ed from that mentioned in the second ? The judge is authorized by law in the necessary absence of the register , to appoint a substi- tute . But why this authority ...
... principles can the court mentioned in the first section be distinguish- ed from that mentioned in the second ? The judge is authorized by law in the necessary absence of the register , to appoint a substi- tute . But why this authority ...
Page 43
... principle is the same . It is impossible to admit that any thing can be proved that is not charged . In the pres- ent case , what is the charge ? It is not pre- tended in it , that the Respondent took im- proper fees colore officii ; he ...
... principle is the same . It is impossible to admit that any thing can be proved that is not charged . In the pres- ent case , what is the charge ? It is not pre- tended in it , that the Respondent took im- proper fees colore officii ; he ...
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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.