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 StateOffice of the Daily Advertiser, 1821 - 225 страница |
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Страница 5
... taken , either by impeachment , or address of both branches of the Legislature to the Executive Department , to remove the present incumbent of the office of Judge of Probate , & c . for the County of Middlesex , from his said office ...
... taken , either by impeachment , or address of both branches of the Legislature to the Executive Department , to remove the present incumbent of the office of Judge of Probate , & c . for the County of Middlesex , from his said office ...
Страница 12
... taken , the House was order- ed to be cleared . After sitting about an hour with closed doors , the House was again opened to spectators . Mr.Sullivan moved that the Senate pass an order to prohibit the publication of the articles of im ...
... taken , the House was order- ed to be cleared . After sitting about an hour with closed doors , the House was again opened to spectators . Mr.Sullivan moved that the Senate pass an order to prohibit the publication of the articles of im ...
Страница 13
... taken for striking out , and carried in the affirmative . YEAS . - Messrs . Bourne , Thomas , Ruggles , Whittemore , Bigelow , Allen , Reynolds , Tufts , Par- ker , Williams , Pickman , Bartlett , Gray , Brooks , and Varnum . - 15 ...
... taken for striking out , and carried in the affirmative . YEAS . - Messrs . Bourne , Thomas , Ruggles , Whittemore , Bigelow , Allen , Reynolds , Tufts , Par- ker , Williams , Pickman , Bartlett , Gray , Brooks , and Varnum . - 15 ...
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... taken by Yeas and Nays , it was rejected by the following vote . Williams , Gardner , Pickman and Gray — 7 . YEAS ... taken by the Court as to subpoenas for sum- moning witnesses . The PRESIDENT said an order had been taken and he ...
... taken by Yeas and Nays , it was rejected by the following vote . Williams , Gardner , Pickman and Gray — 7 . YEAS ... taken by the Court as to subpoenas for sum- moning witnesses . The PRESIDENT said an order had been taken and he ...
Страница 15
... taken by members of the Court . The Respondent came in , attended by Messrs . Wm . Prescott , George Blake , Daniel Webster , Samuel Hoar , Samuel Hubbard , and Augustus Peabody , his counsel . The President said that the time appointed ...
... taken by members of the Court . The Respondent came in , attended by Messrs . Wm . Prescott , George Blake , Daniel Webster , Samuel Hoar , Samuel Hubbard , and Augustus Peabody , his counsel . The President said that the time appointed ...
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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
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Страница 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.
Страница 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...
Страница 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.
Страница 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.
Страница 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.
Страница 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.
Страница 134 - A crime, or misdemeanor, is an act committed or omitted in violation of a public law, either forbidding or commanding it.
Страница 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.
Страница 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.
Страница 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.