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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accused administration admit advice aforesaid alleged allowed amount answer appear applied appointed attend authority called cause charge circumstances common Commonwealth conduct considered constitution counsel course Court crime demand directed dollars duty evidence examination facts fees give given grant ground guardian guilty hold honorable House House of Representatives impeachment intended James Prescott Judge of Probate judgment judicial justice learned letter Managers matter means ment misconduct nature necessary notice object occasion offence opinion paid particular parties person Prescott present President principles probate court proceedings proper proved provision question reasonable received record reference regard relation remarks respecting Respondent rule Senate stand statute supposed taken thing tion trial usage usual Ware WEBSTER whole witness
Stran 115 - 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.
Stran 137 - 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...
Stran 117 - 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.
Stran 120 - 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Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the Legislature ; such parts only excepted as are repugnant to the rights and liberties contained in this Constitution.
Stran 127 - 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.
Stran 184 - 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.
Stran 132 - A crime, or misdemeanor, is an act committed or omitted in violation of a public law, either forbidding or commanding it.
Stran 116 - 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.
Stran 130 - 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.