Speeches, Lectures, And Letters 2

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Speeches, Lectures, And Letters 2
Phillips, Wendell, 1811-1884
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A judge who commits a crime, whether in his official capa city or not, may be punished by indictment, precisely as any other man may, — this principle may be left out of the question. A judge, who, sitting on the bench, trans- gresses the laws in his official capacity, may be impeached by the House of Representatives before the Senate, as a Court of Impeachment, and removed. (Const. Mass., Chap. I. Sec. 2, Art. 8.) The petitioners do not ask you to impeach Judge Lo- ring. Why ? Because they do ...not come here to say that he has been guilty of official misconduct. To render a judge liable to impeachment, he must be proved to have misconducted in his official capacity. I shall not go into the niceties of the law of impeachment. One would sup- pose, from the argimients of the press at the present time, and their comments on Mr. Loring's remonstrance, that a judge could not be impeached imless he had violated some express law. This is not so. It has been always held, that a judge may be guilty of official misconduct^ and liable to impeachment, who had not violated any positive statute.

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