(1.)
The undersigned members of the H of R have seen with unalloyed regret, the decision of this House, in
favor of the resolutions against impeaching, John Pearson Judge 7th Judicial circuit, upon the charges and
specificat[ions] lately professed against him.
Those charges are of a high and grave character, and as evidence that they were so
considered by the
House it will be seen that the House resolved by a very large majority, to hear the proof relied upon to
sustain them.
That proof has been heard; it has not only tended to sustain but it has established,
by the highest grade
of testimony every specification, made alleged against the respondent nor is there one fact
stated in those specifications which has not been proved either by the records of
the Circuit Court or
the oaths of Two respectable and intelligent witnesses.1 And we here embody in this protest some of the facts thus established, It has been proved that John Pearson Judge 7th Judicial
Circuit has violated the right of trial by Jury by refusing to permit the Counsel for the
prisoner, a
peremptory challenge to a juror his prescribed number of challenges not being exhausted,
alleging as the
reason therefore, a rule of practice of his circuit which was unreasonable against
the forms of the law,
and the ^letter^ spirit of the Constitution He
has prevented an appeal from his decisions to a higher tribunal, by refusing in numerous
<Page 2>
(2)
cases to sign "bills of exceptions" containing a statement of his decision and the
testimony on which such decision was based, when he as well as the counsel in whose
favor he decided
admitted [...?] these statements to be true, and when the statutes of the state expressly making it his duty
to sign such bills of exceptions have been read to him he still persisted in his refusal,
saying that
such statutes were but a "legislative flourish."2
He has arrogated to himself the right of final decision subject to no appeal by refusing
to hear and
disobeying the process of the Supreme Court of the state of Illinois, commanding him to sign a bill of
exceptions, thereby treating the mandates of a superior court with contempt, and denying
an appeal from
the tribunal over which he presided3
He has treated with Contempt and scorn the process of a court of the United States,
which
he was bound to obey by refusing to hear it and by treating it with utter neglect.
He has acted in an arbitrary and oppressive manner, by threatening to punish counsel
for
presenting in a respectful manner the process of the Supreme Court and the Court District Court of the US, and by actually punishing them for so doing, not once only
but repeatedly, under the influence of passion
<Page 3>
(3)
and excitement thereby perverting the power placed as a sacred trust in his hands
to the
indulgence of personal feeling and private resentment.
He has shown culpable ignorance of the law, by quashing an indictment, for the sole
reason that the clerk had left out one word in the copy delivered to the prisoner
and by quashing
[twenty?] indictments at one term for the single reason that the
date in the caption was in figures when the statute of the state, expressly directs the caption to be so
written, Thereby permitting crime to have a free course, obstructing public justice,
and degrading the
character of the judiciary in the eyes of the world.
That these facts the proof has been made
These facts have been proved in the presence of this House, and every candid observer will bear us witness
that they have received no darker coloring from our statement, and yet with these
startling facts fresh
in the recollection of the House, it has been solemnly decided by a majority in which was included
[
?] every member agreeing in political sentiments with the [...?] the respondent that they did not afford reason that the said John Pearson should be impeached
that decision is final
<Page 4>
Springfield
January 9th Ad 1840
my Dear wife and Children
[...?]
has this moment past the House of Representatives Deciding against and impeachment
against Judge
Person4
(4.)
he is again to ascend the bench again to be entrusted with the "issues of life and
death"
& again, to officiate not merely as a minister of stern and impartial justice, but
as the
representative of the majesty and dignity of the bar,
To permit this result, without the formality of a trial, is in our estimation dangerous
if not fatal, ^to the purity of the judicial character^
to the judicial character, we consider it a We have ever
struggled to maintain the independence of the judiciary, and to place it high above
the assaults, of
party violence and political feeling, but we have also desired to see all judges,
amenable to the5 law, they are called upon to
administer, and and subject to those [...?], restraints wisely provided for in the practice of other countries and the constitution
of
our own, we believed that in this case the authority of precedent, the usages of the
past and the
dictates of the constitution have been a like disregarded and being firmly of opinion
that
<Page 5>
(5.)
of this House
the6 decision, will
tend to render our judges irresponsible, and to bring our courts into contempt, to
destroy the rights of
individuals, and [...?] cast disrespect on the administration of public justices, we therefore present this
[...?]
of facts remonstrance against the judgment of the house.
And if when time shall have made these prediction pro
And if when as citizens of the state rejoicing in her
honor, and sorrowing in our shame, we shall find these predictions fulfilled, if and the temple
and be compelled to look back to the action of this honorable House as the fruitful source of
judicial opp. . .
^t[yranical]^ and
op[p]ression
casting a stain upon the public character and bring any ruin to individual interests
we at
least desire, that all men may know, that as we [have] not assented to the decision, so we are not answerable for the consequences wherefore
against the
resolution of this House, declaring that the Hon J. P[earson] Judge &[c][etc.] should not be impeached and
brought to trial, we do most earnestly respectfully but earnestly
protest7
E D BakerArchibald WilliamsJno H Murphy<Page 6>
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vital JarrVital JarrotSam D MarshallWm H. HendersonRichard KerrJoseph G BowmanWyatt B StappAllen EmmersonAlexander PhillipsRobert McMillenJohn J HardinJohn W. ReadJohn DawsonWm OtwellJesse K DuboisT. DunnJames CraigAlden HullJames T. CunninghamRichd W. StarrWm F. ElkinGermanicus KentJohn HenryAndrew McCormickMoses HarlanCheney ThomasE. B. WebbW. B. ArcherJ H LyonsA. Lincoln (true, as I believe)
<Page 8>
1On January 9-10, 1840, James M. Strode and Grant Goodrich, both attorneys in Judge Pearson’s courts, testified before the Illinois House in
regard to Pearson’s judicial misconduct. They testified that in the circuit courts
in which Judge Pearson presided, he had unjustly denied peremptory challenges during
jury selections, had refused to sign valid bills of exceptions necessary for appeals
to the Illinois Supreme Court, and had retaliated against lawyers who disagreed with him by charging them with
contempt.
Sangamo Journal (Springfield, IL), 14 January 1840, 2:4-5; 17 January 1840, 2:1-2.
2“An Act regulating the Supreme and Circuit Courts,” approved 10 January 1829, The Public and General Statute Laws of the State of Illinois (1839), 168-74.
3In July 1839, the Illinois Supreme Court had issued a writ of mandamus against Pearson, ordering him to sign a bill of exceptions
in a Cook County Circuit Court case.
People v. Pearson, 4 Ill. (3 Scam.), 270-85.
4The author of the petition reused a piece of paper on which he had begun a letter
home to his wife. This dateline, address, and introductory sentence appear upside
down on the bottom of this page.
7In February 1840, the Illinois Supreme Court fined Judge Pearson $100 for refusing to answer that court’s 1839 mandamus action
against him. As Pearson had since resigned his post as judge, the court could not
compel him to perform his judicial duty and so fined him instead. In the opinion,
the court accused Pearson of “an obstinate determination to resist the authority of
the law, in utter disregard of the rights of the injured party, and of the duties
of his station.”
People v. Pearson, 4 Ill. (3 Scam.), 270-85.
Handwritten Document Signed, 8 page(s), Lincolniana, Illinois State Archives (Springfield, IL)