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Updated: May 21, 2025
It would seem to be a fair inference that indictable offences were originally limited in the same way as those which gave rise to an appeal. For whether the indictment arose by a splitting up of the appeal, or in some other way, the two were closely connected.
It is true the Blasphemy Laws are not yet repealed; it may be true for all I know that Christianity is still part and parcel of the common law; it is possibly an indictable offence to lend Literature and Dogma and God and the Bible to a friend; but, however these things may be, Mr. Bradlaugh's stock-in-trade is now free of the market-place, where just at present, at all events, its price is low.
A master had wantonly cut the mouth of a child, of six months old, almost from ear to ear. But did not the verdict of the jury show, that the doctrine of calling masters to an account was entirely novel; as it only pronounced him "Guilty, subject to the opinion of the court, if immoderate correction of a slave by his master be a crime indictable!"
In a general way, their view of the matter may be stated thus: Because judges of the United States are guaranteed continuance in office only during "good behavior," and because impeachment is the only method of removal recognized by the Constitution, the "high crimes and misdemeanors" for which impeachment is the constitutional resource must include all cases of willful misconduct in office, whether indictable or not.
In such cases, the remedy only is suspended; and other cases may occur on these principles, where, from other circumstances, the remedy only is suspended until the termination of the war; as for example, in most cases of executed contracts. Trading with the Enemy, was at an early period an indictable offence in the English Court of Admiralty.
Those who have unimpaired memories may recollect the fortune amassed, many years previous to this history, by one Rodney Henderson, gathered and enlarged by means not indictable, but which illustrate the wide divergence between the criminal code and the moral law.
The boycott is a conspiracy to injure another person, and as such indictable at common law. A strike, if a conspiracy only to raise wages or to reduce hours of labor, may not be indictable, if its object cannot be shown to be the injury of another, though that may be incidentally its effect.
In a remarkably brilliant speech before the House on December 5 and 6, 1867, he maintained the doctrine that the president and all other civil officers could be impeached for acts that were not indictable, although the contrary was held by many eminent lawyers, including President Dwight, of Columbia College, who wrote a treatise in support of his theory.
The boycott is a conspiracy to injure another person, and as such indictable at common law. A strike, if a conspiracy only to raise wages or to reduce hours of labor, may not be indictable, if its object cannot be shown to be the injury of another, though that may be incidentally its effect.
If, however, it should appear upon the trial of the several conspirators for seditious language, that they, or that any of them, had, by good affidavits, used indictable language in September, not having used it sooner, or having guarded it previously by more equivocal expressions, then it must be admitted that the spirit of this third explanation does apply itself to the case, though not in an extent to cover the entire range of the difficulty.
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