New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-03-13
Impeachment Of Judges.

10 Ie hGdT q The Tribune;
Mr.. Bascom, on presenting to our Assembly
petition for the impeachment Of the Judges Of the
Supreme Court for continuing 70 appoint public off,
GERS in the usual manner by licensing Attorneys
and Counsellors in violation Of the New Consttu-
ton, is said, in an Albany newspaper, 70 have re
marked, that the petitioners were evidently labor
ing under Misrepresentation. The clause Of the
Constitution to which they refer does not apply to
existing Courts" Why mott The Constitution
with certain specified exceptions, went into full op-
GRAFTON the LIST OF January last The clause rels.
tive 10 the power of appointment TO public Office.
and 70 the admission OF persons Of "good moral
character &c to practice in all the Courts Of this
State" is not among the exceptions and hence is
binding on all the Judges Of all the Courts Of this
State. rithoH an exception. Has this State Su-
preme Court Then this clause is binding douby
binding on that Court First; Tiny shall not eIer-
cise ASY power Of appointment 10 public Office.
Second Amy male citizen If the age Of p years
of good moral character, and who possesses the re-
qusite qualifications Of learning and ability, shall
be ENTITLED to admission TO practice in ALL the
Courts Of this State
What declaration Of q Sovereign People can be
more sweeping than this sentencel IL is idle 70
pretend that it does apply TO existing Courts.
Let Mr.. Bascom point out, II he can, line of the
Constitution which suspends the operation Of this
1sfing Courts" or any other Courts which may
hereafter exist
$50 OF the same article provides that
"Ko judicial officer, except justices Of the peace sha
receive 70 his any fees perqustes Of Office
Does this abolition OF brides in the share o. fees
apply to eristiHg Courts Most certainly it does
Mr.. Bascom may as well deny this also. But what
says the Constitution Art IL, sec. ii suspends
the operation Of this clause until the LIST of July
next.
shall take may continue receive such fees and
perqusies Of Office authorized by law, until
the first day Of July ls47 notwithstanding the provs
ions OF the goth section Of the 9th article Of this Con
shtution."
But for this suspension we should have had
cleanfngered, bribeless judges at New-Year, in
stead Of the lat Of July. Let Mr.. Bascom, or any
other man, judge or Justice, who has or has not
sworn to support this Constitution, point out
clause therein suspending the operation OF section
z, art. o. as the clause last quoted suspends sec.
ton 20, and we will then agree with him. Until
he does that, be will find that existing Courts,
in the Judgment Of the great body Of the people.
are bound by IT, and viii be held accountable for
their observance Of it.
The Supreme Court it seems have given the ar
ticle q construction which Mr. Bascon deems 10
be 'orong, but Judges he says, could not be i'm
peached for an opinion" This is a new doctrine
that Judges cannot be impeached FOR an opinion
Suppose the Judges should be OF opinion thst
theft, robbery arson and murder were not crimes
and were not punishable as such-that the HcW
Constitution is not so good as the old one and IS
therefore to be regarded by their Honors q dead
letter-that the Declaration of independence was
out flourish of rhetoric, and the Revolution pre-
mature q mere abortion. and hence 10 be set aside
the the omnipotence Of Parliament, OF King Lords
and Commons acknowledged and restored to ell
their former splendor IN Church and State Suppose
=. frlf@.
tain either or all Of these opinions and publish them
the rules Of Court for future guidance and prac
tice, will Mr.. Bascom undertake TO say they could
not be impeached for an opinion = What right
have Judges of existing Courts" to undertake 10
say who is and who is not OF good moral charac-
ter 2" who does and who does not possess "the
requisite qualifications OF learning and ability p
The Constitution has not conhded the matter 10
them, DOR even to the Legislature. Neither the
former nor the latter bodies have anything to do
with it. The People themselves, when they rati
fed the Constitution settled the matter. and no
power short Of another ratification OF a counter dci
of another Contention can disturb il.
What standard Of moral character would the
judges of existing Courts" establish A desire
to preach the Gospel at Sandy Hill, or might to
drink wine, and strength 70 minge strong drink
Gambling in stocks or betting on elections Pro
fame swearing. or long prayer, aiias Pr0liE bills IN
ChGHce7y2 Their donors might find it pretty
ticklish experiment to go into Investigations Of
the moral character Of all applicants The People
have settled the matter much better by taking the
power from existing Courts, as well as from the
Legislature. Every man is taken and deemed T.
be innocent until he be proven 10 be guilty-of
good moral character, and possessing all requisite
qualifications OF learning aud ability, until the con.
trary be clearly established However disagreeable
to the Judges Of q" existing Courts. they must bow
in submission 20 this fiat Of the People. soon, /
very soon, the places which u0c know them. viii
know them no more. FOREVER!
A word more upon the subject Of impeachment
for an opinion. Mr.. Bascom may not be convinced /
BY my reasoning. but he is a man OF considerable I
talent, and may like 70 have an authority
In examining the Parliamentary history OF impeach
ments IL win be found that many offences not easily
dehnable by law and many Of purely political eharse-
ter have been deemed high crimes and misdemeanOrs
worthy Of this extraordinary remedy. Thus, Lord
Chsncelors and JrpGEs and other magistrates. have
not only been impeacbed for bribery and acting grossly
contrary the duties OF their Office but for misleading
their soveresus BY unconstitutional opinions and for a.
tnp.s 10 suhVert the f4Hdazeaal lars and introduce
arbitrary power '-Storys Com on Con- L. : v D. pc
Some Of the offences indeed, for which persons /
impesched In the early stages Of British urspru
dence, would now seem harsh and severe" sc. &c 4
But others again, founded In the most saiiary
public justice-such impeschments for mayersstOns
snd Eeles n oesf for encouraging pirates for Official
oyp7sSs0a sxtOrtiOns and deceits and especially for
putting good magistrates out Of Office and advancing
bsdT-Ib 262 Com. Dig. Parliament l.. = to 20.
Ii trsnsgressors against the dark unwritten I
provisions the British Consultation were thus l-
peached and punished for misleading tlsir soser-
eigns by unconstitutional opinions, and FOR a.
,eBipfs to subvert their fundamental lsws-for ne
elects in Office and oahcial oppression--' Of how
much sorer punishment, suppose ye shall the
Judges Of our existing Courts be thought wor.
thy who have trodden under foot plain proyi.
SION Of the written Constitution Of tins State adopt
ed with so much unanimity. after 90 leng ard -
arduous a struggle for legal reform ind for the
abatement Of Judicial nuisancesl Nr. Bascom
and his colleagues must not forget that the As
'embly i the Grand Inquest Of the State They
INST not forget that the People Of this Syte look
% them, and have loudly called upon them to guard
md uphold the fundamental laws Of New York
With At least az much vigilance and energy ss the
members Of tho British Parliament Ia times Of
-reat moral delinquency. were wont 70 employ iu
rapport Of their Constitution. FRASSLIS.
~ Col. Gushing arrived yesterday IN the City
rom Boston on his route 10 Mexico 20 Washington
Sy-for which piscs hs leii IN the afternoon Al hsif
sst f,ur o'riock The Colonel with hs INK urisnt