The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-31

defence, In which be eoosiAersd they had dane
honor 10 themselves md society,"" The counsel
Who appeared were yacob Dunet, afterwards
member Of the Senate Of Tie United States, Ar
thur s. Clair, son Of Gen St Clair of revolu.
tiocAy memory, William Creighton and Henry
Brush, subsequently, members of Congress, and
Lewis Cas-, all we'll known names In the early
history Of Ohio
The immediate cauee Of the attempted impesch-
ment may be thus briefly stated An oct had been
passed BY the Legislature giving to Justices of
the Peace jurisdiction In all cases of debt to an
amount not exceeding fifty dollars The consti-
tut!opaliy OF this provision for all Gums exceed
ing twenty dollars had been contested, and the
Court OF Common Pleas for the Third circuit and
the Supreme Court had decided its uncousttu-
tiopall,y. This decision occasoned great excite
mfnt in the State, and after some abortive efforts
he'd TO the impeachment of the obnoxious Judges
Ted OF the Supreme Court the father of the pre-
seut emintnt citizen Of Ohio, of that name, and
Pease, the President Of the Third Judicial Cir
cult, before whom the QUESTION was first brought.
Without going into unnecessary detail, the
poiEt in controversy will be rendered sufficiently
obvious by quoting one of the charges against
Judge Posse. II exposes The pretension of the
House Of Representatives in its true colors. 1t
changes that, sitting a. President Judge, he had
decided on various occasions that the Court had
full power TO get aside, suspend and declare null
and void the fist section of the act defining
the duties Of Justices Of the Peace"
Nv ~ tha Ind had
decided that section to be against the cOnsti-
tuition. and therefore OF no force and effect. This
was the principle involved and brought to So
Tenn judicial decision in there cases. The trial
for imp achment was conducted with good deal
of warmth, approaching violence almost and its
progres wsz watched with much anxiety by the
people OF the State. The judgment was pro-
Judge Tod was acquitted by vote of-gullty,
10; not guilty, Q. This numerical majority was
not sufficient for conviction, IA the constitution
of Ohio required Tor that purpose the concurrence
Of two-thirds Of the Senate. Judge Pease was
subsequently tried, and was acquitted by SINH
lar vote on the 9th of February following II is
curious circumstance shown by the record, that
two of the Senators-Irwin and Kinney changed
their votes. The former voted guilty in Tod's
case, and the latter not guilty. In the case of
Pesse they changed positions, Kinney voting
guilty and Irwin not guilty. As the real ques-
ton was the same in both cases, and the facts
not disputed the motive for this course it is diff
cult to conjecture. One vote more added to the
majority would have established In Ohio the
IL hat ind; has r;xt,t - l.
eide upon the consttutionality Of Law, thus
leaving the Legislature practically omnipotent.
Since the above, numerous other decisions have
established the principle that the law-making
power il not omnipotent, and that il must, in its
turn, occasionally yield obedience 10 the tribu-
mails which are the specially constituted guard.
ans of the rights conferred by the constitution.
II is well for the permanence Of our institutions
that we have this protection against the lgno-
rance ana dishonesty Of legislators, who are,
generally speaking, nominated to their high
trust merely for their party services ard who are
liable to be made the ready tools of political as
prants. Were il otherwise all confidence in the
Integrity and purity of our political system would
be destroy ed, and individuals and communities
would place their own construction upon the
laws, and soon throw the whole political machine
into confusion. Ii is the conviction of these
facts which has given to our courts OF last resort
an authority superior even TO that Of the govern
ing power, ard rendered them virtually the bal
ance wheels in our political system. As long as
the American people continue to respect that
authority, and to yield ready obedience to lis
decisions, no dangers can ever menace us from
our own excuses. With such a safeguard, and
the remedy afforded to US against evil doors by
the ballot box, we need be under no apprehen-
sion that in our regard the hopes Of the enemies
Of republican institutions viii ever be realized.
COMMON SENSE OK CrTY ArP,Rs.--We see that
meeting of residents Of the Fifth ward was held
on Wednesday evening to take counsel in reference
to the death Of Mr.. Van Liew aud tia. at said
meeting, certain speakers inveighed against the
city authorities. called furiously for Vigilance
Committees, and offered TO take lead In getting
up revolution We have no desire TO hurt the
feelings Of any sincere friend Of Mr. Van Liews;
but we can only say that, 70 long as the Seventh