The weekly hawk-eye. [volume] (Burlington, Iowa) 1858-1860, 1858-10-12
Clax9.s bsssrs ,he Ler,s,asure.

D Clagges before she Lcglsaasure.
. The following are tbs proceedings had laa
. winter on the Clagget matter ~ published j
: the Des Noines papers. We republisa bsoaas
! ''she Court" i in the habit OF lying vbensvsr
|. has occasion to speak Of the matter: a~ai
. The special committee. consisting Of Messri
Clark Of DnbuQue, Clark OF johnson, Thomp
son, Trumbuli and Curtis, to whom were referee
the petitions Of sundfy citizens Of the FIRST Ju
: dicial District, praying fort impeachment .
i Thomas W. Clsggest, Judge Of said district
made the following report:
The Special Committee TO whom was refePre.
certain memorials and petitions calling in cues
/ tiOn the official conduct of Thomas w. Clagget
Judge Of the First judicial District, and asirln,
that be be impeached Of high crimes and mis-
demeanors, haze had the same under consider
alton and ask leave TO
, That they find no cause OF impeachment, and
asked 70 be discharged from the further consid
er.ton Of the Subject.
NJ. CLARK Of Dubuque, said be thought .
brief explanation of the reasons which led 10
shis action OF she committee would be more ga.
tlsfactory to the House than entire silence. In
addition 10 the charges which had been pre-
TERED against the Judge, the committee had
received numerous remonstrances from citizens
Of that portion Of the State against the i'm.
peachment. With the committee these remon-
strAnces had no weight, and did not influence
tnem ~ their conclusion. They had nothing to
90 with the facts, but we're merely expire ssions
Of the opuon Of those citizens. The commit
tee had investigated the charges by the facts at
hand. They had not deemed it expedient to
summon Witnesses, but bad heard the state
ments Of several Of the parties preferring the
hnP Pnna AaA IL A. - -
himself, and concluded it not best to pursue the
subject farther.
From this evidence, the committee were Of
the opinion that the Judge had acted inds-
creetiy, hastily, without due consideration, and
with the appearance Of being arbitrary. The
committee do not wish to shield him from any
wrong acts he may have been guilty Of, but in
their opinion the cause Of impeachment rested
more upon the motives which prompted the acts
than in anything else. If an explanation would
mitigate wrong act, he should have the bene.
nt q it. Public functonaries may do unlawful
things and not be mpelled by any wrong mo-
tives.
will allude to some Of the charges referred.
In one instance. an attorney was charged with |
alleged contempt, and fined. The Judge con-
iessed that he was filled with Indignation at the
time, but the committee think he had no lust |
cause, though he thought he had. The Judge |
thought that in certain case the lawyers were !
In collusion against him, respecting the making
up OF an issue, but the committee think be was
mistaken, and that he should have given them
an opportunity to purge themselves Of the
crime.
Another attorney was fined for mutating the
record. The evidence is not very clear on this
po.nt, but the Judge thought that such design
did exist
Again. ne is charged with saying that he
would so shape his course as to defeat the Law;
but he says he only meant that he would so
shape his course that there should be no eva
sion OF the law, and that If he should be con-
vinced that the jury had corruptly decided
against their instructions in law be would i'm.
prison them.
Another charge 10 that he had affixed uncon
stitutional bail in . certain case-at first fixing
i " $500 and afterwords raising it to $4,000
on account Of prejudice against the defendant.
The Judge says the defendant made an insulting I
attack upon him. and wansonly abused him.
The committee think this no good reason for 4
;hange in the bail, nor do they know that he
I'D 1t on that account, yet it would appear SO ,
rom the great provocation he had offered him. !
These are some of the charges preferred against :
lin but not all.
Mr.. Speaker, the duties involved in the Office :
# judge are Of the highest character, and the !
aw has in view two purposes pertaining to that i,
'fficer while enforcing the laws Of the land !
rom the bench. /
First, to preserve the Judicial ermne pure; :
econd, to get rid of an evil Judge-for the :
rst, impeachment may be necessary; and in a !,
ase sufficiently clear and imperative there !
honld be no hesitancy. But in cases Of doubt. r
ne limited term for which the Judge holds NAV !
ffectuate the desired purpose. The Judge :
ompalned Of may be arraigned ut the bar Of !,
ublic opinion and adjudged unworthy Of con- ),
nuance in his position. The committee are OF 4
pnion that this view OF the case is worthy Of :,
in the present instance. To pre- !,
r articles OF impeachment when the evidence 8,
conflicting, and the result extremely doubt il
i, seems to the committee not advisable, es- 4.
ecially when the term Of the incumbent lasts :,
ut few months, and may expire as soon as a :,
ial by impeachment would be brought to ~
0se. -
With these remarks he asked the concur 80
nee OF the House in the report of the CON- h.
ittee. -
Mr.. Curtis said that it was due to himself as :,
member Of the committee, to say that during =
J investigations he had been confined to his ),
ON by sichness-yet he had such confidence :. -
the ability and impartiality Of his colleagues -
at be concurred in their conclusion. !" ~
Mr.. Dewey wished 70 know il the committee - -
d received the memorial Of the Henry county r,
Nr. Clark Of Dubuque, said he had but that Z.
had not been received until after the commit :,
e had made up its report. He asked how long ).
n'emen wished the case kept open? os
Mr. Bradley said he should vote against the i,
port, because the committee had not consid- J..
ed the memorial. -
Mr.. Randolph moved the report lay on the ~ ~
bic until Monday next Lost, 33 ayes, "a ~
ys, as follows: - -
Yeas-Messrs. Anthony, Bates, Beal, Bradley, - :,
mpbell, Carpenter. Casey, Cooley, Collins, ~ !,
awford, Dana, Davis, Dewey, Foster, Grimes, -, =.
le, jackson. McCrary, Miilard, Milliser, Nit -.
ell, Milsap Moorman, Morgan. Pierson, Ran g. g.
lph, Rankin. Reitze, Scott, Streeter, Watts, ii.
iison, Mr.. Speaker. rs
Nays-Messrs. Ayers, Bauder Belknap Ben - -
IT, Cassaday Of Van Buren,, Casady OF Wood
ry, Cassidav of Mahaska, Cavanagh, Clark Of
. Moines, Clark OF Dusuque, Clark Of john in
., Clune, Curtis, Dew~, Gray, Guiberson, Har- he
N, johnson, Lambert, Laney, Lnndy, Ma. ini
ney. Mccormick, McGrew, Prentiss. Richard fal
q, Sprague, Sterns, Stewart, Thompson, Sh
uihbull, VAIN, Woodward, Wright. tic
Absent or not voting-Messrs. Alger, Drum DO
md, Edwards, Sewers and Sharp. co,
The Report was then concurred in by the fol- fri
wing vote: ev,
Yeas Messrs Anthony, Ayers, Bates, Bau Fr
:, Beknap, Bennett, Campbell, Casey, Cassa- lib
y Of Van Buren, Casaday Of Woodbury., Cas- The
ay Of Mahaska, Cavanagh. Clark Of Des int
ines, Clark Of Dubuque, Clark Of johnson, ths
me, Crawford, Curtis, Davis, Dews, Gray, air
iberson, Harmon, jackson, johnson, Lam mi
I, Laney, Lundy, Mahoney, Mccormick. Mil tht
y, Millsap, Morgan, Pierson, Richardson. fat
arp, Sprague, Steward, Thompson, Trumbull, wh
lin, Watts, Woodward, Wright-44. VA
Says-Messrs. Beal, Bradley, Carpenter, Coo.
Collins, Dana, Dewey, Foster, Grimes, Cue,
Crary, hcGrew, Miiard, Moorman, Prentiss, MA
nkin, Reitzel, Scott, S.crns, Streeter, Wilson, ha'
Speaker-23 PR
absent or not voting-Messrs. Alger, Drum
nd. Edwards, Mitchell and Sewers. un
)n motion Of Mr.. Woodward the House ad- / no
rned. ish
------- fou
IoRsE THEY HUNG NJ 4 MoB.-Last week I'll
gave an account of horse thief, BY the am
ne OF Locke, having been arrested in Glas- inc
=. this county, and taken to Pike county. the
! learn that hs was kept in custody 10 Barry, 10
II last Wednesday night, when . mob took ",
, out and hung him until he was dead. No ,