Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1859-01-06
VOLUME XIV.

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RoUs, AS TAKEN FROM THE Con-
GREssEoNAL GLOBE. er457e
Judge Watrous is District Judge for
the United States, for The Eastern Dis
trict of Texas, and was charged before
the lower House of Congress, with Off
cial corruption. Among other charges,
was one, that he had entered into large
land speculations, the titles to which de-
pended principally upon his own de-
e,sions.
Mr.. VALLANDIGHAM said I do sat
riso = snaal apan thss flets Of tlIis-ease,
nor, indeed, to discuss anything; but
rather. to state briefly the conclusions at
which I have arrived, and the reasons
which control my vote.
begin just where the gentleman
from New York Mr.. c. B. Cochrane
began. Before inquiry into the facts in
any case, it is essential first to compre-
hend clearly the law or the principles
to which they are to be applied. By
what law, then, are we governed? Up
on what principle ought this House to
proceed in ordering an impeachment?
In what scale shall we weigh, by what
rule shall we measure. the facts in this
ease? What, sir. is an impeachment
under the Constitution of the United
States, and by the House of Represen-
tatives2 Sir, this case has been heard
and argued all along as though it were
n trial, and trial By criminal law, and
under penal statute, and it has been
just so argued by the gentleman from
New York. Certainly the mistake is
by the committee speak it most de-
ferentially-a course sustained by but
one precedent, and that not in the Uni
ted States, has, in my judgement, caused
all this embarrassment. They have
heard the whole case; have examined
witnesses in full aud at length on be-
half of the accused, and have reported
not only the whole testimony before
them, but elaborate arguments in de-
fence of the conclusion at which they
have severally arrived. But all this
does not change the nature OF an i'm
peachment, nor the duty of the House.
And here, sir, at the very threshold,
il becomes us to lay aside old habits and
associations. Whoever hears Of an i'm
parchment. thinks involuntarily ofgreat
orators. and great criminals: OF Cicero
and Verrcs, of Burke and Hastings
Splendid visions rise up before him.
Every lawyer, too, turns at once to
Hale's Pleas of the Grown, or Chittys
Criminal Law, Cor the rule anil practice
aoverning inrpeachments. Now, sir,
ggainst all this, maintain that impeacl
xvskh r0f, Il vrOoaaA
ing at all. We are not a grand inquest;
we are not grand jury; and all ana
logies drawn fir m them, tend only to
misIead and confuse. Impeachments
in England and the United States are
two essentially different things. They
differ in the persons who may be ina
pc9ched; they differ in the object of
impeachment; they differ in the nature
and jurisdiction of the tribunal, and in
the punishment that follows upon con
vietion. In England the high court of
Parliament is strictly a criminal court,
and court of public and general iuris-
dietion. II is so treated in all the books;
and it is as much. and as closely bound
by the rules of law aud evidence, as in
the Court of Kings Bench. All per:
sons-Lords and Commons, officers
aud private persons-may alike be tri-
ed by it, they may be tried for any Of
fence, and may be put under arrest
pending the trial. The punishment is
the same as upon conviction in any 9th
er court, extending even to the death
penalty; and the nature aud purpose of
tho tribunal is the punishment or re-
preston of crime.
Not so under our Constitution. The
Senate of the United States is not
criminal jurisdiction. 1t exercises no
judicial power other than impeachment;
and even here its power is not strictly
judicial None but civil officers are
subject to impeachment, and the judg- |
ment-not the punishment, for that
word is not used-extends no further |
than removal from Office and political |
disability. The accused is not liable to |
arrest, and the case may proceed, tho |
he should refuse to appear. There eau |
be no conviction unless two thirds of
the Senate concur; aud neither life, lib |
'erty, nor estate is affected by it. Tho
the offender were the President of the |
United States, great State criminal,
convicted of treason, hatched and con-
summated here within the very capital
yet could not hair of his head be
touched. You could not even put him
under arrest pending the trial. And
more than this, neither conviction nor
qcquittal by the Senate can be plead in
bar of an indictment for the same of
Tense, pending in a court of ordinary
criminal jurisdiction, nor can the judg-
ment of the Senate be given in evidence
upon such trial.
These incidents, sir, all indicate un-
mistakably that impeachment with us is
not criminal proceeding, and what we
are not to look for the rules and prac-
tiee which govern in to the com non law
of England, nor yet even to the usages |
of Parliament, but only to the Consti-
tuition of the United States and our own
practice under it. By that instrument
1t is limited and defined; and we are as /
much bound to respect these definitions
and limitations as any other part of the
Constitution.
What, then, Palpably, are the objects /