The Placer herald., 1862-05-31
THE PLACER HERALD
AUBURN, MAY st, 1862.
The Trial and Judgment in the Hardy
Case

oardjny the same no difference what our opinions
may be as to the correctness OF the same. we
are now speaking of Courts established andeF the
judicial system of the State, or United States-of
their acts say, newspaper comments ID our
opinion are out Of place-their acts are often
renewable by superior tribunals, and above ali
they are Courts of Justice. But the Senate Of
the State of California, purely political body,
is made Court to try District Judges who are
liable to be tried and impeached for any "misde-
meapor in public Office" and from the judgment
Of this Court, when acting in case in which it
has Jurisdiction of the person and subject matter,
there is no appeal. With this arbitrary power in
their hands, right minded man would be very
careful when setting as q member Of that Court;
be would eadeavor to divest his mind as far as
possible, Of party bias and personal prejudice,
and should doubt arise as to the jurisdiction
Of the Court or of the guilt of party. be would
elways give the defendant the benefit of that
doubt. He who is worthy to wear the Senatorial
toga, should be an intelligent high toned gentle
man. and whether the incumbent be so or not be
should at least rs far as he is able, assume that
character for the sake Of his own reputation and
dignity.
The recent trial Of Judge Hardy develops the
fact that the ruling majority of the Senate of the
session of 1862. falls far short of the foregoing
requisites. It has shown itself tbe willing engine
of parzau fury and personal hate; and either
wiIfully disposed to usurp powers never confer
red on it, or grossly ignorant of what it really
had jurisdiction Of In charity, we are inclined
to believe it was gross, stupid ignorance, ana that
they should have the benefit of having written
then selves asses-Dogberrys filed to bursting
with vindctye partizan fury and personal spite.
Take for instance the Hon. Mr.. Parks from Sutter,
the gentleman who has for the past two or three
sessions, been ndeavoring to thieve portion
Of this county-he by his own confession voted
aye, upon the question Of guilt, (and by his single
vote made the requisite two-thirds) when he had
not decided in his own mind that Hardy was
guilty. He wanted to postpone sentence, because
he had reserved the right to change his vote upon
the question of guilt, and be wanted further time
TO examine that question But not an hour would
they allow him. 1t is true the Senator may have
some little trade bridge bill or some other
matter OF that nature and have felt anxious to see
how they would come out before he carried out
the entire programme, but then the Senate show
ed its meanness, by not granting the request
based upon the grounds he publicly gave. Then
there was another Senatorl who objected to
Hardy's having an opportunity to speak before
sentence should be passed upon him-such lbe-
raj, just minded men as he, administered poison
to Socrates, and established the inquisition, cen
turies ago But enough of illustration, there can
be no question as to the material out of which the
two third vote is made As Court they voted
L,r of hat iC thor n cri IN
against the State OF California, nor the Govern
ment of the United States. They only had power
to try him for "misdemcanor in Office" whereas
that which they voted him guilty of, had no
earthly connection with any business before any
Court or any judicial act under the sun. They |
voted him innocent on all the charges that had
the most distant relation to his judicial functions
or the manner in which be conducted himself rs
q Judge. And for this reason the judgment of
the Senate is utterly void and without force
They voted him guilty of 'using seditious and
reasonable language of and concerning the
Constitution and Government of the United
States,' which is not n public offense by either
the laws of this State, of the United States,
and never was in this country except made so
by the odious sedtion code Of the elder Adams,
curses of the entire American people, in the
year 1901 There is nothing like it on our
statute books. 1t is acts and not words that the |
law Furnishes as crimes. The bin of rights of the
State of California declares: Every citizen may
freely speak, write and publish his sentiments on
all subjects, being responsible for the abuse of
that ri ight, and law shall be passed to restrain
abridge the liberty of speech or of the press"
The Constitution of the United States also de-
clares that Congress shall make no law. 'abridg-
ing the freedom of speech or of the press"
Judge Hardy had legal right to advocate a
despotisn. aa many Of the Republicans aSe now
doing. The nearest approach to it on our statute
books is treason, but that is defined to consist
only in levying war against the State, adhering
to its enemies. or giving them aid and comfort"
must be proven by "two witnesses to the same
overt act. or confession in open court and the
punishment is dea.A-not removal from Office.
The crime of treason against the United States
is described quite similarly, bur if it was crime
against the Government Of the United States, it
is well settled by all the authorities that it is not
within the province of any State tribunal what
ever, unless authorized by Statute, and there is
none, to try party for the offence. The judg-
ment of the Senate is therefore for this additional
reason void and of no effect. The constitution
of this State provides that in causes tried before
the Senate, mo person shall be convicted without
the concurrence Of twothirds of the members
present" In passing sentence of dismissal from
office upon Hardy, the vote stood twenty-one to
fourteen. The sentence is the judgment Of the
Court after the hearing of the cause.-the trial of
fact and the sentence, are two things that must
conjoin to make out record of conviction-one