The New York herald., 1867-01-29
IMPEACHMENT.

Origin and History or ihe Trial of High
Grimes md Misdemeanors by parliamentary
Bodies-English Precedents from the Reign
Of Edward Ill. 10 the Present Century.
The action lately taken in Congress by the honorable
representative from Ohio, Mr. Ashley, in presenting
petition praying the impeachment of the President
OF the United States Of such important nature
and so little known laws that for the beneit Of
our readers propose give brief remarks and
observations upon the origin Of by impeachment as
derived from English precedents. which, owing to the
absence OF precedeuts under laws must neces
sarsy govern any trials that may have IN this
country.
We shall also give synopsis OF some oil the most
celebrated that have occurred under the English
laws from the earliest records down to the present
injury.
In England about hundred years ago, towards the
END Of the reign of Edward ILL., the Lords claimed
be their acknowledged franchise THAT matters moved
in Parliament shall be managed, adjudged and discussed
by the course OF Parliament; and In sort by tho civil
law or by the common law OF the land used in other
lower courts Of this kingdom" Sir Edward
Coke says:-"s every court OF justice hath
laws and for its direction by common
law by the civil and law the High Court
of Parliament ss propiis le0bss e ssdinbs
ssit It is by the len ct corspetsdo Parliamenh tha,
all weghty matters concernng the peers OF the
cassed, adjudged and determined" Indeed, all the
wises statesmen and greatest lawyers through long
succession, from Sir Edward Coke and Mr. Seldom the
Earl Of Hardwicke have, whenever opportunity has
been offered TO them, constantly repeated this doctrine
Nor is the authority OF tho judges Westminster Hall
wanting in its sapport will be found in the records
OF the English Parliament that these venerable magis
trates when application has been made to them for their
opinion questions relating to judicial proceedings in
Parliament, have modesty desired TO be excused from
delivering any such opinion "for that Of these subjects
the lords only the judges" And il any time some
of them have presumed disregard these rules and TO
declare the law Of Parliament, they have been told
That such judgment belongeth only the lords, and
that Is the franchise and liberty OF the lords by the
Of the Parliament the sole judges
such cases"
The best legal minds have often declared that whore
The Of criminal jucature equal the trial Of
any offence and can, by the subssting laws pnlct
punishment adequate to the crime. resource should
be had to extraordinary modes Of proceeding
But II the crime be Of nature and magnitude deserving
punishment the particular far beyond what has
by the law been deemed sufficient in similar but less
strocious misdemeanors-or If the rules Of admitting
evidence other FORMS which the judges
OF Law bound ADHERE would preclude the
OF Justice upon offenders whose imprisonment banish-
meut from the country become necessary sacri-
ce to the order and well being Of the public at large
has been held, in the best times Of the English
that such circumstances would reasonably
justify departure from the forms Of proceed
ngs and would ente the Legislature itself to take
OF the case; and in the Of the English
bill Of Palms and Penalties avenge the mischief offered
State thereby hold ont example ,uhicA might
prevent sinsilav gyences in future.
In pamphlet published in 1871, entitled "A Review
the Arguments in Favor Of the Continuance OF I'm
psaChmsnts there may be found the following judi
observations very applicable 70 this subject
'sThe advantage which impeachment affords "a check
and terror 10 bad ministers is obvious and great
that almost solely engrosses attention and is
sdesed the principal II not the only recommendation
Of that mode Of prosecution; bat there Is additional
rssson Why should be chsrshsd, which 10 that IL fur
uishsd the esctual pressrvave against the cdr
rups administration OF JUSTICE and ought perhaps
upon experience b dcarer upon this ground than
upon any other has been employed with less mix
tuss OF vindictivs or unwarsntable motives when
directed this object than whom its terrors have heen
svelled against favores ministers Of the govern
menI"
That ministers are not violating the prn-
oplss OF the Constitution that the administration
Of Justice is now free from the slightest stain
or suspicion Of corruption, furnishes no reason
for aboIishng this mode Of trial, for IL is impos
able TO know how much OF the security with which
now enjoy our constitution and liberties and how much
Of tho satisfaction with which conhde in those
characters that grace the seats OF jus
t,ce may derived from the existence Of this
institution; the bcnent of which lsince prevention is
more desirable than punshmenp cannot be more con.
clusiveiy proved by any than by the few occa
sions there have been of late FOR exerting it,"
The jurisdiction which ancient times was exercised
nv the High Court OF Parliament well in civil in
rfimi nal M
IN Reeves History OF the Eng ish Law, Vol. part 2
chap 10 from which hive we quote ,he loli1Tng:-
records Of proceedings In Parliament which ncontessaoy
verify what has been before observed on the judicial
character OF the High CoIrt OF Parliament and furnish
materials forming accurate judgment OF It's judi
whether civil or Grim nna not only during TINS
peried, but We conjecture, through all the pro-
ced,ng reigns up origin Of the Norman constitu
tion Tho great extent OF their authority IN judicial
and supremscy attributed the Parliament by the peo
pie; thought that this assembly was to redress
all wrong, 70 remvdy all annses ana 70 reinove ai dn
catos with which any man was pressed either In his
person property"
In consequence OF this opinion at every meeting Of
Parliament petitions poured in from all quarters, no
only upon subjects or public and national concern, bn
for relief in private matters; and appears from the
rolls Of Parliament that hesc petitions we're exhibited
by all sor,s Of persons upon all OF and 10
obtain every species OF relief which the petitioners
thought most desirable in their situation
To distinguish between those which properly
within the coGnzancc OF the Parliament and those that
were not and IN order that those which belonged prop
crly other courts might be duly rcmted hther GER
tain prcaes esrs baons and Others appointed IN
every Parliament TO he receivers and rycrs OF pcti
tions,r whose duties to examine all petitions, and,
upon full consideration. 10 endorse upon them what
be pursued 10 redress the petitioner and
TO direct him. according to he nature OF the case either
70 the full Parliament the Council, the Chancery
10 some Of the other courts
But criminal prosecutions were also instituted In Par
lament by another way than by petition. They we're
frequently brought forward by articles exhblied bus
who tho persons appointed to exhibit such articles,
or 70 stand forth prosecutors, does not In every IN
stance appear Towards the latter end OF the reign OF
Edward Ill, the Commons took this burden upon them
seives and among their other petitions began 10 exhibit
Accusations for crimes and msdemesnors against oien
ders who thought to be ont OF the reach OF the
law and these prosecutions the king and lords were
considered as the judges
IL was always. or rNpsf commonly the course, that
whom the Commons accused impeached and the Lords
wcro ready for Judgment the Commons wore notined
ana then came up with their Speaker and demanded
Judgment which the Lords gave by the mouth OF their