Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-04-03
PARTTzAN CoURT.

It is quite common now to see it
is said, even by journals whose words are
generally well weighed, that the Sens-
tors who try case upon impeachment,
are jurors. This is mere nonsense. They
are judges. The Senate is, on such trial,
a COURT. The Senators are, it is true,
! Judges both OF the facts and the law
But so also are Chsncsllors, Eeelesias-
tical Judges and Magistrates Of the
Courts OF Admiralty: and nobody ever
imagined that these were jurors. The
Chief Justice presidSs, aud is a part Of
the Court: and the persistent determine
ton of the Radical Senators to address
him as MIR. President" :" and to style
the Court " the Senate" would be merely
ridiculous, if the evil and vicious and
corrupt motive were not so apparent.
But they cannot, by sny such poor tricks
and subteriuges, escape the responsibility
that rests upon their consciences as
JUDGES; nor the verdict that History
and Posterlty win pass upon them.
They are already being stripped, by
mereiless free Press, Of their veneering
Of pretended impartislity, which hyPoc-
risy, "the homage that vice pays to
virtue" compelled them to put on. The
vindictive mahgnity of SUMNER does
not permit him to observe even the de-
cent forms or judicial decorum. Others
are almost as malignant ss he-none
quite SO much so. OF the very first ac-
ton of the Tribunal, and its insults to
the Chief Justice, the New York Herald
forcibly says:
Apparently conscious that the charges
against the President, even If proved,
can in no sense be brought under the
legal definition Of high crimes aud mis-
demeanOTs - conscious that, ia the eyes
OF any other laws but those of good
taste, these charges are essentially " veX-
atisus, frivolous and without substance"
and spprehensive lest the Chief Justice,
faithful to his oath OF Office and cOBsci-
entiously eXpoundinR the Laws OF the
United States and the common law OF
the. land, should interfere with their pre-
determined purpose of removing Pfesi-
dent johnson AZ an obstruction 10 their
authority, We have seen the Radical ma
jority OF the Senate consistently, persist
emily aud actively lsboring 20 reduce the
role Of the Chief Justice IN this great
legal drama 10 an absolute and contempt
ibie nullity-tO q position, in fact, very
much like that Of some roUnd-b1l-
toned porcelain Mandarin or Turk, some
toy with which children amuss lhem-
selves by making it nod backward c-
forward in blind obedience to tae.r
touch, In the adoption Of rules hy the
Senate on the conduct OF the tciai, even
the poor courtesy OF submitting such
rules TO the Chief Justice before. their
adoption was not thought necessary.
Nor, indeed, can we well see how thev
could have been 80 submitted for nearly
all their material parts, where not di-
rectly aimed against the defendsnts
rights, were intended as decisive blows
against the authority of the Chief Jus
tice, who was to be hampered here, ST.
lenced there, and Out-goted everywhere
by his partisan jurymen, whenever either
s point of law came up for MS decision,
or whenever his conscience, knowledge
of law or patriotic feeling might prompt
him to interpOse any cheek or delay upon
their predetermined purpose OF removing
the constitutional President Of the Unitea
States and placing a creature of their
own IN his etead. These insults to the
highest ermine OF TIE land, aud these
prearranEed invasions OF the r!ghtful
powers and prerogative Of the Chief jus
lice in this trial, may be said to nave
eliminated last Friday in the motion OF
Senator Drake that the Chief Justice
should be stripped Of his robes and title,
having previously been siienced and
rendered powerIess, in SO far as any un-
constitutional vote Of the Senate can ac-
compiish these Objects--aud that he
should no longer be addressed, under the !
orders and IN the express words of the |
Constitution, as Chief Justice, but should |
be made to " roost lower" with the less |
formidable title of hi-. President"