Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-04-28
MR. NELSON TO CHIEF JUSTICE
CHASE

The Hon. Mr. Nelson, of this State,
assumed the ground in his argument in de-
Tense of the President, that it was the duty
of the Chief Justice to deliver charge of
legal instructions TO the court, before that
body proceeded to consider its verdict on
the articles of impeachment He had
been arguing the defoition of the terms,
treason, bribery, and other high crimes,
etc" and said:
Then what proposition follows as a
corollary from the premises | have laid
down, if the premises be correct? Why,
it follows inevitably, that the words Grimes
and msdemeanors" are received ia the
sense in which they are employed by
writers on criminal law in England. /
doubt whether the Congress Of the United
States has, within the meaning Of the
American Constitution, right to create a
new crime and new misdemesnor, from
something which was not known as a crime
or a misdemeanor at the date of the
adoption of the American Constitution. |
think it is matter Of great doubt, to say
the least of it. IL is, Mr.. Chief Justice, on
these and kindred questions that 1 re-
spectfully submit that we have right re-
specially to demand, at the hands Of your
Honor, judicial exposition Of the meaning
of the Constitution. II will be for you,
under your own sense of duty, under your
own construction of the powers conferred
upon you by the Constitution of our COM
mon country, to decide for yourself whether
this respectful question will be answered or
not.
But you are told that you are to try the
case according 10 the public pulse What
an argument to advance to the American
Senate Whist an argument TO put forward
ia the American nation Why, all history
teens with examples Of gross, outrageous
injustice which has been done in criminal
trials, trials in Parliament, and trials in
courts OF justice; ave, and our own country
has not been exempt from some notable
instances OF il, where public clamor was
allowed to influence the judgment of Judges.
IhOse instances that are recorded in his
tory, those instances Of blood. aud of muir
der, and OF outrage, and wrong, perpetrated
in the name of justice, are an admonition
TO us that the public pulse should have
nothing to do with this trial. Senators,
regarding every man whom | address a. a
Judge; "a a sworn Judge; allow me for
one moment to call your attention to one
great trial in this country, which hope in
some Of Its principles, will be applied By
you In this There was case which oc-
Cured in the early history Of the American
nation, where there was great political
trial, and where the waves Of political ex-
element ran high. 1t was understood that
the President OF the United States himself
desired the conviction of the offender. The
public pulse beat ftfally then II went
forward az the Judge went forward. and il
went backward as the Judge went back
ward. 1t was a great occasion. IL was one
OF the most illustrious TRIALS that ever oc-
Cured IN English or American iarispru-
dence. There was a criminal, who WAS
morally guilty indeed, for 50 he has been
held ia the Judgment Of posierity. There
sat the Judge, one OF the iliusiFious
predecessors of the iilusirious aud
distinguished gentleman who presides over
your deliberations nov there be sat, calm,
unmoSed, uRawed By the public pulse.
The very impersona5ion OF justice having,
no motive under the heavens except 10
administer the law and 10 administer ii
faithfully, and he had the nerve and FIRM
ness to declare the Law in the fear Of God
| rather thaa Ia the fear Of man, and al
! though the criminal was acquitted, and al
| though there wss some popular clamor IN
reference TO the aeqGittal, yet the judg-
ment Of posterity has sanctioned the cor