Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1868-03-31
/ Nj e ACH nj E Mt.
Speech of Hon. Amasa Cobb
OF WISCONSIN.
In the House of Representatives, March 3,
1853, on the Articles of Impeachment
Reported from the Committee.

Reported from the Committee.
Mr.. CoBB. Mr.. Chairman, if thi,
debate is confined to the form of The
articles of impeachment against The
President, which this House ha,
ordered to be prepared, and of which
the loyal people Of the country have
declared him worthy, its scope would
be narrow, indeed, and the ffteer
minutes to which am entitled would
be more than sufficient to enable me
to express my views on that subject
But as the general subject of i'm,
parchment has been considered il
order, | have sought the floor to give
my views on this grave question, for
it is a grave and important one. A
legal proceeding against any citizen
which may deprive him Of his politi-
cal rights, should always be approach
ed by lawyers, courts, and jurors with
due sense of official responsibility
and il adds somewhat to that sense
of responsibility when one accused
has stood high in the estimation OF
the community.
While it is the duty of courts and
juries to protect the rights of the
meanest and lowest of mankind when
placed upon trial accused of crime, it
is equally their duty to administer
the law without fear, affection, or
hope of reward when the accused
chances TO be a possesor of vast in,
fuence by reason official position,
wealth, or talent
This House has been admonishetl
in tones of solemn warning against
laying its hand upon the sacred head
ofthe President While listening to
some Of the gentlemen on the other
side OF the House one could almost
imagine himself carried back to the
days of the Stuarts and listening to
bull ofexcommunication against the
regicdes read by the Pope's nuncio.
But let it be borne in mind that this
impeachment Of the President is no
impius uprising of ungratcful subs
jects, f0rgettul of the tavors ola kind
sovereign and FESTIVE under the
measures Of chartered privileges,
seeking to lay their impious hands
upon the sacred head ruling by divine
right. Oh, no this a case of the
sovereign people calling to account
an unfaithtul steward, one whom in
an unguarded and unfortunate hour,
they had taken from obscurity, and
generously pIacedin service Of great
honor and emolument.
Although most of our legal terms
are borrowed from the mother coun-
try, yet in their meaning and appli>
cation they are often necessarily re-
versed in consequence of the radical
ly different nature and character of
our institutions. Under monarchical
institutions thepeople and theirrights
are matters Of secondary considcra-
tons. The ruler, the sovereign, and
his privileged class of office holders
are "the State" Hence to impeach
one Of these was considered a high
handed proceeding. 1t has been
sometimes held in England that i'm
parchment would only lie for an in>
dictable offense-or at least it is so
claimed, and | admit it for the pur-
pose of this illustration. And certain
it is that there many of the rules
governing trials in criminal courts
have been held to be applicable to
trials of impeachment.
But in this country and under the
genius of our free institutions all Of
this is reversed. 1t is a wise maxim
Of the common law that ''every man
shall be deemed to be innocent until
his guilt is proven beyond a reasona
bic doubt )" and, again, that "it were
better for ninety and nine guilty
men to escape than for one innocent
man TO suffer )" but | have met with
no such maxim as that every man
shall be deemed entitled to hold a
lucrative office until the contrary is
proven, nor that it were better for
ninety and nine rogues to remain in
Office than for one honest man to lose
an Office. No, sir; in this country
offices were made for the people and
by the people When they make a
grave mistake and elect an unworthy
man to office the mistake Is their own
and the misfortune must be borne
until lawful opportunity occurs for
remedying it. This opportunity gen
orally occurs at the recurring period
ical election, but sometimes the re>
cipient ofpubic favor is so unworthy
and SO forgetful of the people whose
servant he is, that he recklessly plac
es the remedy into their hands for
earlier use.
Buf the terms of the Constitution,
the House of Representatives-you,
Mr. Chairman, and | with our fell
low-members - are made. the sole
judges of the time and occasion when
the people Of the United States shall
call to the bar Of the high court of
impeachment any one of their public
servants, be he President of the
United States or be he justice of the
peace for the District of Colum bia,
to answer for high crimes and mis-
demeanors in Office. To fail in the
discharge of this duty would be as
great a dereliction on our part as to
fail in the discharge Of any other du-
ty clearly enjoined upon US by the
express terms of the Constitution
Is he high officer whom it is sought
! to impeach? The people, whose
servants we are, are higher than be
We seek to deprive no man Of his
office. We seek to restore to the
people their office, which, in the
keeping of this man, has been sadly
abused.
Then, Mr.. Chairman, let us enter
upon the discharge of our duty unaw,
ed by the gentleman from New York
Mr.. Brooks] who has not failed on
any occasion to raise his voice Of
warning AGAINST any measure for the