Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-03-17
Tn. Court of rmpeaehmsns.


According TO all the deeisions OF the
courts since the ruling Of Judge Marshall
in the Burr case, Il has been held that n
Juror was rendered incompetent by
having formed and expressed an opinion
one way or the other as. to the guilt or
| Innocence Of an accused party. And II
the same reasons apply, why should not
the same rule hold good as TO the Senate
sitting az jury for the trial Of the Presi'
dent2 Can he be said to have anything
like fair and impartial trial before
body Of men who have not only formed
and declared their opinions in advance,
but have also avowed partisan neces'
sity as their excuse for the conviction
on which they have already determined
The 81. Louis Republican has the fol-
lowing unanswerable view ofthis matter:
The country is perfectly well apprised
of the fact that the trial Of the President
Is 10 be had before body Of men, sitting
as iudpes, who are his proclaimed politi'
cal enemies. Their hostility to him is
more than political II partakes OF oil
the elements Of personal spite and
hatred. Again and again have Sumner,
Chandler, and others kindled against
him ali the fires of their wrath, denounc-
ing not merely his opinions aud his
policy, but travelling beyond the bounds
Of senatorial decorum to attack his
personal character and motives, vltu-
perating him as a bad man and a
traitor, not hesitating to charge 10
their speeches in the Senate, that
he merited impeachment, and that
the success of the Radical party and
its plan of reconstruction demanded that |
he should be put out Of the way. And
such men are to sit in judgment upon the |
President, with power to declare the sen.
tence against him which already theyhave
individually passed upon him. There is
not Radical in the land who would con-
sent to try q cause involving the trifling
sum of fifty dollars before a judge who
had already pronounced an individual
opinion adverse to his cause. And yet
we are TO have the national spectacle OF
trial of the Chief Executive by q body
of men who are. his enemies and pre-
judged against him.
A sense of decency and self-respect
requires every Senator who has expressed
an opinion that the President should be
impeached, to decline sitting in judg-
ment upon him. Some of those Senators
have enacted the part of advocates and
special pleaders against him on the very
points involved in this impeachment
business. The statutes Of many of the
States absolutely forbid the Judges from
sitting in causes where they had been ad-
vocates, and there is not a Judge in the
land who, even if there were no statute
on the subject, would consent to try a
cause in which he was interested, or in
which he had been an attorney. If there
be no principle of common law which
would enforce it, yet the sense of justice,
the instinct bright in every man, prompts
him to declare that every Senator who
has publicly proclaimed that the Presi-
dent is worthy to be impeached and re-
moved should not be permitted to enact
The solemn farce Of sitting as judge in
he matter. Before such men there can
be no trial, for they have already tried
The cause and rendered judgment: Not
Two weeks ago they passed resolution
declaring adversely to the President in
-espect to the very act for which he is
now to be tried before them, The
majority of the people of the
United States, and people abroad,
will attach very little importance
O a sentence of condemnation coming I
rom such body of judges. 1t will not
degrade or disgrace Andrew Johnson,
nut It will be permanent Judgment
gainst themselves and the party that
pplauds 1t. The verdict Of history upon {
/ will be: A party losing power and in ,
eril of complete overthrow, in an hour
f desperation, resorted to the expedient
f removing the President as means of
verting expected party disasters, the
majority of his judges being ombittered
,arty opponents.