The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-07-01

what che opinion Of Senators might be upon partcu.
lar questions so that conviction and removal were
secured. Inc immediate cause OF impeachment and
tho mdin article upon Which IL was founded was tho
removal OF the Secretary OF War. Two honOrabls
and learned senator's not included in ''the seven"
announced their opinions that the President was not
guilty upon this article, and ii was not considered
in them an error ofJudgment, much less betrayal
OF party, so long they were able TO vote for con
viction upon the eleventh. Other senators i'm their
opinions declared themselves unable to sustain the
fourth nth sixth ns ssy wc ninth and tenth No
Of thrty-fve Senators except the second third and
eleventh. And yet the political orthodoxy OF Sena-
tors was saved by vote for conviction upon sOme-
thing To all such the full right of independent
Judgment was fully conceded, while such claimed
and exercised the same right upon all the articles
unsparingy denounced traitors and pro-
claimed infamous In advance by Manager who had
the eleventh article the whole were good for nothing
You will readily perceive, gentlemen, that state
Of opinion and feeling throughout the country such
as have described was not favorable to calm ana
impartial Judgment. Senators could not but see and
feel that any vote other than for conviction would
expose them to a storm Of popular indignation,
which, however unjust is hard to be borne slow
to be appeased. Nevertheless experience has shown
that there are occasions in the life OF most public men
when to breast such q storm becomes simple act Of
duty. There may be cases in which party loses its
claim upon the representative; when party objects
considerations OF the public good; in which every in
dividua must Judge for himself and cannot regulate
either his opinions or his actions by the wishes Of
those who elected him to office, being responsible OF
course to that popular judgment which will his
as becomes an honest and upright servant OF the
people.
1t seemed to me that this trial Of the President
was, from its very nature, emlnently one Of those
occasions. The officer impeached was the elected
Chief Magistrate OF the nation. He was arraigned
fed were political the proceeding itself l could not
but regard Of judicial character. The constitu-
ton OF the tribunal the oath imposed upon its
bers impressed with the belief that In coming to
conclusion was bound to lay aside, far as pos
sibe, all prejudice against the individual and to try
10 ar cal N
the crimes and msdemeanors charged in the articles.
In this great and most important proceeding the
people themselves were prosecutors before tribunal
Of their own selection. The members were, to DO
sure servants OF the people, responsible to them but
only as judges are for an honest decision Of the
submitted. All the attempts to decision by
outside pressure, by appeals to party obligations
vituperation, were, in my opinion, as essentially
wrong If applied to any of private right be-
fore any court In the land and in their nature
subversve alike Of justice and Of public and private
Entertaining these views, gentlemen was of the
opinion that in coming to conclusion upon the arti
Giles Of impeachment preferred by the House of Rep
resentatives against the President l must base the
question of guilt or innocence upon those articles,
and those alone; and, further that acting in Judi.
cia capacity 1t was my duty to decide according to
sented; that although the questions involved were
general sense OF a POLITICAL they in
of party, character; that party newspapers and
not to allow them to influence my decision; that
was bound to disregard all external influences and
party nature addressed either to my hopes or fears
In word considered the matter entirely beyond
and above party Jurisdiction. :
The conclusion at which / arrived is well known
to you. My reasons are before the country, and I
do not desire to repeat them All claim for them
Is that In common justice, they may be believed %
be my true reasons. For them and for the vote
gave offer no excuse or apology, and ask no vndt-
nor 90 entitled to any
the discharge OF what considered an imperative
duty: could not, It is true, shut my eyes to the
dlsappont the hopes OF those who honestly desired
his conviction and expose myself to severe animad-
and the great mass Of that party for the success
Of which l had earnestly and faithfully labored.
for sni man in public liz aoes not wnsg psc:
himself In antagonsm with his political friends,
less It did seem to me that considerations IKE
these were not to be taken into the account.
One thing the people had right to demand OF me,
before and above all Others to wit, that In dscharE.
ing the great trust they had committed to my hands,
I should shrink from no responsibility which that
trust imposed, and allow no cowardly fears OF per.
sona consequences to lead me astray from the path
Of official duty; and nattered, perhaps deluded,
with ne mUpe as e vssss NJ Of IRE
public service. would protect me against the vle
calumnies Of those who sought and affected to flnA
Tor OF action by which could gain nothing
and might lose much motives criminal or mean.
This hope was founded on belief In the intelligence
eventually justify those who them faithfully.
am proud and happy to acknowledge that y03
gentlemen, nave strengthened ana c0nnrmed thae
confidence.
You do not, am sure, overrate the importance Of
preserving and supporting judicial Independence
and judicial integrity. Permit me to say that legs-
lative independence Is OF equal value; not that indie
pendence which dehes the popular will or dsregards
public opinion, but that which prefers conscious.
ness OF integrity to popular applause. In our counr
try the Inducements TO sacrifice the right to upQ
expedient, especially In party questions, are SUM
ciently strong to preclude all reasonable apprehanr
sIons OF wiIfu disregard Of constituencies. II -
easy and pleasant to noat with the current. II MAJ
not always be pleasant to reflect that by so doing
bad precedent has been established or blow struck
the evil consequences Of which may be felt Ia ~
future time.
Especially In questions involving great principals
Affecting the framework Of government ITSELF IL Ia al
the last Importance that sacrifice be made to meFo
temporary expediency. There are periods In N
history Of all governments when great danger aree1
from this source, and all wise rulers will carefufly
guard against such dangers regard the present e
OF those periods In our history. But, as In tn
recent conflict Of arms, the patriotic devotion ana
energy OF the people carried them safely and ID
umphantly through, so now trust and believe tns9
calmness and moderation In the exercise OF pottcee
power will finally soften all the asperities and smo03
the troubled waters OF civil strife.
Again thanking you, gentlemen TOT tine compn
honor TO myself with your desire to recognize anA
vndicate important principle and trusting that
may hereafter, at distant PERIOD have the plea.
sure OF meeting you some less formal occasion,
have The honor to be, most Respectfully yours,
NEW JERSEY.
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