The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1868-07-10

sure, servants of the people, responsible to
them, but only as judges are, for an honest
'decision of the case submitted. All the at.
tempts to coerce decision by outside pres
sure, by appeals to party obligations or
party necessity, by public meetings, by
threats and yituperation, were, in my opin-
ion, as essentially wrong as if applied to
any case of private right before any court
In the land and were in their nature sub
versive alike of justice and of public and
private morality. L,g
Entertaining these views, gentlemen,
was of the opinion that in coming to a CON
clusion upon the articles of Impeachment
preferred by the House Of Representatives
against the President must base the quesl
ton of guilt or innocence upon those arti-
Giles, and those alone,, and further, that act
ing. in judicial capacity it was my duty
to decide according to my own deliberate
Judgment upon the case presented; that al
though the questions involved were in
general sense of a political, they were in no
sense of party character; that party news
papers and party meetings had no right to
dictate, and ought not to allow them to
influence my decision; that l was bound
to disregard all external influences and all
peals OF 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 | do not desire to repeat Them
All claim for them is that, in common ius-
tice, they may be believed to be my true
reasons. For them and for the vote / gave
1 offer no excuse or apology, and ask no
yindication; nor do consider myself enti-
tied TO any especial credit for courage or
conscientiousness in the discharge of what
considered an imp erative duty / could
not, it is true, shut my eyes to the fact that
by voting to acquit the President, should
disappoint the hopes of those who honestly
desired his conviction, and expose myself.
to severe animadversion from long tried
and highly valued friends, and the great
mass of that party for the success of which
| had earnestly and faithfully labored. All
this was exceedingly painful to contem
plate, for man in public life does not will
lingly place himself in antagonism with his
political friends, or hazard the loss of pop
ular favor. Nevertheless it did seem to ma
that considerations like 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 discharging the great trust they had com.
mittedb to my hands, | should shrink from
no responsibility which that trust imposed,
and allow no cowardly fears of personal
consequences to lead me astray from the
path OF official duty and flattered, per
haps deluded, myself with the hope that
the testimony ola life, including more than
fourteen years ofconsecutive public service
would protect me against the vile calum-
MES OF those who sought and affected to
lind for course ofaction by which could
gaiR-nothing and might lose much, motives
criminal or mean. This hope was founded
on belief in the intelligence and candor
OF the American people, who seldom fail
eventually to justify those who serve then,
faithfully. am proud and happy to ac-
knowledge that you, gentlemen. have
strengthened and confirmed that conf
dence.
You do not, am sure, overrate the i'm
portance of preserving and supporting M
dicial independence and judicial integrity.
Permit me to say that legislative indepen-
dence Is OF equal value; not that indepen-
dence which defies the popular will or dis.
regards public opinion, but that which pre-
ters a consciousness of integrity to popular
applause. In our country the inducements
to sacrifice the right to the expedient es-
pccially in party questions, are sufficiently
strong to preclude all reasonable apprehen-
sions ola wilful disregard of constituent
cies. 1t is easy and pleasant to float with
the current. 1t may not always be pleas
ant to reflect that by so doing bad prece-
dent has been established or blow struck
the evil consequences of which may be felt
in all future time.
Especially in questions involving great
principles, affecting the frame work ofgoy-
eminent ITSELF it is of the last importance
that no sacrifice be made to mere temporary
expediency. There are periods in the his
tory of all governments when great danger
arises from this source, and all wise rulers
will carefully guard against such dangers.
| regard the present as one Of those periods
in our history. But as in the recent con-
fiict of arms, the patriotic devotion and
energy of the people carried them safely
and triumphantly through, so now l trust
and believe that calmness and moderation
in the exercise of political power will f.
nally soften all the asperities and smooth
the troubled waters of civil strife.
Again thanking you, gentlemen, for the
compliment rendered me, and the more for
coupling an honor to myself with your de-
sire to recognize and vindicate an impor-
tant principle, and trusting that may
hereafter, at no distant period, have the
pleasure of meeting you on some less for
NAL occasion, have the honor to be,
1 --.. Most Respectfully Yours,
w. p. FESSENDEN.