The New York herald., 1868-04-29


for the restraints OF the constitutions aud men
wise they will attend 10 what was sagaciousy
said by an English statesman, which, n 0beyed,
in England might have saved great political shocks,
and which Is as true for our guidance ana for the
people of England Said Lord Bacon to Bucking-
ham, the arbitrary Minister OF James the First-"SO
Iar us It may be in you let no power be inaugurated
Inc people OF this Kingdom love the laws thereof and
n3tllng VIII obige them more than a con-
ISeI. Tdenee in in the free enjoyment Of them"
''Notu.nus teges Ang'M nlutori," s imprinted
y, ~ .e hearts Of al the people and in the hands OF all
the people OF this country. The supremacy of the
constitution and obedience to It are imprinted.
Mnatever progress new ideas OF Parliamentary gov
n,et pn IN, hss instead OF executive authority depending
Win prophets and with statesmen, il has made no
mon,ce Whatever in the hearts or in the heads OF the
people ol tnls country. Now, know there good
many people who believe that written constitution
r or ts M county as for every other nation, Is only
Ior tne nascen state and for the prime and vigOr
OF manhood. know that it is spoken of as swain
ing bands which may strengthen and support the
puHy ImDS oi infancy, but which shame an[encum-
Der the maturity OF vicor. This | know and in
either house imagine sentiments of that kind nave
gresses But that is not the feeling or the Judgment
OF the people, and this is their eyes in the ewes of
foreign nations and in the eyes Of the enlightened
thinkers. trial of the constltutlon nor
merely in that inferior sense of determination
W whether M It's power ceo9Sd 70 One branch or % Other
sion and force, but whether government of writ
ten consition can maintain Itself III the forces pre-
scribed and attributed TO ITS various departments;
whether the immense passions OF wealthy and
powerful and populous nation will force asunder
all the bonds OF the constitution, and whether III
struggle of strength and wealth the national forces
uncurbed by the supreme reason OF the State
viii determine the sucess of the one aud the subju
CATION OF the other. Now, senators, let US see to 1t
that in this trial and In this controversy tnat we un
derstand what is Its extent and what IS to be deter
mined: let us see 10 it that we play our part
"a il should be played from the motives and Ia
teresis which should alone control statesmen and
Judges. ii II be that the origin OF liberty Is ut least
to loosen her zone, and her stern monitor,
law debauched and drunken with that
new wine Of opinion which is crushed daily from ten
thousand presses throughout t.is land Is TO ignore
its guardianship let us al least be found among those
who, with averted eye and reverend step backward,
seek to veil this shameless rivalry, and not with
those who exult and eer at its success. Let us 80
act as that what we DO, anu what we propose, and
new stability TO the forces Of the government and 10
cure The rash passions Of the people THUS acLi9g,
these high aspirations and these noble impulses.
and these exalted views; and whether or no i.e
special jurisdiction In obedience TO law evidence,
TO justice to duty you will have built up the Govcfi-
ment, amplhed lis authority, ANA ladsliG me pe2-
PIE renewed homage all branches OF 1t. Ana tlis
brings u.s. MI. Chief Justice and senators, to an IN
quiry to theory of this case which was discussed
that is, whether this is couftS ! must az
nit that | have heard defenders defenders haInre afgme
Somebody s,nS % who Was not judge. But never yet
heard until now of plalniin or prosecutor coming
in and arguing tat there was nov any cGut r .' tha
the intrepid Manager VINO assumed ,iie hise t'ssau1
ths court; and he knew that the oS oay way way ne %
ea"e esSs' Was sugSter' i ' the sSpedIent suceees
and ,,,S VET IL viii be novelty Now il
Is said there ls word in the constitution which
gives tine slightest cooring TO the idea That ts Is
Court except that in this particular case the Chief
Justice must preside; so that the Chiei Justices gown
is e only ssS Ss or Ba pa.G IS 81
that is here, owing to the character o., OF tne
nculpated defenders This ,naos we are told ,ds Is
ON Andrew johnson, but we hay. not observed IN
your rules that each senator rs to rise m ms place
Probably every senator does not expect 10 nnd It,
p.aughter). Your rules, your constitution, your
etiquetteall assume thai there Is Hroced1.S "
judicial nature; and we found out finally on our slde
Of the controversy that 1t was so much OF court at
least, that you could not put leading question,
tile character OF court which we always
habitually discover. Now, the constitution, as has
been pointed out to you makes this court; II makes
this trial and it assigns u judgment; II accords
power OF punishment 10 Its procedure and provides
nature, shall be necessary, except in this
court, and under this form OF procedure.
We must assume then that 80 far, as
but a court, but it is question: as the honorable
Manager says Of substance ana not o. lorm; anu he
dence something to make out the guilt OF the oicnd-
er to secure a judgment he argues against rs be-
as lie Expresses IT, for the substance. He has en-
deavOred by many references and by an interesting
English precedents and authorities, 10 snow tat
il s almost anything but court, and, perhaps, dur
ing the hundreds OF years In which the instrument
of Impeachment was used as poiiticai engine, II
you look only to the Judgments you would not think
ii was really q very judicial proceeding, but that
through all English history 1t was proceeding in
court, controlled by the rules vi court,
eGur o Sno uourn 9e the espned Mss
ger has not Insisted upon il, the trial
under the peculiar procedure and jurisdiction Of
general jurisdiction OF the House OF Lords, as the
great court OF the kingdom In oil matters, civil and
or mnal. One of the favorte titles OF the Lords Of
Parliament In those early days Judges OF Parlia
ment, and now the House Of Lords in England is the
supreme court Of that country as distinctly as our
great tribunal Of that name is in this country.
But one page Of British sound authority
win put to night all those ereap ga sy nots S IONS
country and in this trial that Is TO supersede the
constitution and the laws Of our country and now
will show you what Lord Thurow thought Of that
suggestion as prevalent or expected 70 prevail.
In England, in the trial Of Warren u. HASTINGS,
ence to the laws and usages OF Parliament, l
utterly discaim all knowledge Of such avs; they
and popular fury, when they inpeached an lndivi-
dual and wished TO crush HIM by the strong hand Of
Of Parliament were quoted IN order to Justify the
most nquitous or atrocios acts; but In these days
Of light and Of constitutional government trust that
a system admirably calculated to protect innocence
and to punish crime; and after showing that In all
the state trials under the Stuart reigns, and
down to that Of Sacheverell, were 10 be found tie
strongest marks Of tyranny, oppression and In
JUSTICE" Lord Thurlow c0ntinued:--'1 trust your
Lordshps will not depart from the recognized, es-
tablished law Of the land. The Commons inay-inl-
peach; your Lordships are to try the case and the
rules Of evidence and the legal forms that
obtained In courts OF law will, am confident be OBJ
served in this assembly" But the learned Manager
did not tell US what this was II 1t was not a court.
II Is true he said II was Senate; but that conveys
no Idea. II Is not Senate conducting legislative
business. II IL not Senate acting on executive
business. II Ia not o senate acting In Congress
or political force; and the question re-
mains-h 1t Is not court, what Is ns
If this Is not altar OF justice, what Is IL five
are not all ministers OF justice here to feed MS sacred
fame what Is the altar and what Is II that wedo
here about II II Is altar OF sacrifice If 10 Il not an
altar justice, and TO what divinity Is It erected but
to the divinity OF party rage and party haiey That
then, IL the altar about which You are about o