The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-05-18
How the Doctors of the "Higher
Law" Administer Judicial Power
It's DemoraIizing Effect upon the

lates and enactS what IL calls laws, mas
ceased to excite surprise whereas the
present impeachment trial is the first
exhibition we have had of their mode of
exercising judicial neutrality-suspicious.
ing the duties of court, and that the
highest judicial tribunal known to the
law--the Senate, sitting as a High
Court of Impeachment, presided over
by the Chief Justice, to try the Chief
Executive Magistrate of the Nation.
That the Senate when acting in this ca
pacity, is such a Court, the Constitution,
the uniform practice heretofore under
it, and the oath required of each MEM
Der to decide the issues before him "aeeord-
ing TO the laW and the Evidence" abundant
ly ,prove. Because the people have con-
fined it's jurisdiction to the trial and
punishment of their other agents, en-
gagged in the different departments
when charged by the lower House with
having committed grave offences while
in office, makes it no less court, q ju-
dicial tribunal, and subject to the rules
of judicial procedure-nO less 80 than
the Supreme Court of the United States
which the same people have established
to hear and determine other matters in
dispute. 1t performs what judges and
iurieS combined perform in the trial of
criminal cases in our ordinary courts,
and its duties rise in importance and
responsibility according to the magni-
tuie of the issue and station of the &C
cused. We can readily cOnsive there
fore the demoralizing or beneficial in
fluence its conduct must have upon all
inferier judicial tribunals throughout
the country. Its example must be po-
tent, either for good, or for evil.
We have been educated to regard our
Courts of whatever grade as temples OF
Justice wherein the Goddess sits blind
folded, that she shall not be influenced
by the characters of the parties, or other
accompanying circumstances; but de-
eide only from the 'aw and the eridence.
Nothing, the Altar and Temple OF God
excepted, have our people been taught
to approach with so profound respect
and reverence as our Courts of Justice.
Who dares to approach or tamper with
Judge or jury, while they have in
charge an indictment for criminal Of
fence, though against the humblest and
vilest indiVidualH And where is the
Judge or juryman that dares to be ap-
preached or tampered withi The pop
ular adherence of such conduct has,
through the law of every State, de-
ha eauaract panoltino on him
who tampers, and on him who suffers
himself to be tampered with. Nor is
any persen who has formed or express
ed an opinion in respect to the guilt or
innocence of the party about to be tried,
allowed by the law of any of the
States, to sit as Judge or jurymen on
the trial. Such has been the practice
under the Constitution and laws since
the Government was formed, at least
among all who do not belong to the
"higher law" school.
But what do we see in this High Court
of Impeachment, which has been inau-
guratef and conducted on the "Higher
Law" plan by the doctors and their dis
ciplesf Why, some two years ago, the
tryers, judges and jurymen, as members
of a coordinate branch of the Govern
mept, publicly denounced the accused
as q traitor-a Judas Iscariot-a tyrant,
&C., and have continued to heap OBJ
loquy of every description upon him
eyeEsince; and on the 21st of February
last, by solemn resolution, publicly de-
clared that he cas guilty Of the rery offence
now charged against him, and which in the
capacity Of Judges and jury they RoW set to
hear and determine! And their disciples
from every part of the country echoed
back-impeach him and rendered hun
dreds of thousands of armed men to
back Congress in doing it. Nor were
those of our little State behind, in will
at least, though we might we'll doubt
their ability, as they had just called in
bands of Federal soldiers to guard their
exceedingly great loyalty" at home
from rebel attack! But, nevertheless,
by solemn resolution of the Legislature,
they did tender al, the military power
of the State-though as empty tender
as the parsonage We read of made
eighteen centuries ago.
How does this agree with our notions
of fair and impartial judicial trial
under the Constitution established and
rules of law, which have been handed
down to us from our fathersi Would
not such previously expressed opinion
of the guilt of the accused disqua)ify
But then we must remember, "their
ways arc above eur ways, and their
thoughts above our thoughts" and this
may account fer what looks so strange
to as.
But what further strange things do
we see, saying nothing of their unpre-
cedented decisions excluding and ad.
mittiag evidence during the trisli We
see the "Higher law" members of this
Court of mpeachment, since the case
was committee to their deliberation,
encompassed and embraced by the whole
'loil," once happy, but now terribly
frightened family-rushing to Washing
ton from every quarter, and crying
"Crucify him-Crucify him !" and others
''save us Cassius or we sink and so
also shrieks the entire Press ofthe "High-
er law" persuasion, and even the faith
ful of the lower House, who asted as
the grand jnry to 1mpeach, now join In
this stupendous eutcry. The trouble
has been, / am inclinded to think,
that in this High Court of impeachment
Case, to which they were unaccustom-
ed, the Higher law" infatus carried
them to an altitude, where their heads
began to swim, and some begin to
show disposition TO get down;
Others, to have a faint remem-
brance that they had taken an
oath 10 decide according to the Tau
and the erideRoe. These are set
upon and badgered in all sorts Of
yays-some shaking clenched fists il
their faces, some threatening to take
their Office from them-others pointing
to the past and reminding them how
many times before the trial commenced
they had publicly proclaimed the guilt
of the accused and denonncing eternal
disgrace and infamy on them and theil
posterity, if they should suffer either