New-York tribune., 1868-03-05


brought TO the bar in l7Co. The is reported at
Court Of Kings Bench The Earl having been Convicted
the propounded to the Judges two questions after
Fosters Crown Law, at page iS8 and onward. read
from page i3 Having discussed matters incident
cceds '''''''''" '''''
eOn before the King Parliament capital ofense upon
n r.. o. % tS The s,ss quit. She Every PEE,
a q the % P50s.1s 'S,a DPca ever: Question Of 4.
High Steward himself voting merely peer and member
% no '. s Court 5 II s T & % S rest a e ..s % YER. nV.S
point aud regularity and for the sosmnty proceed
@ d@sa SS1 an Si 5 % he .ad ' Of Stewart S Of
l. founded mmemoal 10 the la" and Of
,S such gg05.4 5. a9.ba Ss % ss %: S0 .I IL % % 1e @
The tda The Pospouns the trial from time to time upon petition
allowance Of counsel to the prisoner ps Shs, mat,
5 i ..a saTs appointed S i and i a. 5 iId 1 va. ' .ppsSsud
Which shan mention presently isa' tho ssse & o. o os 0g. & de- de-
Ise VIA, sHd By what form Of word. be should os ~
soa which smounteth to conviction before appointment Of au
High steward and bath SLOWED prisoners the benefit o. sets Of se
poutnnt Of an gh steward assr h. commission Dissolved
On the next page referring to the case OF the Earl OF
Dandy ne describes certain proceedings between the two
Houses OF Parliament, and remarks; the Hlgh Ste"
well as the other lords" And upon tins appears the fol
lowing entry In the Commons journal OF the 18th OF
to the committee that Lord High steward has voice
that, Notwithstanding the making Of Lord High stew
thereby altered but s remained the Court OF Peers
in Parliament that the Lord High Steward was but as
speaker chairman for the more orderly proceeding az
the trials This the Commons wished entered on the
Lords journal" On page 49, speaking OF the law asald
resolution is admitted gOeth further but this is
easily accounted for A proceeding by Impeachment as
subject matter of the conference and the Commons
had no prctense to interpose any other BUT
what say the Lordsi The High steward is but az
a speaker chairman pro tenpOre:fOr the more orderly
proceeding the trials the appointment Of him doih not
alter the nature OF the court, which stll renaneth the
IN Dort
they draw the conclusion which have mentioned are
not these premises equally true m the case OF proceed
and the authorities referred O In stating IL seem To make
II clear That the hnneuosla UNDERSTANDING III
has been that the officer whose duty 1t ~ to
nctions and conduciye 10 order and the dis
patch business and that the duty to vote to decide
i not among ms duties his powers. The TACT OF ms
presiding or of his being authorized commissioned
according To these cases with IL right
10 act trier member The came doctrine VIII be
found in sharswoods Blackstone on pages 2d ana 22 OF
the second volume Lord Campbell, In the third volume
OF his Lives Of the Chancelors page b3 refers TO TIE
case Of Lord DciIamere trled IN iG1 Tor eoLR9hciy
with Monmouth Jciiries was Lord High steward ana
seems 10 have conducted himself with all the brutality 20
have been expected oI INN. ilo began Dy narLHsue 70 70
the culprt, urging him. In the presence OF the KING 10
Ia be one OF his Judges To which the lord gh steward
replied: No. nay Lord am a Judge OF the
mi. trial Was not 6,ore the House Of Lords but before
commission Of Peers. aud In far IL ~ not literal pre-
cedent Here other O antiquity and OF note
mare less instructive cases m which the presiding
officer voted not apparently smJbS' but by reason oil
II s ifs . Lord Ioa: re ty The Commons fr sb treason
10 40. rs lori MA S'yah oy - c'hel every te', @
s9a LGq lo's - -, a., & r & ,s . Se s,,rs %f.s ioT
,iarlrr up erd Answered Guilty 12s ny lonor yns he
ugb. l,4st wte tols as ifl ih steward '-ans
Lord. s.rd h % 10 6s ,aI
'ra ,rl q OISr ard Of Par Mormsr nlaeh 9
s.t ,,.T, Lord r,rt ,sgsT Sh,tsr co8,en o. rot
Aa ne, al sn.s,rg the .eras,le d he lord gh Steward
lar Of oIn Ao4 Ra Mortimer by s unanimous vote Of AL
m r e ss q Connor ior high treason other hgh
eas aud m.sisncr" ana al unr' let,9 Sonsl aa tnsa
uons e done BY 's o. he Pr,'es' commission broke
"a Loris Joafuss SO The form Observed 70 the e Of
BARS Dsrser'.aief . al npa hsd or mss ,re',SS & N S n
oar ofhs House q Let ue Lord lreeSy having a,sa iysy
s6p on tl t sri tho having sevsay Auseersi there
,sr oiL question, lie m,aas, stated .ad sAe Lord Va,
.1era s.ssd i. nisasr ,'e,ad .g' h.s ~. 9 .. 'n '
e,rd he epr ,seh The i gu,.or' Toe Lord CbuesE
,.i Sasi,.as. -, s,.p,e'r,y "a, Soi ,5i,"
Here are cases decided by the Lords without the vote
voice Of the presiding OniCcr-cases IN which tcro
a presiding officer, with every night such, but
without any participation ia the decisions made
IL the o. ll Cbsueeor bacon ia 2l the House " Lor be-
T., question sbs,i Lori vour GS.a. Ii cipe,or
a be suspended I'm al be ne, Of eooy duras his pc no. sni
10 saeheY.Isls iaso, impeaehed in 1870:
, oSs /. Doctor issiy Sole ere & ofS eSns. aud
Ai fa sS s,e Lori grea and The, 6stas dscrsi
guilty ao guilty h LoFi'hP having ca; up TIE VOTES declared hin
In the case OF the Earl Of Macclcsed in I72i I, was
agreed that te question 10 be pnt to each Lord sew
orally, shall be- Is Thomas, Earl OF Maccesled guilty OK
high crimes aud misdemeanors charged on him by the
the Impeachment Of the House Of Commons, or not
guilty Aud every Lord present shall declare ms Oph.
ion guilty or not guilty, upon BIS honor llng ms ught
hand upon ls breast When tho LORD Chci,Jqlsee,
Speaker Of this House, directed tho gchtieml9h
usher Of the black rod to bring tmther tho
Earl Of @ Dc %o sSd dsF 6ri Se
quainted him that he might rise. judgment was then
pronounced. Mt President thcre may De atsun'h,s Vt
this point which these pgecedehts 90 h9I usNeI ou ~
seems 20 me that they confront the View presented Ny
the senator from oregon nG iSr 6 tSc H const @ @
ton were invested with ne pIerogatycs and powers 3r
were more copous than the genius OF onr Constitution
tho less liberal days Of British monarchy OF what pre-
siding officer night do, surrounded by peers ana conmls
Intention OF those which adopted the language to which
the Senator referred. The trainers OF our Constitution
of British law and the word preside when used by then
may well be supposed not 70 have been selected 10
TO it in the great struggles OF privilege and
power from which they had derived the philosophy
ment the President for calling IN some one to preside
ident being noxt to the President in the line Of
sion the mproprety Of his doing anything III trial
which, In one event would result ~ ms % own
would DO provided for by calling some senator 10 tne
chair, because the fact OF senator pelng selected 10
preside would tend In degree 10 ms advancement
also I'm case Of the conviction of the President. Se
for made President OF the Senate pro tenn during
trial OF impeachment, might expect 10 continue such
President the event OF the advancement o tho regular
nreJug officer 10 supersede the President OF the United
States These and other considerations OF safety ad de
corum indicated the propnety Of going outside ING
Senate for an officer occupy the chair when the Ptes
dent should be brought to the bar and nothing could be-
more natural dghcd than TO select tue hehI Oh
one of the three branches OF the Government. Inc
Chief Justice, being separated from both inc
nolitiral departments OF the Government, was
deemed the person best fitted, by reason not only
of his but Of his learning aud the great
cnnsderaton OF his position. These might well
have suggested propriey OF asking of the head or tile
beneh that he should discharge upon great and solemn
OCCASION duties with which the highest subjects Of En-