Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1868-03-26
THE COURSE OF JUSTICE.

"'NA9 NR -
supposed that the duty Of the magis-
trate is clear enough, and that John
Smith cannot hope to escape being held
to answer for his trespass, and willful
ignorance Of the law of property. Be-
ing held to .answer in q higher Court,
and being in due time arraigned for
trial, the fact Of his being taken in the
act of robbing n neighbor, may be sup
posed to constitute fair grounds to war
rant the conclusion that twelve honest
jurors will give the judge m opportu-
nifty to send John Smith to the peniten-
tiary. In fact, we doubt if even a pot
house politician OF the lowest grade
would stipulate for more, than that the
erriug John should be pardoned out in
| time to vote the Democratic ticket at
the next general election.
Well, the Congress o. the United
States has to deal with what seems to
us to be a parallel case in all essentials.
Andrew Johnson, acting President Of
| the United States, was lately detected
in an open and. Aagrant.vioiation Of the
law, to which breach Of law u definite
and certain penalty is affixed. The
House Of Representatives resolved itself
into a Grand Inquest, rs the Constitu-
ton provides, and found au indictment
against Andrew Johnson for high crimes
and misdemeanors. With this formal
indictment the case passes out Of the
hands Of the House of Representatives
and goes to the Court Of last resort in
such cases-the Senate OF the United
States. The duty Of that high Court is
defined by the organic law IN general
terms, and by rules precedent as to the
form OF procedure. 1t listens to the
eyideuce.in silence, hears the ~pleadings,
objections and exceptions OF counsel,
and makes up its verdict. This appears
to be pretty straight work, and so far
we suppose that nobody worth m argu-
ment will be found to disagree.
Now the evidence against Andrew
johnson is so direct and positive, that
men not given to pettifogiug will be
puzzled to find u loop-hole OF escape for
the culprit.. However, we are getting n
taste Of the tactics Of the enemy in ad-
vance Of the trial. Say the advocates
Of oue-man power, " Mr.. johnson only
desires to test the validity Of II law
which he vetoed, but which II : trump ,
Congress, bya two-thirds vote, passed
| over his Veto" We have already, in
former articles, shown that Mr.. John
son is not u Judge, in any sense, of the
validity Of any law on the statute book.
And we nov reply to tho plea OF his
advocates, that his desires to test any
law, constitute no claim to the enjoy
ment OF the right to nullify laws in
caprice. Let US return to the case Of
John Smith. Being held to answer in
n higher tribunal, he appears. His
counsel sets up the defense that his
much abused client has always doubted
the validity of the law which affxes a
penalty for entering another mans DOM
icil with skeleton keys, and appropri-
ating therefrom such surplus articles OF
value rs satisfy his desires. That Mr..
| Smith never acquiesced ia the law in
fact, that he always protested against
il, from the day it was read in place to
the day on which he stood arraigned for
its violation. Mr.. Smiths counsel also
demands that the proceedings be stayed
until the highest law Court in the State
can take the law into consideration and
pronounce upon its validity. Just what
the Court might do in such y case we
do not pretend to say; but it is not un-
likely that it might revoke the commits
sion Of the counsel for defense, and as
sign to the culprit some lawyer pos
sessed Of less iusolence and more COM
non sense.
. No thinking man Of any party wishes
to sec Andrew Johnson i~mpeached un-
Justly. But it is no less true that no
friend of law and order wishes to see
him excused if guilty. The great mis-
take into which some have fallen is in
regarding Andrew Johnson rs privi-
legged beyond the humblest citizen Of the
Republic. If the system Of govern
meu. Of which we make n boast is
worth anything, it puts no man above
the law. In an absolute monarchy tho
King is above the law. But in a re-
public al arc citizens, and every citi-
zen is amenable t o the laws. Andrew
johnson is no more privileged to dis
pute the validity of a law OF Con-
cress than a Sheriff is privileged to
question the mandate of the Court.
He i, a citizen, invested with executive
functions for a stated period Of time.
His function is clearly defined BY the
Constitution in general terms, and by
laws made in pursuance thereof in
special terms. Should he pick n pocket,
no power on earth could save him from
appearing in a police court, and answer
ing to the charge, ifthe victim of his
offense so elected. Should he commit
murder, he would be arraigncd and
tried. and if convicted, wonld be hung
as fclon. Perhaps some casuist-
some man who regards Mr.. Johnson's
administration necessary to the triumph
of the Coppcrhead party next fall-will
explain how Mr. johnson is to escape
the penalty Of refusing to obey the Ten
ure Of Office law, since he cannot be ex-
cused from obedience to every other
law of the land. We see clearly enough
how it is determined to pcttifog the case.
| We notice hints Of sharp practice to be
resorted to. But it must not DO forgot
ten that only a very small proportion Of
the peoplo arc LAWYERS, and therefore,