Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-04-16


President had been advised to resign.
II either report Soa8 in circulation tht
Tribune correspondent is not such foo
that he could have believed either
Reputable counsel, once engaged in tht
trial of q criminal case, do not Withdraw
from it, even when all prospect Of ac.
euittaI is lost. Such a case has nevel
occurred, aud never will, as long as there
| is courage or honour among the mem.
bers of tie bar. Again, the President
cannot resign, after be has been i'm.
peached; and everybody in Washington,
in welI-informed circles, knows it.
The Herald, on the other hand, says
1t is very generally coneedfd that the evil
| dsnce in the iInpesehmsnt tria. IS too weak 70
/ hold water. first we have mass or testim on y
! endesvoriuE 70 PROV a consp ra"y betTee-. the
| President aud Gen. Thomas-Ies; ;IIuony to
| show thst C rtain exp essIOns were made use
/ OF BY the latter on hls own respO1si biIitr, Tor
/ whicb She President shoG q be f,eid accounta-
] blei and TINS wa aVely adini Ia py the
| Court as matter W0tthy Of conside ration and
I as upholdlLg e case OF the prosecution. Two
hig0 jud ciai authorities Old not hesitate 70 3
| last eY-ning tuat the Chief Justice was entlre y
wrong IN admitting Ice evidence which was
| nut on the recor~ IN the fir~t part Of last week
I Il would be just REASONABLE 70 hO.d e
President rsspOus ole 1Or tue threats any OF the
| thousand and one pDstmaSteTs appointed b.
him might q we maize use OF against those they
I were diTee-td 70 supersede, and thu, prove
I .Nongail Rcy on the pafE % the Executive, and
MAKE use Of their unconsidefe1 la guage as
! s,-id,-, 9e against him Tbs documentary tSstl-
n,ony ~ y be met by other documentary Jss;i-
nnouv whicn the defence feei confident Will
/ nulI 10 pieces tue fabric Of The pre- Csecution.
- far rhere is no case agaI- 81 The Presden {,
eDd : great many senE tors feel that such Is the
fact: hut the pressu e on tne eutiTe repub lean
element Of the Senate Vii pecotne Intense as
I The trial draws 10 a close, ana rega diess q
oafh or evidence, &c is fasred the 9 eat disgrace
l viii be perpetrateC 81 REMOVING me negd OF
| the nation 10 accom- plish party purpose. u Is
! Jgeel, aud the week after lei ters wall podr In
upon those seuatOIg W no are GOnsldel 60 dis
! posed 10 wavsr, and uleu VIII come 10 W ash
ington from al paItS eitne country 70 uTge tuetT
/ Senator's 10 vote for CONVECTION boa1lug anu
! bul wing will be tried by surns, ard 70 stone
I lets unturned 10 try and n sure verdict OF
| guilty. 1t is needless ta sgy there are certain
I 5epSblfears in the Senat, to day whom q Will
| rsaufre extraordinary efforts 10 overcome a,,d
! in0ues TO vote against their conVIcuons, anu
I should such men yield Jay OF refe 3JiOn vi
| come and feeiiiZ CT renuOrse follow that VII
/ embiuer their lives TO tlls lSst moment They
/ exist.
Thst is the truth, and such letters as
these of the eoIresposf snt OF the Tribune
circulate deliberate faisehOods among
the peopls 10 continue their Seai for the
conviction Of the President. to induce
/ them to believe tliat his guilt of sn i'm
peachable Offsnsa isfR'yond all possibility
I of doubt, and so to cause the convictions
of the people, thussstrengtAened if not
created, to react upon the Senate.
We read this maxim Of the English
law, in JAMES BAGG's case, II COKE's
Reports, $50: They who have Office
of trust and confidence shall not Eorieit
them by endeavors and intentions to do
acts, although they declare them by ex-
press words, unless the act Itself shalt
eylsue."
What, tested by that sound and SEN
sible principle, becomes Of all the rignH-
role and balderdash Of the half score OF
counts of the impeachment, which charge
8 conspiracy to do certain acts, argued TO
be illegal? The testimony established
10 such conspiracy, no such agreement,
not even such an intention, by any legal
evidence.
But ths seBste "a TO be eoaxed and
bullisd into conviction aye, and
6ri6ed, to0..-bribed, by the hats OF too
many unworthy Senators. aad by the
advantages to themsel yss and their party
which the conviction promises these and
! Others 10. -.-.
the student may find this in VINER's
abridgement, aud profitsbIy reflect on it :
al HENRY ~, Rot. Parl. mum. 81.
The Commons pray that the Lords spir-
ltual and temporSl, nor the Justices, be
not RECEIVED hereafter for their excuse to
say that they dare not do nor say the
law, nor their intent, for doubt Of death,
or tnat they are not free of themselves
because they are more bound Of reason
to keep their oath, than TO doubt death,
or any forfeiture"
Lord COKE says, in his IVth Institutes
chep. l. p. 80, "The Court of Parlia.
ment is the highest and most honorable
Court of Justice, aud ought, as has beer
said, to give example to iHferior Courts. D
He hes been quoted as saying:
| And as every court OF Justice hath laws ana
customs for its direction, some by the common
/ law some by the evil and canon laws and
! customs SO the Higb Court nf Parliament
suis gropriis Isgfbg = cOsa cfitdaEibus s1tjsiyt
I "
| e)ncerninE he reers OF tue real oF lords OF
| commons 10 Parliament a. Sc e. blea OtlJhl q D,
deieTnfi,ed, GdjUdyed ind diselsssd by the Couyl
| Of PGrliaHeRt and not by tue civil law, u r ye
| by the common laws OF this realm, used iu
| more in feriOr courts.
Lord COKE does say that also; and I.
Is evident that he refers, in part, al
least, to the Legislature functions OF Par.
lament, which, and each house Of which
also. has al ways been termed Court. The
two Houses together never were whai
we understand by a Court of Justice
nor, either, was the House OF Commons
Aud il Lord COKE meant that tbs
House Of Lords, when exercising judi
cial functions was not gOysTned by tbs
civil law or common law OF the realm
he could only have meant that it wa
not compellable, by It's teehnicalities anC
strietness, TO do injustice; but might, t
do Justice, look to that law, older snC
higher than the civil or common Law
" the same st Rome and Gt Athens," 81
much Of which has been since bis day
incorporated into the English law.
He could not have meant that tht
House Of Lords, as a Court, could disre
gard Msgna Chsrta, or the Constitu
tional rights Of Englishmen. To say
that he meant that the grea
rules Of the law as to guilt and
innocence and evidence, and fairness o
trial by impartial Judges, did not prevail
or might be dissegarded in the House o
Lords, is to libel the dead.
Many of the authorities cited by th'
pettifogging Attorney who opened th'
case for the Msnagers, were cited from
.ssss in which Peers indicted for crimt