New-York tribune., 1868-04-29


part it should be played from the n9ves ana nteI
csts which should control statesmen ana Judges III u be
that the origin Of liberty at least 10 loosen her zone
and her stern monitor law debauched and drunken With
that wine Of opinion which If crushed dally from
200 presses thr0u ghOut tins land is to Ignore ITS guar
dianshp, let AT least be found among those VINO WIN
aVertcd eve and reverend slep backWafu seek 10 Ne
this shameless rivalry and not with those VINO eXut ana
jeer at It's Let US 50 act lha ~ tha a We d
and what PROPOSE and what we Wish slal De 10 bd
up the states give new stability 10 the forces ol me
Government and 10 cure that the rash passions 0 the
people Thus acting doubt not that the result shall DC III
pulses. and these eXaedVeWsi ana whethef or no ne
forces of this Government shall feel the shock OF TINS
special jurisdiction III obedience 10 law 10 o no.
justice, 10 duty, you VIII have built up LII, ons
Government amplihed Its authority ana taught Mugn.
branches Of it, And this brings us, Mr. Chief Justice
and Senators, to inquiry to theory OF ths ease
learning and that is whether this Is court luSt ad
init that have heard defenders argue lhat ncy wero
But never yet heard until nov ol Paiti, @ ~ PUS ,
cutOr coming and arguing that there was not any Cou
than he informed Manager who assumed the first assault
upon Court and he knew that the only way ne cOud
iurn the Court out of his daughter II the oXpe
dent succeeds, his wisdom may be Justified think ana
In the Constitution which gives the slightest COlOng 10
the idea that this Court except that IN this paftcu
lar case the Chief Justice must preside so that
the ChefJusces gown Is the only shred or patc OF Ju5
Ce that there is within these Halls. But II IL only acc
inculpdted defenders rms we are toiu ID 0unae "
hold inquest of office on Andrew Johnson Du We nave
observed
rise in his place and say, "Onice found" "Ofice
not found" Probably every Senator does not eN-
Constitution your habit your etiquette all answer
that there is procedure OF a Judicial nature, ahu
that il was 80 much Of Court at least that you
could put leading question: and that Is about inc
ways habituay discover Now, the Constitution has
been pointed out to you; makes this a Court
meht ii accords power OF punishment
to its procedure and provides that jury in all judicial
proceedings OF criminal nature shall be necessary eA
cent I'm this court and under this form OF procedure We
must assume. then, that so far as words 60 i court
orabe Manager says of substance and not OF form, and
he concludes that If II be court you must hd upon ev-
secure Judgment lie argues against its being cOurtnOt
any nice criticism OF words but as he expresses H.
and 10y an interesting and learned brief appended To HIS
opening speech OF English precedents and authorities 10
show that il Is almost anything but court anu perhaps
turing the hundreds of years in which the Instrument OF
Impeachment was used political engine. II you
the judgments YOU would not think IL really
very judicial proceeding, but that through az Enelsh
rules Of court as a cannot be doubted Indeed. AZ
all know though the learned Manager has not Insisted
diction Of Impeachment in the House OF Lords was
part OF the general jurisdiction OF the House Of Lords as
TIE great Court Of the Kingdom IN ali matters clNl
and Criminal one of the fayore titles Of the Lords Of
Parliament in these early days was judges OF Parliament
and now the House of Lords in England II the supreme
Court of that country distinctly as our great tribunal
OF that is In this country But one page OF British
SVotions abouta law and procedure OF Parliament
this country, and this trial that Is To snpcrcede thG
Constitution and the laws Of our country ana !
will show you what Lord Murlow thought OF that.
suggestion a prevalent or expected 10 prevail III In
said My Lords. with reieroDce to the laws ana usages
of Parliament, utterly dsclam all knowledge OF such
laws tev have no existence" True Is, In times OF des
potsm and popular fury when they iDpeached an hdl
vidual wished to crush him by the strong hand oi
Parliament quoted IN order to JUSTIFY the most IN
iquitous Of atroclous acts; but III these DAYS OF
trust that will be tired except by the law OF the
land system admirably calculated To protect Innocence
and punish crime: and after showing that In all the state
TRIALS under the stuart rcgns ana even down 10 tat OF
Sachevere, to be found the strongest marks OF
tyranny oppression and Injustice Lord 1hurOW con
tiuued " trust your lofdshps will not depart from
the recognized established Law OF the land The Commons
may impeach your ordshps are 70 try the case ana The
same rules Of evidence and the same legal forms tha
obtain IN courts OF law viii, am confident De 0nseileI
us what this was it not court IL II true he said
II was Senate. but that conveys no idea II s not
acting on executive business il Is not Senate acting IN
Congress or political force-and the question fclnlns, II
If II Is ,n9iIce mot '96I What ""' ' we . o no, MI
ministers of Justice, here 10 feed ts sacred
flame what is the altar what II that do here
about IL altar Of sacrifice II u u not an ahf OF
Justice and 10 what divinity erected but 20 the dNn
ity OF party rage and party hates That then il the al
about winch you are 10 minister Nu"' oui cHii'"
kIauarcrs rcprescntng the House OF representative.
do MOI seem 10 have been all at pans 10 conceal the
party which displayed itself Ia the hasy record ahd
maintenance OF this Impeachment, and 10 show you What
progress we may make Ia the OF thirty years In
the true ideas OF the Constitution ana of Tie nature o
Impeachment, let ruad 10 you what the Managcfs OF
Impeachment OF Judge Polk had TO say IN that behalf
The Managers that occasion consisted OF
Spencer Of New York Mr. Henry A 5toIts' Vi io.h,
Aiessrs McDufc aud Pnckney, OF south Carolina ana
Mr. wickhne, Of Kentucky, pretty solid body OF Mana
gers. Ambrose spencer. as stern a pOclai Us he Wa
an upright judge. Upon this case, let me ask your
attention what he said There however SAID ne
one cheorug and cOusOlatOry reflection. The House oi
Representatives after patient and fun examination
came result TO impeach Judge Peek by very large
majority aud the record VIII show the absence OF an
party feeling Could believe that thar appeal Tor In
fucnce had mingled itself with prcdonmaung power
in that vote earthly consideration could have pre-
vailed over ~ act as one Of tue prosecutors OF
tins Impeachment. have no words TO- ,,'Sss cypress
of such unhaowed feeling upon such solemn pro
cedure." Now, Mr. Manager Butler talked 10 you many
hours: did he say anything wiser, greater, or safer
for the Republic than ihatf Judge Spencer knew what
II was 10 be Judge well as politician for ~ years
While on the bench in NewYork great judicial light in
the common law jurisprudence of that State De the
head and leader of great political party, ana earnest
and un1uchug In suppc" Of s measures and It's dscip
line and vet ~ awyer, no sutOr critic
ever ventured @ 10 think or TO feel that judge
trait or trace Of party feeling IT, Judge Spencer was
"a politician in the House OF Representatives judge
Spencer in the management OF all impeachment. could
ONLY say that il party feeling mingled IN IL he would have
nothing to do with II; from his soul he abhOred IL IN
reference 10 so solemn a procedure. Yes indeed this
divinity af party hate when II possesses man, throws
him into the lire and now INTO the wafer, ana ne
IA unsuitcd 20 be Judge until ne can come
again clothed in his right mind. But, To come down 10
the words Of our English history and experience, II this
is not q Court, IL Is Scdg0id" An honorable Manager
mfr Stcyensj Yesterday told you So Each OF you
brandshes now according to him, headsinans axe,
having tried the offender the night of the 2lst Of
February last Now. would not Introduce these bold
words which should make THIS scanold III the eyes Oi
the people OF country, and that should make you
headsmen brandishing your axes thc honorable
Manager has done and have no dhculty IN saying
TO YOU that you not Court, you are that which lac
describes aud nothing else Is IL true that on the night
Of the 2ls Of February, for crime committed by the
President at midday OF that day, and ON lmpcach hment
already moving forward 10 tins Chamber from The House
of REPRESENTATIVES you did hold Court ana qua con
cnu hml III So then you here standing about the
scaod of execution and the part which you are To play
IL only the part assigned 10y the honorable Manager ANA
he ,Eaurd Won 10 hold true feay 10 your own Judgment
and not TO blanch at the sight Of blood Now to what
end is fhis prejudice offered To eNpel from
this trihuunl ali IDEAS OF a Court and Of iustcei
What rs IL hut bold reckless, rash and foolish ayOwa
tut n u be court there Is case here which, upon