The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-16


Among the qualities inherent in the Anglo
Saxon character entitled to pre-eminence
none is more marked than the universal
desire for justice and fair play. The many
readers of the HERALD are witnesses OF
the earnestness with which the columns OF
this journal have supported all efforts for
municipal reform. But while pressing steadily
onward in the reformation Of abuses and In
the exposure of corruption, 1t is well to re-
member that unusual courses Of procedure
establish preoedents which may not only re-
turn to plague the inventors, but tend also to
weaken the foundations of ordinary and legal
methods for the attainment of wished-for
results, and in the place of settled principles
leave only the shifting ways suggested by
Incorporate zeal and too often by partisan
malice. 1t well becomes, therefore, public
journal, in times of popular excitement, to
raise its voice, not solely in urging
effort, but to temper action with due regard
for the laws.
We are led to these remarks by the efforts
of certainly one metropolitan newspaper to
influence in wrong direction the Judiciary
Committee, whose session is to be held
in this city to inquire as to the per-
Torrance of trusts by persons now holding
high judicial position. 1t is hardly necessary
to remind our readers of the Importance of
the Office of Judge of the Supreme Court Of
the State of New York, not dependent upon
the person who may temporarily fill the place,
but drawn to and surrounding 1t by the gravity
of the functions and the innate dignity of the
position itself. The mistake which would be
made in following the counsels of the journal
referred to by the Judiciary Committee is to
make the investigation q secret proceeding
to be pursued with closed doors, and giving no
opportunity for publicity, and not permitting
an appearance, either in person or by autho-
rzed representative, in behalf of the officials
charged with high crimes and mis- demeanors
in Office. This, in our opinion, would be a
grave and fundament error, inActing wrong
and Injustice upon those whose acts are to be
criticised, endangering the future independ-
ence of the judiciary, so necessary to the
due administration of the laws, and turning
what was intended as a safeguard and pro-
lection into weapon which may hereafter be
welded with irresistible force against the
honest and the upright.
The impeachment of Judge of the Supreme
Court is an event unknown in the history of
our State; therefore most necessary, if the
occasion has come for such an occurrence, that
even in preliminary steps the proceeding
should be marked by deliberate thoughtful
ness and careful regard for established pre-
cedent. By the constitution of the State two
modes of removal are prescribed -
FSrst-Under article 6, section l, authority
is given to the Assembly to impeach all off,
GERS, judicial and civil, by presentment of
articles of impeachment to High Court of
Impeachment, composed of the President of
the Senate, major portion of the Senators
and major part of the Judges Of the Court of
Appeals. It also provides that no judicial
officer shall exercise his Office after articles Of
Impeachment shall have been preferred against
him until after he shall have been acquitted.
Second-Under article 6, section IL, Judges
of the Court of Appeals and Of the Supreme
Court may be removed by concurrent resolu-
ton of both houses of the Legislature If two
thirds of all the members elected to each
house concur therein. But no removal shall
be made by virtue of this section unless the
cause thereof be entered in the journal, nor
unless the party complained of shall have
been served with copy of the charges against
ID oho11 hay ~ hoi ~
heard. Ultimate punishment under the Sec
tions is as different as the method of proceed.
ing. In the first the section provides that il
shall not extend further than to removal from
Office, or removal from Office and Disqualified
ton to hold any Office of honor, trust or pro-
fit under the State, but the party impeached
| shall be liable to Indictment and punishment
according to law. In the second simply the
removal from Office.
BY the section FIRST indicated, however, a
serious punishment is inflicted prior to trial
and conviction before the Court of Impeach-
ment, as the exercise of judicial functions is
prohibited Immediately upon the presentment
of the articles of impeachment to the Senate
1t is nowhere therein enacted, as in the Sec
ton secondly cited, that specific charges shall
be furnished; so that if the Judiciary Com
mittee enact the role of grand inquest, giving
no hearing to the accused, the severe judy
ment of suspension is passed upon er parte
testimony and, may be, prejudiced and unre-
liable statement. This is foreign both to strict
justice and enlightened equity, partaking toe
much of the Star Chamber and the Inquisition.
Let us turn for moment to the considera-
ton Of precedent, both remote and proximate.
William Blount, United States Senator from
Tennessee, was expelled before trial, but sub
sequent to the order for impeachment, in 1899
| Judge Chase. Justice of the Supreme Court OF