New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-04-15

definite rules Of determination. The undersigned de-
sres to be understood not now complaining OF TINS
of tho Committee the action and report OF the
Committee shall be confined to the question whether
exists calling for further proceedings under the
power Of or the power Of @ hsa
dence here taken, but on evidence TO be taken AZ l
OF any charge that the Committee may report against
him, for the exercise Of the power OF removal.
REMOVAL WITHOUT TRIAL WOULD BE UNCONSTITUTIONAL.
II the Committee should recommend an impeacl
ment, no one will venture to claim that tho
undersigned can be refused q trial. But he claims
and protests that exercise Of the power OF removal
the removal to be decided by the concurrent vote OF
the two Houses the evidence taken by the Commit
tee and without trial and the application therein OF
the fundamental rules OF evidence, would be unconst.
oppressive beeaafe Of the aracter Of much the evi
dence here taken and received and because ne nas ad
trial, mode OF excepting to such evidence, ana OF
being heard upon such Clancy exGSpGn a Article w. Section
II, OF the Constitution, by requiring that the
have bceD served with a COPY Of tho complaint
against him !" AID "shall have had an opportunity OF
being heard in his Defense" necessarily supposes and
requires trial before the body that is to decide on the
removals and that the removal cannot take place upon
evidence the complaint offered before the exalnn-
ing official officials who arc to recommend or not 10
recommend further proceedings. This CONSTITUTIONAL
AnTIcLs VI sEcros H. Of the Supreme AMI Judges
Of Court pe may Be By on m ms reSSG e
the Assembly and majority Of all the members elected to The sIae
fG'u .eteD and All e,s s'aJ u Of 'i Peace ami judges
and Justices S of Inferior cGs' not OF Go GP
enr but removal shall be by unless tie
Hs Of @ have been served Of 5f 'IRPo . on
omLaIs
INTERPRETATION OF TIE LAW.
The last clause OF the second sentence Of this section
extends every removal that be made under the
section. In the Of Judge OF the Supreme Court,
or a Judge OF the Court OF Appeals, Committee of the
dencc enable determine what complaint, il
any, shall be presented to tho Assembly for its action
discharged of its function; and the complaint whch IL 10
lie served the accused and on Which ne 10 DC heara
in his defense, is that which is reported by the commit
tee to the Assembly and which the ssemby is to act
The evidence taken by the Committee for the purpose or
determining what complaint shall be reported 10 the
Assembly and made the subject OF hearing" has
likewise discharged Its whole function as soon as com
plant before that body The hearing" nat is to be
had in "defense" against the accusations OF the com
plant which has been presented TO the Assembly neces
sry implies that the accusations TO he proved on
the side and disproved the other, by trial other
than the preliminary INQUIRY which was ad Tor tne soe
purpose OF determining what complaint should be maze
the suit jet OF such hearing III is plainly lnpoSsoic
H." nd H. 'i sp on IN So romnjnt ag3inst hm3
If hearing il accorded TO him other than that when
may have been allowed on a rom
plant shall be the subject OF the nearing. IL Is
equally plain that hess on S so% esa W pTd
vision as fundamental persona rig TIght npes
produced in support Of the complaint, and right to
Introduce witnesses in the defense. at trial on the very
which under this particular section of Constitution
Is TO embrace the cause OF removal that entered
on the Journals Of the two Houses Such trial can
easily DC lad before the Houses assembled in CON
yontiOn, and the same persons WHO were conpainnts
before the examining Committee can be admittedt to
prosecute, or the Legislature specially direct the
Attorney General to CONDUCT the prosecution
AN IMPORTANT PRECEDENT TO BE ESTABLISHED
l. The undersigned, protesting that on the evidence
taken on this preliminary investigation there is 10 case
calling for further proceedings does nevertheless. re-
spectfuy remind the Committee, that If they should
port that further proceeding, are necessary Ill ne
exercise OK nc power or renoV ny Go % & So,
shed which will put upon Article Viz section II OF Tue
JIdge of the supreme Court and Of the Court
Of Appeals now in Office, or ~, who nay ever
this constitutional provision. That construction Will
either bc That viii secure 20 those Juges trial n.
Official misconduct, it will be one tna VIII render It
possible for them to he removed from office by proceed
ing TO which tie OF constitutional trial or near
ing cannot be given. and 10y which political parties, as
Legislature. Vacate seat upon the bench from
political ana PARTISAN motives
GhovAp FOR REMOVAL LIMITED TO THE PRESENT TERM OF
OFFICE.
And the undersigned doth further protest andcxcept
agans any and consideration by this Committee CT
his official acts during the tern ooicr which lie formerly
held as Trl - OF tfn Supreme Court Which 'em cy-
nircd hv :ni alton al !gW Oh the 3lst Of 'c"r 1863;
I'M ~, is auy action thereon b. the Iore of 50 NJ
~ cit"r The exercise OF the poTerto eNrini articles
Of iupcoucn IN TIC cX,r isc OF me 20 yer or re-
mova 1hc undersigned was first elected judge OF the
Supreme Court tic Gtl 81 Noyen en- 100; anG OUT
NJ 81 5Gl woes Given at that election, nc received
"a 7.G On the 81 OF November 1868, lie was elected
Judge OF the Supreme Court for new term, TO con-
encc 1862 ana 70 continue for period OF eight
years thererOm The whole number OF votes east az TINS
election for Judge OF the Supreme Court was l65i OF
which the undersigned received 092GS The Undersigned
therefore claims only that his qullncat0nS ana nj
ness for Office which Le was appointed 10 cnt on
the lit OF January 1900 received the emphatic indorsc
mcnt OF the electors Of this district but that their
aupointmcnt OF the unIcrS ned 10 the olnce winch ne
nov holds is, in point Of legal and constitutional
rigt conclusive upon every question that could aHect
ms fitness to enter upon the duties OF That once as
agains any exercise OF the power OF impeachment or
the power OF removal in respect OF any matter occur
ring before the commencement or the present crl rs
use COR removing him from his present once 0y I'M
penchmept or otherwise. And herein ana hereby tne
uude rgnCd asserts not only bis own lndlVldal ghts
whose unfcttered will and determination, as the
Amounting power, the Constitution has exclusively
referred all matters that could aliect the ntness
of The Undersigned to enter upon the ONCE
which lie holds In respect 10 all matters occurring
during his present term OF Office tie undersigned adj
nt that the impeachng or the removing power can act
In liking this exception, however. the undersigned he
sires he Committee and the Assembly to understand
that there is no official act performed by MIN at any
lime which he could be unwilling to have made the sub
ect of the fullest luquiry that whatever proceeding
NAV be recommended by this Committee, extending To
period OF judicial ohce he has the utmost con
Gence Of triumphant yndication from any chase that
can be brought against him. and mat his sole objection
10 auy inquiry charge extending back 10 PERIOD
anterior To his present term OF Office is founded ON COLI
gttutonal principle to the protection OF every
Judge and to the rights of very electoral Doiy IN the
State. oEo VI bAhNA'D'
Ve,c- York March %, 1872.
Geo Tcknor Curtis and Rufus +. Andrews, of counsel
with Judge Barnard.