The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-02
HIS IMPEACHMENT IS RECOMMENDED.
To BE Impeached for High Crimes
and Nfisdemeanors.
Veto Of the New York City Election Bill and the
Leaf Tobacco -vanderbilt's Fourth
Avenue Bill Passed by the Senate
Measures Passed and Ordered
TO Third Reading.


their preliminary report upon the charges against
the New York Judges, together with resolution
recommending the Impeachment OF Judge Cardoz0,
the moment the House assembled desperate
attempt made, first by Mr. ID. B. Hill, demo
cratic member from Chemung, and afterward Ivy
Mr.. Jacobs, democratic member from Kings, to have
the announcement OF Judge Card0z0's resignation
read TO the Assembly before the impeachment
report sheud be presented. The proceedings
attending this flank movement on the part OF Judge
Cardozo'H friends produced a good deal OF excite
ment After o lively skirmsh the House refused
to let the document be read ana proceeded with
Its regular business, and then at twelve O'Clock,
Mr.. Prince, from the Judiciary Committee, sub
mitted the report In the case OF Judge Cardoz.
The report IL made the special order for tomorrow
morning, Immediately after the reading of the
journal. The following is the communication which
Mr. Hill aud Mr. Jacobs vainly endeayored to
present.
Erw YoRK. May J. 1879.
4, DAY o"y % e s q he ocs
he se,nrctny Of state copy e s rsgnS9n is
ca.anrns CRY .s. n. s' yass AssG 1872
hereny resign the ' olce d Justice Of lie supreme
Court This resignation TO take ens spEW%
Mr.. Hill also received the following letter nom
Judge Cardczo, giving his reasons for rcsigning:-
Nrw Yong sy,s.xr SsvaI suDG nar y
aus ne % @ ha s sSn sasf sr
powerful influences which have been enlisted against
Nor y nye @ to would Ss eaH as my
50 far impaired as e render i questionable wheth,r
Stallion cSsasy, should reiaia sliss; ssss d ss
SSsiio and liberty should only Tree rom ss.
Beyond question, In every sivii Judgment rendered
reasoning against him Tho recognzed character Of Inc
being brought into disprsgt When confidence IN
well his satisfaction III the discharge OF his public
accepted judicial Office honor and distinction
which it conferred and al yecuary loss IN surrcrdernp
cessin" zeal and ii Tie sacrifice Of Social eoynsn ai
Se STS 81 al n
portion OF the has unusty deprived me OF that
me. These considerations led me- several months ago, 70
my G@t n g9ua not sG upon ws
In session Ia 70 be my duty 10 submit 10 aud even
/ II Is officially announced, and MI that could be
sS asa on whs b. S sa me or
s9ad pc sa 70 my a ns ses pu On
hsy nSt TT had h to exa mime the
not not now WE e.SHy Wien e S Sp AND % hye
passed away and The community shall have had OPP
No man truly say that ever gave an unjust or
rupt Judgment ortha knowingly, ever did wrong 60
i had MOI The GTrg2g Inc to
action Of one branch Of the legislature The Assembly
sn s me- q" 10 cpm
thereby decided consider what had existence No
report OF n committee introduced loo K
ing toward impeachment had been at that time before the
Ny friends insist that must regard this Of the As
semsy as swdenclng preudanent OF any charges ma,
they say that after anayzng the vote pro and upon
one one and hat it i evident that POLITICAL majority op
posed my party faith intend to force me at all hazards
have not me timc, means nor health to consume in
political majority '''''''F' ''" '''' =
shall retire % private Me with such fortitude as
future to decide whether shall ever again tn,
The resignation is TO take effect ron ihIs LAY Very
~ lion b B HUI, Albany, New York
REPORT OF THE JUDICIARY COMMITTEE.
Tho following is the preliminary report OF the
judiciary Committee and the resolution recoel
mending the impeachment of cardozo:-
To rur ASSEMBLY
The Judiciary Committee, 70 which, on The "a day o
city Of New York and the memorial Of Wheeler II Peck
thereof and others praying for an investigation o! The
ofeis conduct d certain Judges IN the city o. New
fssoIyea oa motion q Mr. Aly9.d Ths. ,sS memo emo
miitco on Judiciary and that said committee make in
gry and coneenng he maietS iere
city o New York and such committee is authorized aud
s 10 ber sr in S cy Of New and
report hy bill or otherwise a. shan think proper and
hscsuy report that they The s tnsr snfs
mony in regard 10 the subject matter Of said memorial
ihc e day Of February and ha, The ri, sxsmins'iam 9f
Daring that period Your committee devoted every avail
ss e to Sn sfsSry . M nd day
miting !he nyesiigatgn when il was necessary 70 Wit
accommodating MI re,crreG . The committee and thus
business which awaited heir action This is 50 far rs
your commeG eau learn The Grs time in the history Of
com'ntees of The House, having the great
been sent the Capitol TO another city to conduct an
alton involving such yaS amount OF labor and
~ arranging the premnar!os Of the investigation some
lure q ne Enquiry with which your Scnmittee were
% ne subject that he position was virtually that
q aGrand Jury which should hear the evidence adduced
! hcir Judgment a Prne Jacs established. un.
sSccn analogous 70 make the Ren ' absolute IL e or
smroranys guides such precedens as did exist
s qsety VIA ana solely q The o the
ch not The tuaton a. IN case The gum 81 ho.c
harge9 were broyen a. supreme Court Judges, ,he
resolutions 81 both houses, under section H. Of
sseased party would have no opporgnity d eros
sSa'aning ns w,tne,ss Who testified agans, him
witnesses on ms own behalf and only Of hcng "heerdS
an Injustice unless In such preliminary investigation c
fore s ana to Ssn r wSre oS to S Sss
thls the resolution authorizing the committee make lie
gop, geb i was clearly 10 be ~ hat
suoh a full inquiry expected would result IN
disclosing any inperieclons IN the system OF the admUs
fraflou OF Justice In New York II such existed.
AMI no proposa of the necessary legislation remedy
such defects IN view Of these facts therefore,
nre rIy determined that in order To make IT, uvcsi
CATION MS thorough aud nj the same time ~ impartial
lossiblo IA was proper that the accused Judges
shoi,II bo present The same considerations AFTER.
ward induced The committee TO permit each Judge
20 accompanied by two counsel (tho Bar Associa-
Gon being allowed 10 he represented by throc IN order
70 hayo he number enueb and Excessively ,hcre",e
~ tho counso for Tie Judges (which though at rt
lmsd W form, became and continued as a regular
eTose eAaniinutioDl; AMI naay, the .ntrcdueen " wit