The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-27
il There Misrepresentation in the Minds Of
Members adjust Not the Business Of
the House Be First Completed
THE JUDICIARY COMMITTEE READY.
Mr.. Tnden Believes the House Fully
Committed Upon the Subject.
THE GOVERNOR AND the CHARTER,
The Seventy Solons and City Office Hold
ers Besieging the Executive
Chambers.
Albany. Anril %. 1872

Chambers.
ALBANY, April 90, 1872.
The question OF the impeachment Of the New
York Judges against whom charges have been pre-
ierred, was up again in the Assembly to-day, and
created some sharp discussion. Last week Mr..
Prince offered resolution to the effect that the
House complete its legislative business as far as
possible by noon to-day; that the report Of the Ju-
dietary Committee in relation to the charges
against the New York Judges be made the special
order for that time; that the House then enter
upon proceedings for impeachment" and that
notice thereof be given to the Senate and to the
Comptroller Of the State The resolution having
been laid upon the table, Mr.. Prince called 1t up yes
terday, and moved to substitute Wednesday, May /,
for Friday, April 20, which was adopted. AS
. further amendment Mr. Alvord moved to
strike out all of the resolution relating to proceed
ings for impeachment, and to simply make the
report committee the special order for the LIST
Of May, Immediately after the reading Of the jour-
nal The whole subject was again laid on the table
yesterday but it was called up to-day, Mr.. Preston
moving to reconsider the vote by which 1t had been
laid upon the table. Mr.. Prince Immediately moved
the previous question, and Mr.. Alvord called for the
yeas and nays upon that motion. The result was
that the resolution was taken from the table by
vote Of 81 to As. The first question was upon the
adoption Of Mr.. Alvord's substitute and 1t was lost
by vote Of 80 to II. The question then required
upon
THE ADOPTION OF MR.. PRINCES RESOLUTION,
which carried by vote Of 10 to 90 as follows:-
YsAsaMessrs Albe5ser Babcqck Bsdeau Balt2
1eeey unph
S'S sss
$ss
whitaker, Wiley, Woodward Woolsey wyman and
AsSsa Rsrf
%o.sisy Soshs4 Sos$@ Su1seSs osssS simssa
smyth SHIPPER, Tobey, M NJ Tompkins, Twombly and
THE SPEAKERS SOLEMN SPEECH.
Speaker Smith, who had resigned the chair to
Mr.. Hustled, and who had changed his vote from
the negative to the Affirmative in order to be able
TO make a motion to reconsider. then took the
moor, and, moving to reconsider the vote by which
the resolution had just been adopted, proceeded to
discuss the question involved in that portion of 1t
relating to proceedings for impeachment. In his
usual solemn and studied he first called at
tention to that calm, deliberate and independent
Judgment which members ought to exercise In q
question OF such great Importance as the one which
was before Them He imagined that some had voted
misrepresentation.
did intend to criticise the chairman OF the Judi
ciary Committee, who had offered the resolution,
for he believed it had been offered with sincere
desire to advance the public interests; but he did
desire to point out what the resolution itself pro-
poses. First 1t declared that by the lst of May the
House should as, far as possible, consummate its
legislative duties Such formal declaration as
this ne considered quite unnecessary, when every
@ s as 10 co as
possible. But 1t was to the other part OF the reso.
luton that he wished to call the most serious atten
m
the LIST Of May enter upon proceedings for impeach
ment. He dwelt upon the gravity OF such declara-
peachment We're they the incpient investigation
BY which the House was to be informed as to
Or were they proceedings upon the trial which
should eliminate In Judgment He thought 1t
ta tha The Of sny
would enter upon proessalngs ior i% nHs
Of highest original Jurisdiction in this State, for, in
his opinion that meant that on that day they would
For himself he was DESTROYS Of proceeding with all
possible despatch consistent with other public
Interests and the rights Of the accused to the
ederation OF the charges against these Judges; but
ne commended that before any report whatever was
received from the committee, it would be highly
upon proceedings for Impeachment. a 1t was was
but he was opposed to being bound by precedents,
FOR we were to follow them the world would make
NO progress. lie insisted that the resolution was
inappropriate at this stage Of the proceedings.
REPLY OF MIR. PRINCE.
Mr.. Prince made short and sharp reply TO the
solemn speech OF Speaker Smith. Instead OF those
who voted for the resolution having done SO under
misrepresentation, no said, he was willing to give
those who voted In the negative the credit OF hav-
and Of its scope. The Judiciary Committee had,
nc said, been urged by the press, by
members Of the House and by the gentleman from
Albany Speaker smith, himself, to bring this mat
ter In relation to the Judges to speedy termina-
tion. The committee had been blamed, and blamed
without stint for what was called their delay, when
they had given their days and nights to this work
since the 10th OF February; and now, when men,
Der OF that COMM ttee offered a resolution looking
toward early and decisive action, which could not
be interfered with by the third reading of bills OPP
position came from the very source nom which he
had hoped to receive the most support. Pro-
ceeIngs for impeachment he said, did not mean
trial by the Court which was composed or the
Judges OF the Court OF Appeals and the Senate, but
preliminary proceedings OF the Assembly, including
ne reception OF the report OF the committee debate
anu action on that report, the appointing OF COM
mittee TO draw up charges, the reception OF those
charges by the House, the debate upon each one Of
tneni, when might be OF considerable length, and
tue appointment OF managers on tho part OF tho
House TO conduct the trial after the Legislature as
such, should have adjourned The precedent for this
course was iound IN the action OF the Assembly on
the 14th OF April 1853, when q resolution was
adopted and sent to the Senate informing that
BODY That the House had entered upon proceedings
for impeachment More than three months nassed
before that Assembly adjourned and tho trial Voc
commenced by the Court Thus the Assembly was
engaged nom the 14th OF April to the 2Ist OF INV
win an intervening recess OF five weeks in tHa
proceedings preliminary to the formal trial in the
Court He c0ntended that the moment the Iionao
commenced TO consider the report OF the commit
Tee any member OF which might recommend the i'm.
peacnment OF the Judges, II entered upon "proceed
mg6 Tor impeachment" AS this subject was in MA
opinion the most important one that had come
the great historical event OF the session he thourh
Il proper tnat q special time should be Bot apart