The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-08-22

Tho impeachment and Sentence OF
Judge Barnard-The Faults OF Our
Judiciary System.
The impeachment of Judge Of one of the
highest Courts of the State on charges of ofa-
cial malfeasance and corruption SO seriously
a1HssOta the interests OF the community as to
place the proceedings outside the pale of party
politics. Whatever personal or political con-
siderations may have Influenced those who first
urged on the prosecution Of Judges Barnard,
Cardozo and McCunn, as soon as the accuse
lions brought against them were found to be
sustained by evidence and Of character to
New York became the compliments and
were entitled to full and impartial trial
of the issue as provided by the con-
stitution of the State. While the case
of Judge Barnard was before the Court there
were some indiscreet attempts on the part
of few journals to influence the verdict, and
general satisfaction would have been felt if
the impeachment could have been tried before
some other body than Senate whose acts had
shown especial favor to the Erie Ring, and
among whose members James Wood did sit
and Tweed might have sat had he been so dis
posed. But the presence of the Judges of the
Court of Appeals gave character to the pro-
ceedings and confidence to the community,
and there is no doubt that Judge Barnard had
fair trial and that the judgment rendered
against him, severe as it is, was warranted
by the evidence and the facts. His warmest
friends, while regretting his fate, and prob
ably claiming extenuating circumstances for
his acts, will, we think admit that he has been
justly dealt with; for in the purity Of the judi
ciary every citizen of the Republic is con-
cerned. Judge Barnard himself, when the
sting of the misfortune shall be less sharply
felt, will probably be more disposed to regret
the influences that brought the judgment upon
him than to denounce those by whom it was
rendered. He is yet in the prime of a vigorous
life, gifted with talents beyond the ordinary
share, energetic, persevering and full of ability
The bitter lesson he has learned will teach
him circumspection and lead him, let us hope,
to higher level Of morality, and before SUCH
a man, SO schooled, there may yet be q bril-
liant career. We do not envy the dispositions
Of those who would begrudge him such a
future.
The comments of the press on this momen-
tous trial, while in some instances displaying
personal feeling, show generally that party has
been ignored in the consideration of the result,
as it was in the prosecution and in the trial.
Democrats and republicans, liberals and adj
ministrationists called for the prosecution, sat
as judges and approved the judgment In this
city the democratic organ, with which party
Judge Barnard affiliated, says of his removal
and disqualification, ''The public Judgment
will ratify this righteous severity The adj
ministration republican organ declares that
"the Senators and the Justices Of the Court of
Appeals who have pronounced righteous
judgment upon Barnard have earned no
good citizens" The organ Of the liberal
republicans says, sour gratitude, therefore, to
the members of the Bar Association, who have
borne the heavy labor of this prosecution and
faced the danger Of possible failure, the per-
sonal consequences of which, to them, must
have been disastrous can hardly be over
stated" Thus, papers of all parties unite in
approving the justice of the sentence that
has overtaken Judge Barnard, and differ only
in the degree Of severity with which they COM
ment on the past career Of the fallen man.
Indeed, it could not we'll be otherwise. The
high character Of the Court of Appeals vindi-
Gates the conduct Of the trial and the business
of the Judgment, and the ill-repute of the
Senate is overshadowed and lost sight Of. On
verdict Of guilty was unanimous. 1t was found
that the injunctions granted in the Erie Rail-
way suits were in contempt of law and
wilfully partial to the old Erie Ring. In the
Union Pacific Railroad cases it was found
that, except in one case charged, the action of
the Judge had been intended to favor James
Fisk, Jr., and to unjustly Cypress the COM
pany. Seven out Of eleven articles charging
unlawful and arbitrary action in the orders
issued in the Albany and Susquehanna Rail-
road suits were declared proven. The orders
in the Pacific Mail Steamship Company's case
were found to have been unlawfully and cor
ruptly issued, and in the case Of Lane against
the New York Pier and Warehousing Company
Judge Barnard action was condemned by the
vote Of the Court. But the articles charging
personal corruption in the acceptance Of pres
ents from Fisk and Could and in the matter
of the Olympic Theatre lease, and the article
in reference to alleged unseemly conduct and
indecent language on the bench, were declared
not proven. The gravity of the offences in the
articles proven is sufficient to justify thesevere
penalty of disqualification.
The scandal which has fallen upon the judi
ciary Of the State Of New York is natural re-