New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-04-15
Neic- York, April 10, 1872.
IrDGF PARNARp's PROTEST.

o The Honorable the Judiciary Committee ofte Honse Of
Asse,a6is SITTING al heu- YORK, t"q""tn0 nb me
0Gcial acts Of george q. Buno'd, Jdsf"e 81 NE So
,y1uc C0urf IN and for The FrGt JH0icW Ethtct-
Protest and Exceptions Of The said Geoige o. b"dTd:
The gned. during this investigation mas WIN
surprise beard suggestion made by one OF the Com
mtte that the power TO remove Judge oil tle supreme
Court from Office by concurrent resolution Of the two
ttucs Of the legislature under Art. VI, Section H.
Of the Constitution may be exercised without any other
trial than the inquiry that has taken pace before tls
Committee and Oh ih eyeG be ' @ does nct
understand that the Committee have adopted ths view
of the power herein referred 10, or ta te eDcf VINO
made the suggestion has expressed u acsued opinion
thereon, he deems II his duty, on ms own neh anu on
the possible scope of that power to enter bis earnest
protest against the adoption of course OF proceeding
believes by both the letter and the spirit of the Con
stitution He therefore, respectfully requests that TINS
ADVANCE TO such Of proceeding, may be entered
upon the record Of this Committee TIC grounds OF lis
protest are:
THE PRESENT INQUIRY MERELY PRELIMINARY
g, That the present Investigation by the Committee
e. I'm point OF law and OF legislative practice, merely
preliminary inquiry, for the purpose OF ascertaning
whether case exists such ought TO call for further
proceedings under the power TO mpeach or the power TO
remove without impeachment This inquiry is not in its
nature trial OF the issue or issues that VIII be made I'M
der articles OF Impeachment under resolution that
NAV be introduced into the Assembly looking TO the exer
OF the power Of removal by the concurrent vote OF
the two Houses Nor this Inquiry and the evidence
here taken be regarded In any sense as the means Oh
finally determining whether the undersigned ought TO be
removed ON Office by the exercise OF either OF the pow
ers by which he can he deprived OF the office that he
holds 1t Is submitted that the true analogy Tor the
function OF this Committee Is to he found in the function
OF an examining gstrate who ia TO determine whether
a case exists calling for further proceedings; the
Committee having the additional power ana auty OF
recommending what those further proceedings shall be-,
II any or oil r. porng that further proceedings be
taken,
RULES OF EVIDENCE DIsREGARDED.
O. This inquiry has in point OF fact against the re-
peated remonstrance Of the undersigned. respect
FULLY made through his counsel been conducted
without any regard TO the fundamental rules
OF evidence which are a part OF the known anu
essential means OF discovering truth ana guarding
against error The Committee will bear witness Tor tc
gned that IL announced ut the commence
cnt of this Investigation that Obec 10 the ahss-
bty suicleDcy, relevancy OF evidence woud not DE
been permitted to make "suggesuons' 10 tue Com,
mitee the whole inyestgation has been go conducted
not be received In Anal trial OF any description upon
any spo es Of cbge " accGS..n. h'oNih1 Le "se'r-