New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-04-29
INPEACHMENT ASSURER.

INPE4CHMENI HOSUHED.
The last act of the Legislature, and posi-
bly, the most important of the session. adj
vances to a climax with encouraging speed.
The Assembly has fixed upon Wednesday next
for beginning proceedings of impeachment
against Barnard CardOzo, and McCunn; and
ON Saturday the formal notice of this purpose
was sent to the Senate. This action puts 1t
out of the power of any paid lobby or pur-
chased faction to defeat impeachment by Sc
curing a hasty adjournment There have been
broad limitations. based, we are assured, on
excellent au,b0rity, that large amount OF
money has been raised to defeat impeachment
by some means. Nothing in the careers of
the accused Judges will justify disbelief of
this charge. But if money has been raised
and used literally, as we doubt not its
expenditure has thus far been i'll vain. The
Judiciary Committee will report almost
unanimously in favor of impeachment; and
Trial, after last Saturdays action, cannot
be avoided if a majority (G5 meplbers) of the
Assembly approve the report Of the Com
mittee.
1t will be, then. in the Assembly on Wednes-
day that the first fight of the Ring and the
lobby to save the Judges will occur, and if
in the votes of the House when the Judiciary
report comes up. They have failed to scduce
the Committee or to secure adjournment, and
we do not believe they can induce the Assem-
bly, to prevent impeachment. The members
clearly comprehend the Importance to reform of
removing these corrupt officials. Both factions
of the Republican party and reformed Tam
many and the Apollo Hall Democracy demand
it. And members understand clearly enough with
what Jealous scrutiny their every action on this
important measure is watched. We make no
insinuations or imputatiOns; we wish to speak
dispassionately, but we want to be understood.
The impeachment of these corrupt Judges of
the Supreme Court is demanded by the unani-
nous sentiment of the whole people who have
suffered by their violations and nscOnstruc-
tons Of law. Honest merchants and lawyers,
and the managers OF all the great corporations
which are attracted here as to the financial
center and capital of the continent require
this impeachment for the protection of their
interests. 1t is only Tweed and his Ring and
the Crates who oppose it. The removal and
disqualification of the guilty Judges is daily
called for by the four principal Journals of the
city, without regard to political or partisan
differences, while they are apOlOgized for only
in minor sheets VIGOROUSLY in their pay, and
by scandalous Sunday papers whose support
is positive dctriment to any cause.
There have been several impeachments of
judicial officers ordered in this country, but
never before were charges warranted by such
strong proofs of criminalty az have been pro-
duced and published against these men,
Francis HOpkinsOn, Judge Of the Admiralty
Court of Pennsylvania, was impeachcd for
accepting present of suit Of clothes. 1t is
in proof, fully corrOborated and not disputed
that Barnard accepted from a favored htigant
set of furniture worth $500. Edward Shipper
and two Associate Justices Of the Supreme
Court of Pennsylvania were found guilty of
arbitrary violation of law in fning and i'm
prisOning q man for contempt not committed
in presence of the Court. Judge CardOzO has
violated enactments construed by himself to be
constitutional law in more than hundred and
fifty cases Of habeas corpus, ard thereby turned
loose upon this community horde of the
worst criminals which ever cursed it, and
Barnard has offended in like manner in scores
of cited cases. Indeed, the latter has number
less times proclaimed his contempt for the con-
struction of law of the best learned authorities,
and even the rulings VI tHc COuItoS WuuO
the more discreet CardOzO, without Boosting
his offense, has been Indifferent TO both
authorities and rulings. Judge Samuel Chase
was impeached for arbitrary manners and
rulings. Both Barnard and CardOzo are notori-
Gus for their insolent bearing to lawyers and
litigants, and the obscenty Of the former is
part of the testimony presented in the report
of the Committee. James Peck, United States
District Judge of Missouri, was impeached for
suspending an attorney without cause. 1t is
in proof that Cardozo has threatened lawyer
with his Judicial disfavOr for venturing to
appear in the hdbeas corpus case Of two women
whom that Judge had shut up in the TOmbs
without warrant or examination. We believe
it is principle of the profession in general
acceptance of all honest lawyers that habeas
corpus case is one which cannot be declined ;
vet here we have Judge of the Supreme Court
dissuading lawyers from their duty. Judge
Prescott was impeached for receiving sums of
money amounting in all to less than one
hundred dollars, and, though defended by
Daniel Webster, he was convicted. Very strong
if not conclusive documentary evidence has
been adduced to show that CardOzo shared
moro than $4,000 with bis "nephcw-Gratz'"
49,