The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-05-09
THE IMPEACHMENT TRIAL.
CONCIUDTNG ARG UMENT ON THE
EENATE,S JURISDICTION.

session at ii A. NJ, ana Manager hnott CON
eluded his argument. lie said that when the
Court did him the favor on Friday last OF ad-
fourning In consequence Of the indsposition
from which he was then suffering intensely las
he was still suferinR). he was about 20 institute
an inquiry suggested to him at that particular
moment by the closing sentence In paragraph
from Judge Story's Commentary on the consul
tuition, as to the purpose for which the femeuy
By impeac hment was designed. However muoh
eontroversy there might be with regaru 10 tne
ebaracter OF the offence for which an impeach-
ment would lie, he apprehended that there
could be but httle n any, dispute as to the pur-
pose for which this mode OF procedure was
desgned-lt was that stated by Judge Story
rto secure the State against Rros, misde-
meanors." II was to protect the purity and
maintain the integrity OF offcials, particularly
In those departments OF the Government that
we're not under the immediate and direct con-
tol Of the people at the polls. Tho great object
ofim peachue ent was to exhibit conspicuous
Historical and eternal example, to prevent tho
occurrence Of like offences in the future. The
design was not simply TO harass, to persecutc. TO
disquallfy (merely for the sake OF vengeanoe),
butt was that all other offcials. In view OF his
punishment, might be warned from yielding to
temptation under similar circumstances, and
might feel that II they should fall they would
fall like Luclfer, never to rise again
Counsel for the accused In this case were dig
nifyine their client far too much in supposing
shat this proceeding was simply to harass hin
simply to dsquallfy him from again contamnat-
ing tito Government, II indeed he were guilty.
The House OF Representatives In sending these
articles here had a far higher purpose In view.
Non OF ON cial and public morality In this coun-
try. and whoever had gazed on the frightful pic
ture drawn by his distinguished and learned
colleague DIR. Hoar) on Saturday last, would ad-
NIT that It was Nighttime that such process were
put into operation. He went on to argue that II
tbe intention of the trainers Of the Constitution
pad been that no man could be impeached un-
The We very Wac fact that they T omitted ton to make thu.
reetriction was conclusive that they
did not intend that the proceeding of impeach-
ment should be so restr cted.
Senator Morton asked whether In England a
person who has been punished by court for
grimes committed I'm ONCE, has, after retirement
from ONCE, been impeached and punished by
Parlamsnt; or where the person has been i'm
peached and punished by Parliament, he has
hterward been punished for the same offence.
ENGLISH AND AMERICAN LAW.
Mr.. Knott replied that he did not know Of any
fuoh case In England, nor had he ever examined
point. while on that subject, however, he
would show the difference between the Ameri-
reason for that difference. The trainers Of the
Constitution had manifestly In view the model
procedure by impeachment with all Its Incidents
Of oeheading, piiloryins, &c. They knew that
and. therefore. they provided that JUDGMENT
ln cases OF impeachment shall not ex,
tend further than removal from onice, and
srust or profit under the United States They
eimply. drew the line for the Court, and said,
Thus far shalt thou go, but no further. He
maintained that the doctrine contended for by
the defence, that the guilty person deprive
ths House OF Representatives OF Its prerogatiyes
10 accuse, or the Senate OF Its jurisdiction to try
an Impeachment was Simply TO render the pro
vision OF the Constitution relating to the subject
. ridiculous absurdity, and 10 stultify the fram-
ing of that instrument In conclusion, Mr.. Knott
am content to leave the question with you perfectly
eonnuea that no large npmoer Of rifnmindea people
posed either fools traitors for sending here,
eS yoS WIZ wnsteveT St your decision sy be- am sats
BED will be such as to rebound TO your own credit =.
ef our common county for
shave neither wit, nor words, nor worth.
fGT 70 stiT men's blood -'' Wv ''"'' - '''''
cannot forget that stand in the presence q the
native anG sitting g determine one & Of me graves;
kour but for ali time, not Tor the individual accused
put for gr generTaons yet unborn you'd not there
ScndS Change he smSS SS0 Hy S
.nee which should be poised here IN !he nrm hand OF
sssdas. q Ia; hour WI eye! 6s resctaed ey ies
ssdd zen .. h''l nut t@sF' a'' ss.
Permaesnt and eadurins as The foek,rbosd S hills
psry consaeraiions UNI ndaenced BY private sympathy
s. ssTPt any 'S mat sana
10 the 1loc Al Ierature Of this coultry IL his man
sane ls1. he has scaievcd memorial 10 the sfec,
nonae yeneration q his eountrynen more precious
psn monumental brsls TAprisuse.I
JUDGE BLACK CLOSING THE ARGUMENT.
: Mr. Black closed the argument on the part OF
eted between this case where the accused was
not in Office at the time the House Of Represen-
Natives took cognizlnce Of IL, ana the case OF an
offcial resigning after that point Of time. The
real point at Issue was whether man who had
Fesigued his Cflce was TO be still accounted
public ON 'er for all the purposes Of impeach-
nent. On that proposition he held the negative
and W 'ud maintain itlf he was able.
Judge Back then commented at length upon
the atsument of Mr.. llOar, and the quotations
vhlcn thlt gent.cmln made from John Quincy
Adams, and ssid Mr.. ADAMS was the least
eiahle man who ever lived on a question OF law
that he was always ready for personal CON
AWAY In state oi chronic Inflammation, and
ture oi the slrfe." lie next referred TO the re-
marks OF Mr.. Ho1r. made IN the House Of Rep
teseniatiyes when the articles OF Impeachment
seIe ireseuted, t. the effect that the House
thu no power to impeach and the Senate
len,dirtion 70 try the accused, and said, of
SsSSnr'e' mat gentleman (Mr. HoaD had right TO
SuAhst his opinion. No man was bound to live
81, '-Y an vtlhlph Whlch 20 might nave
su4N question Ike this vhen lrst presented
~ N,, N'Nd' ana 10 one had right to say that
~ tVv n'lVv WIS Iot con- cientous one, or that
~ gentleman proies-ed now an opinion which
70. "u ~, uDV lh.,tD ahd seriously entertain. 1t
ei,S, uuv & that t.e change had occurred under
stoNns,ances Of x,itement aud political ter
- not very couduciye to the formation
sound iud4ment. The gentleman
80 cen surrounded by conia ration
ei,ltf ana animosity. Mr.. Black con-
fYJV tnht the House Of Representatiyes
s''u n4t thfnw us dfas-net over the whole ma
sni M" u ,''u ut &" M every man, whether n public
t,, -. "f pilaie CT zen, lie denied the doc
L. =. asserted 10y the Managers that a man once
X & w. wa always am nicer. lie quoted from
h. "''' 'aI . ~ and story On the Constitution
/" lplrt = bis Views.
~ hlne 10 Tie English prece lents no said
OF T., H. 90 thu"Mledgrd that IN England the power
- "'l uelt WIS omHlpptent, al d for that
go .'7"h mere Wt7 no resemblance, except in
H. ~ "iihs ol the thing, between Impeachment
80 IiAl country aud IA this. The oninipotrnce
.'"' heNt reached t. every subject in the
ssGn NV ia tho most ordinary tunes 1t mieh
80 lNl lH victim lcer or a commOner a
a'"'o "I peasant, priest or layman. freehold
oi'uant, me 'tauic, any one They
r'ln MOI ie,lrcted by any law to political cases
s""a' ehl could hang and quarter IA man i'm
Eh,h IL hie, and nuc him 4, lie exlent ~ ! III
C,n" stale lie neXt spoke Of tho tower ~
tongues uhHer our Consultation. ana cl a., 81
shh' 'he felguatiYn of BriknAu VA, le,,i' a,t
- ","aIo N"l "a" ligut 70 70 boAiud H. Hef"r
sht the alleged threat of Mr &, ma ~, el.
snttho f''t h.ihhAp resigned be- would be IN
E,n,,,,Hi, VI black sald the Chairman ~ ~
iy,n','it'.e On War Expcndtures gave nnt,ca n'
6i,,' ullee,h - ton. Belknup or medln,e,, 70, 30
tra' t',oucn hlt COUNSEL that Il he dtd nnt' , ~
49, - tiD'l m t uih.t Def re T. O'Clock on Marnh . b
Dneu"a t"s' l'ur be impearhed, and I'm oonse.