The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-09
NEW YORK HERALD TUESDAY, MAY O. ls7e-TRIPLE SHEET

become byword and a disgrace all over the world
According TO his account. III would be more toler-
able for sodom and Gomorrah," Than Tor
those cities Of the plain, whose wickedness
he had been Impending. Lake Lot, his
righteous zeal bad been vexed from day day by these
iniquties According TO him all classes OF this coun-
try weltcrng together in great OF moral
putre faction He had treated the arguments made for
the defence this question OF law as but the eers and
sophslrIes Of the criminal lawyer. II the gentleman
We're criminal lawyer Jas he supposed from his sneer
he notl or II he any lawyer at all aud
pretence OF arguing simple question OF law attacked
the opposite party with butter abuse unfoundcd on any
whom he could lay tho rough side OF his tongue no
would be gently reminded that he travelling out OF
record and II necessary would be brought hack TO the
point with rather sharp turn.
Judge Black then commented at length upon the
argument of Mr. Hoar and the quotations which that
gentleman made from John Quincy Adams, and said
Mr. Adams was the least reliable man who ever lived
on question OF law; that he was always ready Tor
personal controversy that his bump Of comabtiveness
was always In state OF chronic Inflammation and
that he enjoyed nothing SO much as the
rapture 81 the STRIFE" He next re-
the House OF Representatives when the articles OF
impeachment were presented, to the elect that tho
risdcton TO try the accused and said OF that
gentleman mr. Hoar) had right TO change his opin-
ION No man was bound to live and ABIDE by an opin-
ion which he might have about question like this
when first presented to his mind, aud no one had
right to say that the change not conscientious
that the gentleman profcssed opinion
which he did not honestly and seriously entertain
II was true that the change had occurred under crcum
stances OF excitement and political very
ducive TO tho formation OF u sound judgment The
gentleman had boon surrounded by
COMPLICATION or ANGER
and animosity. Paey right when no said that he
must be either more less than man who refused to
kinde In the general blaze IL some honor to the
gentleman Mr. Hoar that he the last To take
neutrality-suspicious. when he did begin he proved
TO DO rather moro combustbIe than my of The rest
loud laughter IN tho galleries, which the Chair
Mr. BLACK coutcndea that the House OF Representa-
tvcs could not throw It's drag net over tho whole
ton and draw In every man, whether public officer or
private citizen. He denied the doctrine asserted by the
managers that man once In Office always OH
story on tho constitution in support Of his
views, and said several great political revo-
ao nS ssryea this ss.
had been driven out with the wrath OF their victorious
enemies burning after them Thu vicors. they came
in, sparing OF their charges treason corrup
ton aud crimes and other misdcmcanors were talked
about Yet II did not appear that II had ever entered
party coming in and having power ali the branches
Of the could subject their displaced Oppo
nents to the power Of impeachment Referring to
THE ENGLISH pREcEDkxTs,
he said II was acknowledged that in Engond tho
power OF Parliament omnipotent and Tor that very
reason there resemblance except In name Of
the thing between impeachment In that country aud
IN this. The 0mnpotence OF Parliament reached to
every subject OF the realm Now in the most
peer or commoner, prince or peasant, priest
or layman, freebooter, merchant mechanic, any one;
Parliament could hang and quarter mnn, mprison for
lite and fine him to the extent OF his whole estate.
He spoke OF the power or Congress under
sitution and claimed that the resignation Ut Bcknap
legal and the Senate had right TO go behind IL.
Referring to the alleged threat OF Mr. CHmer:
be impcached, Mr. Black SAID the chairman
OF the Committee on War Expenditures gave notice,
either directly TO General Bclknap medatcy 10 hun
through his counsel that II he did retire from
office before twelve O'Clock March he would that
hour be impcached, and in consequence oil that. TO
did take his resignation 70 the President at half
past o,u ten and got .. tho Presidents rSs sI
when the House met tho Office had been declared
vacant, and another person had been appointed aud
exercising the powers Of il It's head The de-
fence did not claim that this was compact with the
chairman OF the committee. Mr.. Clymcr had right
to speak Tor the House. but General Bcknup knew that
he n leading member OF the House. and that what
he proposed TO do very likely be accomplished
III arg led that tho mon who framed constitution
whenever doubt arose about tho meaning OF partic-
ular provision resolved that DOUBT favor OF public
liberty. This the time above all Others and this
judicial the proper for the Senate
to show that that doctrine was net mere political
dogma put forth to latter aud cuole the people, but
a principle founded in convicuon and upon
reason. Tho colossal grandeur Of Washing
toms character still attracted the admiration
of the world, and Frankn's quiet memory climbed to
heaven, and the pure philosophy OF Jefferson lllum
mated the path OF statesmen. Madisons wisdom
the standard of all orthodoxy and Jackson's name
would he watchword To the free forever. The Amer
can people did not forget what they owed TO these
men, and II the members OF the Senate belonged that
illustrious breed, II was III that on judicial occa
sion like this they should show the mette of
their parcntage. He argued that whenever wo
were considering any feature Of the constitu-
ton which inringed upon great right
that the constitution had given were always to
that feature the narrowest construction possible This
impeachment provision of the constitution affected
several of the most important rights that
claimed by people conceded by government and
should therefore be strictly construed For instance
all men charged with criminal offences were entitled
10 trial by jury, but this provision took away the
right OF the party accused Of trial by his peers and
subjected him to trial before political body COM
posed it might be- OF his rivals and his Mr.
Black said, conclusion, that he had begun his
marks without exordium SO he would close without
peroration
Judge Black concluded his argument about three
o'clock, when, motion of Mr.. Edmunds, the gal
ercs were cleared and the Senate went into secret
session At i've O'Clock the doors rc-opencd and
the Chair announced that the Senate had agreed upon
two orders, which were read as foows:--
ordered that, until further notice, tho attendance
before tho Senate OF the managers and the respondent
will not be required.
ordered that when the Senate sitting for the trial
of impeachment adjourn, II be 10 Monday next at half
past twelve O'Clock 7. NJ
Tho senate then adjourned.