The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-07

tribunal known TO government The trainers
the constitution intended Impeachment 10 be protcc
lion Is the people against usurpation OF Executive
power and against official corruption Tney expressly
named treason and bribery the two specially
aimed Which Of the two would been accounted
The offence IN the minds OF those great statesmen
they had LETT nothing record show and he would
undertake 10 decide but he believed Il might have
been SAID OF them, II 81 the younger Pitt
that though he might IN n moment OF temptation have
betrayed his country no would never have stopped 10
pilfer from her.
THE VIRGINIA CONSTITUTION.
Mr. HoAR then traced the history Of tho proceedings
OF impeachment both IN England and In tins country,
and argued il clear proof Of the valuo OF i'm.
parchment that II had been adopted IN all the State
constitutions. In tho constitution OF the United
had probably taken Of Virginia
as s model IN the framing OF that provision, and tho
Virginia constitution expressly provided that assoy-
jurisdiction IN impeachment extended only To fciA!
trusts. The jurisdiction OF the Senate, too
official II likely therefore, that many
OF the 100000 Of inhabitants OF the
would be presented to the bar or the senate.
The time for the determination OF the question was
peculiarly fortunate. We were no, now IN the midst
OF any tempest political passion The serenity Of
the senate Chamber was uiis turbct There had bcen
NO political division In the prcscnincnt OF Tins I'M
parchment by the House, there had been undue
haste part the prosecution. Iithc defendant
indeed innocent, or II he had reputation which
he valued more than lie the only haste IN the
of this proceeding which the least had prcjudccd
either Tho haste with which his counsel adj
ysed him TO lay down his Office and the only error OF
Judgment IN the was that which determined him
tBeknapl 10 keep the true story OF this transaction
IRON his countrymcn The people OF this country were
trust his Nlndcaom either TIE Senate bad there
fore, to decide upon great night Of the American
people and not the fate Of an individual culprit
CORRUPTION
In a legislator whether Senator Representative,
iucxprcssably base and infamous, and IN judge
odious and degrading but II not SO dangerous
corruption The head Of great department for all
those officers had associates and were constantly sub
jec the jealous gaze OF The people But even among
heads departments corruption in the Secretary or
War was exceptionally infamous, for he stood at the
head OF OF the Two services OF the government
whose runns principle honor. The army and
navy spotIcss lilies OF the national
Mr. Hoar then from report presented to Mr.. Bel
KNAPP when Secretary ofWar on the West Point Military
Academy, signed by j. w. Stevenson and John
sherman, in which "a high regard tor truth and
feeling OF individual responsibility to God'
were named among the chief qualities sought TO be
developed the character OF the cadets and sad but
what influence VIII the preceps OF their teachers have
upon the CADETS when they see ut the head OF that
branch OF the government, which stands 10 them In
iocD payeats whose hands were filled with
bribcs the taking of which practice Unexpectedly
conn.c ed with ialschood aud dcccts There 0ur
from which we could get light on this question
OF I'm parchment There the debates and journals
OF the Convention Of 1885, the opinion OF other ribu
unals writers of authority, tue argument derived
from the language Of the constitution and the argu
inent be derived IRON consideration OF the great
but public objects to be accomplished
RLouNT
Mr. HOAX then alluded at some length 10 the debate
of the Conv cnt,on next referred TO the Bount case,
and said that all that the senate did was TO de-
4
for that public policy No Two branches OF
government could live together IN peace when one
branch could impcach member OF the other and com
pei that other body try its own member In that
case TOO, the Senate had already expelled Bount and
was justly argued that u would be absurd TO ask
body which had pronounced judgment 10 try the
case over again Blount would not have been IN
peacned even II he had renamed IN Office
I The Barnard case also, ne claimed, supported the
claim OF the managers, and he also cited
orisIoN JOHN quincy ADAMS,
given In the House OF Representatives to the effect
that he believed that he (Mr. Adalnsl could be i'm
peachcd Tor any corrupt act done While President,
even though he was OF office. Mr. Hoar then al
ludcd To his remarks the housc of Representa-
tles when the articles OF impeachment Bcknap
were presented and claimed that they mean
ing as attributed to them by the counsel for
Mr.. SARGENT, of California propoundcd question.
stating that there several members OF The Senate
who mad been years past civil officers OF the United
States and inqurng II they were liable to impcach-
Tor alleged act OF guilt done IN oiicey
Mr. HoAR said they were. undoubtedly. The logic Of
his argument brought him to tina. result.
Mr.. SARGENT asked What became of the comfy be-
tween the ,wo which the manager mad alluded
IN speaking of the Blount cascr
Mr.. HoAK said lac did not understand that there
any comfy between the houses which prevented tho
House from pursuing Senator into the Senate Cham
Der for guilt with lawful constitutional punish
mcnt A senator could not, of course, be called II
question even court Tor anythng he did in the Sem
ate Chamber matter how black Islander libel IL
was conceived to be- His (Mr Hearts, argument re-
lated the imic chnent OF Senator tor Senatorial
duty the indccency OF supposng that the House
OF Representatives might require that the Senate
should Try its own bar member whom II had per.
ittcd without the exercise OF Its own power OF ex
pulsion, remain in It's body; but il Beknap had
been elected the Senate from the State OF Iowa. ana
alter tha, OF bribery had been discovered
the House Representatives could and should and
would demanded that he be scqucstored from his
the Senate Chamber and placed at the bar, as
lac stood, criminal That power would DO
necessary Tor the purity and power CIR, and dignity
OF the American people The constitution
mentioned perpetual disqualification beyond
the Senate might think it It's duty In some TO
pronounce. Could this protective judgment ever be
any the less necessary because the crime had
been discovered until the Official term had expired al
though perhaps. the officer had been rcappointcd,
or ius before The proceedings eginnng or before the
judgment was announced the officer laid down his
office In regard to the argument that impeachment
was unnecessary, because the accused couli be pun
ished lower cou.t under the statute, seemed to
4 INDUSTRIOUS ABsuRpIrY
that this great constitutional remedy OF judgment
against high political offender on account Of great
political offences, committed Al the seat OF government,
should depend on his conviction BY jury, drawn by
tho Marshal from the Office holding the population OF
the District of Coumba Oh trial conducted and ron
toed by officers OF the Executive and the sentence
a SINGLE judge OF court however respectable whose
jurisdiction bounded within a couple OF leagues.
In conclusion Mr. Hoar said that tins Judgment
would not only determine this question Tor all
time Tor the Senate but il would speak
with authority not 10 he disrcgardcd IN the construc
ton OF like clauses IN constitutions OF more IMAM
thirty American States He did no; stand before tho
Senate the of Mr.. Bclknap nor the advo
OF the House OF Representatives, but he spoke In
u
them the constitution by their ancestors and which
nothing but their constitutional net could take
away THIS right that every American officer
when be attempted TO abuse or usurp power or gain
wealth by corrupt means in Office should hang the
dread OF what the iodcralist called
SENATE
to try him III the presence OF the whole American
people and visit him with tho perpetual inamy Of
its sentence He mir noar) much mistaken II
there not a very deep and pressing interest IN
this issue. The constitution had safeguards 10
throw away. Tie pubic events OF to-day admonishcd
~ A
ishng great guilt OF corruption office we must
not coniound idle clamor with public opinion accept
the OF scandal and malice instead OF proof,
but should make mistake IT, because OF tho
multitude OF false and groundlcss charges against men
IN huh olcc tail to substantial grievances
or 10 deaf with actual guilt The worst evil re-
sung from the indiscrimlnatc attack of an unscrupu
lous press inch In public station was not that nno-
ccnce suffered, but that crime escaped Lot scandal
malice DO encountered by pure and stancsS lives