The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-28

his conviction OF high crimes and misdemeanors be-
fore body whose general functions, like those OF the
House. purely political The Senate had put ON
their Judicial robes for this special OCCASION and when
a s's as suddenly as they had put them on.
The managers had perfectly sound and
wos ss Spsoss that Dos,S Ss
sympathy and tho demand they made for a conviction
was spoken, doubtless with potential voice. for Il
backed by their constituents and by the constu
OF the senate II the duty OF the defendant
TO do and suffer whatever this court might decree
But duty like that was always reciprocal and was
correative TO another duty II he owed obedience 70
the laws Of HIS country the country owed him fair
trial BY fair trial he meant not only an honest trial.
but trial free from all disturbing influences, where
tho scales would DO held with perfect truth and from
which the dust in the balance would be blown
away 4 ,ha! were possible THIS case mad rs pecuiar
likely DO At tune Of high political excitement
Even the judges Of the highest courts habituated
impartiaty felt themselves frequently unable TO
IN the face Of an adverse public opinion, and often
postponed their decisions as matter OF justice 70
themselves and the parties aud the public until the
rHr osAvx QUESTION
Of constitutional Law which met them 1t the outset
about which there great conflict OF opinion
among those who ought 70 understand II best Doubt
les: there would be powerful Arguments on the Psrs
the accused; but on the other hand those arguments
would he met with demonstration As plain AS the sun
noontide II was a matter Of transcendcnt impor-
lance 10 the public this question should be decidcd
exactly right II The Senate took Jurisdiction,
mem most xA EARNING usorpSsaon oe power while
II they had jurisdiction and refused 70 exercise
IT. it would be a gross derection Of duty
Certainly that not question TO be solved IN the
midst OF storm. II the Senate decidedly had jurs-
dction then would come tho merits Of the case and
he had right TO say there and now that the accused
was innocent. Such the presumption Of law. Nor
had he legally sucient and satisfactory evidence
him IN" the other
side had not acted with malice or rashly ana tney
had not made this assault without weapons In thor
hands. But every fact and circumstance produced
moral and natural would be met by clear and
sIMPLE EXPLANATION.
Such explanation, however, would require some
elaboration in It's presentation Tho answer would be-
satisfactory when II came; but TO produce was 50 In
cxpressvey painful that there never had becn timo
since the accusation first made when my unfortu
client would rather have suffered anything short
OF the loss Of tho good which he had earned
through lifetime OF well doing than TO present IT,
Yet this had be done. and the accused was en-
titled demand Tor u calm and fair consideration.
The COMMITTEES on War Expenditures had pursued him
with rcmorscess cagcrness. II they had taken HIM
into the public square and shot him dead II would
have been an exhibition Of mercy in comparison TO
making the accusation against him. Even though he
were able TO mako complete answer entirely sats-
factory 70 cvory impartial mind they bad inflicted
upon him as much torture ~ humanity could endure.
Taking these things into account this case to be
tried IN the midst Of Presidential election! II the
accused had but one party against him be could stand
that nrovdcd the other party would hold back and lie
low. This o IN which all parties, while they
agreed with each other In nothing else united in ono
grand chorus OF e1eCIhton upon tHc ucau Vi tue nc
cused The democracy, since this accusation had been
mado, remember ing It's traditional love OF everything
that and good In the government and its pro-
found hatred and contempt Of all manner Of corrup
ton-(aughter the gallcrcs)-broke out into an OK
plosion OF wrath without stopping to consider whether
or the and the general they sent
up which shook the whole country from sea TO sea,
stampeded completely tho party OF the administration
hsy ofoSo sno @ and sn ra Inc havv
stock went over the plains ut furious pace
loud laughter in the galleries, followed by reprimand
~ I'M hat Ind I'm
Department OF Justice done to protect and save tho
accused? Without warrant or process Of any Kind and
without any reason to believe that he mcdttated
escape, tho Attorney General
sURRoUxDEp HIS HOUSE
with policemen, stationed them N It's halls until they
wcro plentiful as the frogs OF Egypt Indeed, one
would have thought that this was some fallen Minister
OF an Eastern potentae awaiting quietly the signal for
the bowstring Yet, the head Of the Department Of
Justice was man OF learning and high character,
who could not be suspected OF Intentional injustice.
Hs would make this same appeal 70 any court our o. Jus
discretion Il did not imply want Of confidence in
the ina justice Of The body which It would be inde
nary courts listened TO such proposition, how much
more necessary II that political or legislative
body should dstrust itself and be careful how II
csed lts powers In case like the present Judges sup
posed themselves to 1.-Two In atmosphere above the
reach party camor or public clamor but the doors
of Legislative body could not be closed upon those in.
nucnccs. Besides, they all regarded II rs virtue TO
represent their constituents truly, and to
Show that that was the Universal result
was only necessary TO look at the dongs the great
Legislature of that country from which the United
States derived their institutions
HISTORY or iNPKAcHMENrs
in the British Parliament, and or pains ana penalties
place Of impeachment was the history OF the shame
and the misfortune Of that country in three Of
those cases and in all OF them perhaps In which judg
the successors Of that same Parliament ac-
knowledge with shame and sorrow that the
whole thing was wrong aud reversed the judgments;
but some those judgments still stood TO disgrace tho
nge in which they pronounced Hc instanced tho
case Of Floyd in the rcien OF James l., who for
fiippant expression concerning the ecctor Paatine
punished by Parliament and compelled 10 ride on
horseback through the principal thoroughisres OF
London two different days without saddle, with
his acc to The horses tail and with the tail in his
hands, and have him TO stand in the pllory for two
on the bare back branded on the forehead with tho
letter X and finally ordered TO be Kept in Ncwgato
Prison for tho term Of his natural fc And that pun
ishmcnt had been inflicted not by n set OF bar
barians, but by the greatest inteects, the wiscst
most vrtuous and discreet statesmen that England
had produced; among thcm Coke, the father Of
the common law. He also cited the Swartout case, In
this country, who supposed TO be dcfaulter TO
parties treated as II he guilty, just they
now anxious to have Mr. Bcknap punished ani
ward that instead OF Swartout being defauter the
government the government was indebted TO him IN
small amount II SO In this instance. Everybody
ANXIOUS TO have the gentleman AT the bar pun
ished and especially his trends OF the House Of Rep
rcscntaves Even the Attorney General OF the United
states had already shown and would show again. that
he could be indignant against man charged with
corruption MS the most vrtuous democrat who over
lived. (Laughter) He hkcncd the United States
the present time 70 that Roman city
which, at tho commencement Of the second
century, procured from Africa a magnificent
lion OF great strength and erocy, but which wanted
to give TO the lion on the cvc or the day OF the
pubic games. some OF the people dragged man
before the magistrate charged with the crime of
Christianity, and he ordered to be 70 the lion
II the magistrate had refused TO take Jurisdiction.
had acquitted this man on tho ground that he was
good pagan, what would have happened 70 tho mags-
tratcY He himself would have been thrown to the
hon. and the people would have have had their sport
anyhow. What did these EXAMPLES Of popular Jury
teach flor history was philosophy teaching by OK
ampel They taught that when 'thc heather rage and
tho people imagine vain thing demanding
SACRIFICE
that the very time that the Senate should take
jurisdiction or cognizance OF that CHARGE that Il
should wait quietly until the time propitous--
wait the Prophet Elijah waited when ne out
the cave until the earthquake ceased TO shake tho
mountain, until the great wind had blown past until
the mighty rc had burned itself and then listen
In ifofenai IN trhe hat