Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-06-26
statutes, and the ever ready bill of attainder
was invoked, but for almost the first time, it's
power was broken down

statutes, and the ever ready bill of attainder
was invoked, but for almost the first time, it's
power was broken down.
society had had enough Of such proceedings,
until now the constitution prohibited bills of
attalnder and er post .tacto proceedings, and
such trials were now conducted by those sworn
to be governed by the law, and to render de-
clslons in accordance Herewith But the theory
OF the managers is, that person can be tried
tor no violation Of statute LAWN fact, that
are still in force. If such be the be-
lief of the Senate, tnen let the pro-
ceedlngs be open, and above board-call in the
legislative power and pass Judgment without
reference to the facts and the law. But no.
You are sworn to administer the law impartial
ly. Go back to the law under which you hold
your seats. Place yourselves in the jury box
Listening to the charge of the Judge, and con-
slider It's import. Grave magistrates are en-
braced among you-men who have passed long
years in administering law, but he ventured
the assertion that never before had they heard
doctrine advanced SO dangerous to society
and so obnoxious to every sense of justice and
decency.
By the constitution of the State the govern
ment is devolved upon the executive, legisla-
tive and judicial departments, each indepen-
dent of the other. Perfect independence is
guaranteed each officer. The courts cannot in
terfere with the legislative with the executive,
ordinate branches Of the government, except in
the manner provided by law and for offenses
against that law. Each sits serene in his office
hedged about and protected in his rights by
law which gives him existence. By that law
your duties in an event like the present have
tlons have ceased, and you are to sit in judy
ment as judges. Each of you is to
rise in his seat, and keeping in
view your oath. pronounce as to the guilt or
innocence of accused. The effect Of your con-
duct does not stop here. It passes into prece-
dent, and may result in opening the doors to
every local mob in the State desiring the down
fall of magistrate who may, perhaps, have ap-
piled the hand of the law somewhat too heavily.
The managers have delighted in bringing the
term, corrupt conduct in Office" man may
be corrupt in mony senses and still not be sub
ject to impeachment. The term shorn of all
sophistry means committing wrong with
wicked intent. A magistrate do
ing wrong, thinking he is
doing right, is protected by the law. To
make him liable to punishment there must be
the intent. 1t must be proven that he has will
fully violated the law, the same as the COM
monest criminal.
In this connection Mr.. Davis cited the Multi
gan and other tripls by military commissions
authorized by President Lincoln. She supreme
court of the United States had since declared
those commissions extra judicial and their pro-
ceedings void but no one thought of impeach-
ing President Lincoln for his act. His pro-
ceeding taken from sense of duty and
for the public good as he conceived, and hence
he was held guiltless.
But if it is shown in this case that respond
ent was right in his acts; that in his charge to
the grand jury in the Ingmundson matter, he
was clearly within the law, as also in the other
cases specified in the articles, he might be pos
sessed of the malignity of a Jeffries, and yet he
could not be impeached. There must be an
actual violation of the law, and from an evil
intent. This is not court of error. It is not
enough to show that the law has been mscon-
but that it has been wekedly per
history Of judges would be little
more than that Of Impeachment.
In reaching conclusions there are also certain
conclusions that must govern your action.
First, there is that general supposition that all
acts have been done innocently until the con-
trary is proven. Another is that safeguard
erected about person charged with crime, that
such person is innocent until proven guilty,
beyond doubt, not only as to
the act but as to the intent. One who is made
judge is not translated into a perfect being
but he goes on the bench with the Imperfect
tions inherent in fallen humanity But
in this case that respondent has not admins
mics do not charge. No private sutton comes
here with complaint. His hands are as clean
as an angels SO far as bribery is concerned.
Such being the case, his counsel have the right
to envelop him in the robes of just Judge,
to put forth the claim that he has performed
the duties of his high Office wisely and honestly,
and to demand Of his judges that Justification
clearly his due.
At this point, having spoken nearly two
hours and half, and concluded his intro
duction upon the law as applicable to impeach-
ment proceedings, Mr.. Davis suggested that a
recess would be acceptable, whereupon, on
motion Of Senator Pillsbury, the Senate went
into secret session, and upon the doors being
reopened, a recess was taken to 2:30 p M.