Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-03-21

nope OF EcApcCtdtOu LQGTSO1. 1.-Two !
been to the rich friend, to
exact justice been melted out to all, rich or
poor, high or low. regardless of all personal
consequences to myself? How ] faithfully
administered the law as have learned it, ap-
piled 1T impartiallyEto all sorts and conditions
of men, daunsed not by the smiles OF the rich
nor the frowns of the powerful. Has any man
left the halls of justice who answers you have
not been impartial, you have not been faith
full. If lives there such, him have Iwronged;
but he comes not here to say it. Palsy would
blast his tongue and shatter his frame who
would say it. Then senators l have been
faithful to mine oath, true to the onfidence
reposed in me, and the echo of the voices of
Thousands of my fellow citizens testify to the
truth of these statements; to them Confident
lyappeal in vindication of my judicial action
and conduct
He PUTS SOME QUESTIONS.
Senators, ask you what law, what consti-
tuition is there that binds me, that does not
equally bind you as man, citizen or public
servant? What law exempts you and not me-?
They bear alike on each and every one OF us
Judges, senators. Ali alike are protected by
the arm of justice and law. We are amenable
to its mandates, its requirements. None too
high to escape its penalties; none too low to
uuu IclUES cuU SdiCGJ III FlOtCCbbE PoWOiOs
Yours as senator is "to discharge the duties Of
your Office to the best of your judgment
and ability" superadded to which is this,
s'to do Justice according to law and evidence"
1t has been broadly and haughtily laid down
here that the counsel has no right to call in
question the actions Of senator sitting as
| judge of this high court, and whilst do
not by word or deed intend the slightest dis
respect to either the court collectively or indi-
Ix,tl 11p afcr nil or1n ma 10 7
disagree with those who view the rnomentous
| issue involved in different light in which
| they do, and calmly and dispassionately. and
| with becoming respect for honorable gentle
| men, present such ideas as may have upon
| this point.
SOME MORE SCRIPTURE.
"Is it," says the great lawyer orator of the
dispensation, st. Paul, to Aggrlppa, sis it
lawful to scourge man who is Roman and
uncondemnec?" 1 have said that no man
shall be condemned without being heard
in his own defense. This, 1 take it,
i the right denied to nc
man since the famous council
of King John and the barons of England upor
| the tented field of Runnimede 400 years ago
It was then that the despotic scion of the
Plantagenet line first heard the words of lib.
erty speaking in thunder tones of mans dis
enthralment from the iron bonds of despoti(
power.
Let every Briton, as his mind, be free,
| His person safe-his property secure;
His house as sacred as the fame of heaven,
Watching unseen the ever open door;
| Watching the realm, the spirit of the laws,
His voice enacted in the common voice;
| The general suffrage of the assembled state
| His fate determined by the rule of right.
| No hand invisible to write his doom;
No demon springIng at the midnight hour
| To draw his curtains and drag him
| Down to mansions of despair.
Wide, wide to the world disclose the secrets
of the prison walls, and bid the groanlngs OF
| the dungeon strike the public ear. Inviolable
preserve the sacred shield, the palladium OF
our rights-to Briton' sons on those great
pillars-freedom of speech, freedom of pen.
That none shall be taken, molested or de-
stroyed, but by the judgment OF his peers, or
the law of the land. No freeman shall ever be
convict, save he be heard by his Judges In
his own defense. Here the sacred
right of all free men was sealed and bound in
! the bonds of the iron covenant that we enjoy
| to-day, the right of trial having. by the
means of habeas corpus, the writ of might,
majesty and power, the refuge for freedom.
THE FOE OF OPPRESSION.
senators--It has been urged here that this
is nota criminal prosecution. But what is ii
then it is charged as a misdemeanor, misde-
meanor is crime, SO declared by the statute
classifying all crimes into felonies or misde.
meanor. If it is not this, it is nothing; you
have sat in vain, for the only constitutional
| grounds upon which you act as court and
sit as judges limits you to corrupt conduct in
Office, crimes and misdemeanors; but if moi
this, it involves conviction for disgracing
the judiciary for conduct involving moral
| turpitude in the violation of the oath of Office
| Mr.. Story says: "These prosecutions are O
check to crime, and an incentive to virtue,
A conviction records the guilt of an offender
to all coming time while history lasts; in the
language of that great lawyer, the late chief
justice of Wisconsin, when prosecuting the
| impeachment of Judge Lin Hubbel, If these
charges be true, even the present
ruin and the future ignominy which may
| fall upon him vanish out of sight in the con-
sideration of the vast consequences to the
! this trial, involving the terrible consequence
| iidoes to the respondent, should not, ask
senator's, the utmost care and precaution be
taken to let no question as to the application
of the strict rules of justice, right and law be
ever hereinafter raised against the manage
ment against the respondent? Surely senators
did but Jest when, often in their arguments,
they used such language as, "That If defend
ant could prove his innocence" eff respond.
ent can clear himself"
IT WOULD BE HARD TO DO THIS,
when limited to an equal number of witnesses
as the prosecution. Innocence is presumed in
| every case until guilt is proved.
How Is guilt established In courts!
| l answer whenever every rea.
sonable doubt of innocence is swept away,
and the accused stands before you in all the
naked deformity which the preparation OF
crime throws around the hapless wretch,
| then, and not until then, is he guilty. But
we impose no punishment, says learned
| member of this court. It may be true that
the deprivation of Office, to which citizel
has been called by the suffrages of his fellow.
men, together with its emoluments, is no
punishment to some. But to stand as Cain
stood before the Almighty, his punishment is
| heavy to bear, before the people of the world,
the people of the state and the district, with
the livid spot of shame burning on his
forehead, proclaiming him to the world con-
Wet of crimes and misdemeanors, refutes such
a proposition entirely. He stands solitary
and alone amid the 100000 citizens Of
this state he of all that multitude, however
honest, whatever his ability, may not enjoy
their confidence nor their snffrages, stands
like the shipwrecked mariner, the waters of
the ocean around, not one drop to drink.
NO CRIME is CHARGED
against the respondent, says one. ask what
are the charges9 Our statute makes all mis-