The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-22
MAJOR GUTHRIE
OPENS ARGUMENT
Makes a Mastery Speech
For Prosecution.
DIUCUSSES MUD-SILLS

The evidence in the impeachment case
was concluded yesterday morning before
noon, and the argument opened. Maj. VIM.
A. Guthrie, Of Durham, opened for the
prosecution. He spoke four hours yes
terday and will conclude with short
speech this morning. His speech has laid
the foundation Of the prosecution firmly
upon granite, strong, immovable, impreg-
nabIe. 1t was an able exhaustive and
mastery presentation of the question
from the constitutional and bedrock
principles upon which our government is
founded.
MAI GUTHRIE'S SPEECH.
Maj Guthrie began by congratulating
the Senators that the trial had reached
the point at which argument of counsel
was to begin.
"You met in this capitol the first month
of the first year of a new century and
your legislative acts and doings have now
passed into history. But this is the most
important matter that has, or will, come
before you
He reviewed the origin and progress or
the impeachment proceedings, adding:
I'm them there is laid on you the high
est duty that a legislator can be called
upon to perform. And Senator's pausing
for moment upon the threshold of this
argument, l want to quote to you from
the opinion of one of the Respondents, to
show you the magnitude of the duty resi-
ing upon you. 1t is from Green VS.. Owen,
125 N. c.. page 22O. and was written by
Judge Douglas
-ss" IT is further urged by the defendants
that this is only an So office and there.
fore beneath the notice of court of JUS
tice For this somewhat novel position
the only authority to which we are cited is
the maxim de minimis non curat lex
1t may be an SIS office. but does it involve
only an $S principle? Where would the
learned counsel draw the line? Eight dol
lars with board is equal to the monthly
wages of many farm hand, and can we
say that his months labor is beneath our
notice? Such proposition commends it
self neither to our judgment or our con-
science. We must stand by the principle
as we have laid it down, and give to all
alike its equal protection.
Commenting upon this extract from
Judge Douglas opinion, Maj, Guthrie said;
"You are not trying a question of
$S3115 You are trying a principle, and 1
join with him in saying, There is no lit
tie thing where a principle is involved.
This court to which these Respondents
belong is a high court the highest in the
State, but yet it is not higher than the
Constitution of the people,
Maj Guthrie explained that in the dis
cussion of the case he would have to go
down to the fundamental principles of
government and that in doing this he
would perhaps be little tedious, but his
apology was that it was necessary. He
added
Government is only growth and no
government is perfect. The Constitu-
ton is made by the people, and the people
may change it whenever they see fit 1t
was only last August that new section
was added to the Constitution, made ne
cessary by existing conditions. What we
now complain of is that these judges will
not allow the Constitution to grow
The Supreme Court he said, ought to be
the shield and protector of the people,
the bulwark of their liberties, and not
the trampler-of the Constitution under
foot the disregarder- of the laws
hn I
islative, Executive and Supreme Judicial
powers of the Government ought to be
forever separate and distinct from each
ether and said:
I'm the Constitution of every State in
this Union, the legislative powers are first
provided for then the executive and last
ly the judicial and all of them say that
these powers shall be forever kept sepa-
rate. And that is what this court of I'm
peachment is now called upon to do.
Just thirty years ago High Court of
impeachment sat in this hall. And what
for? To try the Chief Executive Of the
State because he had encroached upon
the rights and powers of the Judiciary. He
had defed the courts and backed by mil
itary authority had disregarded the sa-
cred writ OF habeas corpus. For this he
was lmpeached and removed from office
That was contest between the Executive
and the judiciary. This is a contest be-
tween the Legislative and the Judicial
powers
The speaker now discussed the case of
Marbury VS.. Madison, decided by Chief
Justice Marshall, and asked:
What does Mr.. Jefferson say about
Marbury VS.. Madison? BY reading 1t /
can show you that there has been, is now
and can be, nothing new under the sun
This is an old case-this attempt of the
Judiciary to encroach upon the other de-
partments of government Marbury VS..
Madison was case about office. and Mr.
Jefferson wrote this concerning it:
- observe that the case OF Marbury
vs.. Madison has been cited lin the trial
Continued on Sixth Page.)