Year: 1867

| or any business concerning himself is unde'
| consideration" etc. This is a statemen
in brief Of the general principle that per


vades all proceedings in legislative bodies
| Members shall not act in g matter in whioi
they are personally concerned. This is
fundamental principle; it pervades ths
social compact it is this which interdict.
a Judge from presiding at a trial in which
he is himself an interested party
II was intimated yesterday that the
rules laid down in the Code must ex.
clusively guide us in case of this kind.
deny this. In case Of this kind, we are
guided by the common Law, a higher law
than is to be found in any statutory enact
ments; law which is eonnate with re.
ligion and civilization itself and which
may still be traced in law Latin treaties OF
a remote and perhaps less enlightened an
tiquity. The spectacle with which we are
presented, and which We are told must be
tolerated and endured, that brother shall
sit in judicial conelaYe where he shah be
compelled, eH his oath, to pronounce the
sentence OF condemnation against his
brother, is shocking to our sensibiIities.
an outrage to our sense of justice and iu-
dicial propriety, and abhorrent to all those
holy instincts which are implanted in the
hearts of men. / will read few words
from the Fsderalis bearing on the question
before us:


well constituted court for the trial Of i'm
psacbme is an object not more TO be desired
than difficult to be obtained in n government
wholly elective. The subjects Of its Jurisdiction
are those ofenses which proceed from the mis-
conduct Of public men, or in other words. from
the abuse or violation of some public trust. They
are ola nature which may with peculiar propriety
be edenominated political as they relate chiefly 70
injuries done Immediately TO the society itself.
The prosecution of them, for this reason. will
seldom fail to agitate the passions of the whole
community, and TO divide il into parties. more
or less friendly. or inimical. 70 the accused. In
many cases it will connect itself with the pre-
existing factions, and wiz enlist all their ami
mosites, partiahties, influence, and interest on
one side or on the other; and in such cases there
will always be the greatest danger, that the de-
cision will be regulated more BY the compare
tive strength of parties. than by the real de-
monstrati0ns of innocence or guilt


The deIicacy and magnitude of trust, which
so deeply concerns the political reputation and
existence Of every man engaged in the admins
tration Of public affairs, speak for themselves.
The difficulty Of placing il rightly in govern
ment resting entirely on the basis of periodical
elections, will as readily be perceived, when it
is considered that the most conspicuous charac-
often the leaders or the tools of the NEST cum
ming or the most numerous faction; and on this
account, can hardly be expected TO possess the
requisite neutrality tsward those whose conduct
may be the subject Of scrutiny


The convention, il appears, thought the SEN
ate the most fit depository of this Important
trust. Those who can best discern the Intrinsic
difficulty of the thing, viii be least hasty in
condemning that opinion, and will be most in
elined to allow due weight to the arguments,
which may be supposed to have produced il.


What, il may be asked, is the trne spirit Of the
Institution itselff Is il not designed as method
of national inquest into the conduct of public
men? If this be the design of It, who can so
properly be the inQuisitors for the nation as the
representatives of the nation themselves? It is
not disputed that the power of originating the
inquiry. or in other words, of preferring the i'm
peachment, ought to be lodged in the hands of
one branch of the legislative bodys will not the
rangement strongly plead for an admission of
the other branch of that body to share of the
INQUIRY The model, from which the idea of
this institution has been borrowed, pointed out
that course to the convention. In Great Britain
il is the province Of the House Of Commons to
prefer the impeachment; and of the House of
Lords TO decide upon it, Several Of the State
constitutions have followed the example. As
well the latter as the former. seem to have re-
garded the practice of impeachments as bride
In the hands of the legislative body, upon the
executive servants Of the government. Is not
this the true light in which it ought to be re-


i here else than 10 tie ssnasseouId hsvs l5ssn
found q tribunal sufficiently diEnihed or sufh





be likely to feel confidence enough in its own
situation, TO preserve unawed and uninhueneed,
the necessary impartality between an indi-
vidual accused, and she representatives. Of the
people, his accusers


Could the Supreme Court be relied upon as
answering this description 1t is much to be
doubted whether the menbers of that tribunal
would, at all times be endowed with 90 eminent
q portion of fortitude as would be called for in
the execution of 50 difficult task and il is still
more to be doubted. whether they would possess
the degree of credit and authority which might,
on certain occasions, be indispensable towards
recOnciling the people to decision that would
happen TO clash with an accusation brought by
their immediate representatives. deficiency
in the frst would be fatal to the accused in the
last dangerous to the public tranquility. The
hazard in both these respects could only be
avoided, if at all, by rendering that tribunal
more numerous than would consist with q
reasonable attention TO economy. The necessity
for numerous court for the trial of impesch
ments is equally dictated by the nature of the
proceeding. This scan never be tied down by
such strict rules, either in the dellneaon of the
ofense by the prosecutors, or IN the construc
tion Of il by the judges, as in common cases
serve 20 limit the discretion Of courts in favor of
personal security.


This court, Therefore, is clothed with
larger powers than are prescribed for the
trial of offenders before the ordinary courts
Of the country, and has unquestionably,
the right of admitting or excluding men,
bers. Surely there ought to be no ques-
tion with this court, as to what it can
rightfnlly, legally and properly do. You
are asked TO say, Mr.. President and associ-
atea whether brother should sit here to
form part of the court to pass on the con-
dnct of another brother. But how can
such monstrous thought be for a moment
entertained? 1t is worse than "seething a
kid in its mothers milk" "a brother"
we are told, "is harder 20 be won than the
taking of CITY," A sentiment which re-
cognizes the tie which bind them in
the relationship is so intimate that when
once sundered il is sundered forever.
II his interest in his slave prevents
a master from sitting on trial of
that slave, or if even where the owner
ship Of horse is involved, or of railroad
or other stocks, the claimant is precluded
from adiudicating because his own interests
are involved, how much more must the
interest which brother feels in brother dis
qualify the one from making a judicial
inquiry into the guilt or innocence Of the
ether?


With these views, Mr.. President, /
submit the proposition, first, that the Senate
has complete and ample power over this
question TO say whether the Senate has
power to Judge of the qualification of its
members in judicial proceedings, and,
secondly, whether in the exercise of this
power it is not competent TO declare the
Senator from Knox and Roane entirely
disqualified for sitting in judgment on the
present trial.


Mr. Ewing; l had supposed after the
adjournment Of yesterday, and full oppor-
tunity given TO examine authorities, that
something would have been produced in
proof of the position taken by the counsel
for the prosecution, that would have borne
at least the semblance of authority in de-
feDse of the ground taken. must say L
am disappointed. There has been nothing
advanced that seems TO require the trouble
of an answer. OF plausibilities and fanci-
ful and imaginary theories, il is true, we
have had plenty. But of authority and
argument, We have yet had literally moth
ing. The gentlemen Of the prosecution
seem to have waived, or at least evsded,
the propriety of introducing these into the
discussion at least at this stage Of the pro-
ceedings 1t is something new to me, after
the court is constituted, after the members
are sworn in, and when no objection in
li'aine had been presented to any member
OF the court, that an objection
should be taken at this late hour
an objection which was fully known and
presented by the managers long ago. 1t