Year: 1868

MR. COBB. Mr.. Chairman. if this


dobate is confined to the form of the


articles of impeachment against the
| President, which this House has or.
dered to be prepared, and of which the
loyal people Of the country have de.
clare5 him worthy its scope would be
narrow, indeed, and the fifteen minutes


to which | am entitled would be more
than sufficient to enable me to express


my views on that subject. But as the


general subject of impeachment has
been considered IN order, | have
sought the floor to give my views on


this grave question, for it is a grave
and important one. A legal proceed
ing against any citizen which NAV
deprive him Of his political rights,
should always be approached by law
yers, courts, and jurors with a due
sense of official possibility, and it
adds somewhat to that sense Of resp0n-
sibility when the accused has stood
high ia the estimation of the com


munitv.


While it is the duty of courts and
juries to protect the rights of the
meanest and lowest Of mankind when
placed upon trial accused Of crime, It


IS equally their duty TO administer the


law without fear, affection, or hope OF


reward, when the accused chances to


be a possessor of vast influence by
reason of official position, wealth, or
! talent.


This House has been admonished in
tones of solemn warning against lay


ing It's hand upon the sacred head of


the President. While listening to
some Of the gentlemen on the other
side of the House one could almost
imagine himself carried back to the
days of the Stuarts and listening to a
bull of excommunication against the
regicides read by the Pope's nuncio.
But let 1t be borne In mind that this
impeachment of the President is no
impious uprising of ungrateful sub
jects, forgetful of the favors of kind
sovereign and restive under the meas


ures of chartered privileges, seeking


to lay their impious hands upon the
sacred head ruling by divine right.
Oh, no; this is a case Of the sovereign


people calling to account an unfaith-
ful steward, one whom, in an unfor.


tunate and unguarded hour, thev had


taken from obscurity and generously


placed in a service of great honor and


emolument.


Although most of our legal terms


are borrowed from the mother coun-


try, vet in their meaning and appli-


cation they are often necessarily re-


versed IN consequence of the radically


different nature and character Of our


institutions. Under monarchial insti-


tutions the people and their rights


are matters of secondary considera-


tions. The ruler, the sovereign, and
his privileged class OF office holders


are the State" Hence to impeach
one of these was considered a high


handed proceeding. 1t has been some


times held in England that mpeach-


ment would only lie for an indicta-


ble offense, or at least it is so claimed


and 1 admit it for the purpose Of this


illustration. And certain it Is that


there many of the rules governing


trials IN criminal courts have been


held to be applicable to trials of i'm


parchment.


But in this country and under the
genius Of our free institutions all of
this Is reversed. 1t is wise maxim


of the common law that " everv man
shall be deemed to be innocent until


his guilt is proven beyond a reason



able doubt = and, again, that 1T were


better for ninety and nine guilty men


to escape than for one innocent man


to suffer :" but ] have met with no
such maxim as that every man shall


be deemed entitled to hold lucrative
Office until the contrary Is proven.
nor that it were better for ninety and
nine rogues to remain in office than


for one honest man TO lose an office


No sir; in this country Offices were


made for the people and by the peo-
pie. When they make a grave mis-


take and elect an unworthy man to
Office the mistake is their own. and


the misfortune must be borne until a
lawful opportunity occurs for remedy
ing it. This opportunity generally
occurs at the recurring periodical ell
ection, but sometimes the recipient of


public favor Is so unworthy and so for


getful Of the people whose servant he
Is, that he recklesslv places the rem
edy into their hands for earlier use.
BY the terms Of the constitution,
the House Of Representative = YOU
Mr.. Chairman, and I with our fellow
members-are made the sole Judges of
the time and occasion when the peo.
pie of the United States shall call to
the bar of the high court of i'm
! peachment any one of their public
+ servants. be he President Of the Uni
+ ted States. or be he justice Of the
peace for the District of Columbia.
f TO answer for high crimes and mis-
I demeanors in Office. To fail in the
discharge Of this duty would be as
great dereliction on our part as
/ 10 taIl III the discharge OF any 9th
er duty clearly enioined upon rs by
the express terms Of the constitution.
/ Is he high officer whom Il is sough,
/ TO impeach ? The people, whose ser


wants we are, are higher than he. " c
seek to deprive no man Of his Office.
/ W 2 seek 10 restore 10 the people