Year: 1868

up with the growth OF centuries and which lie at the
senator's h what insist is the doctrine OF the Amer


an o tine Se oneae MANI
ayers can find no Justification anywhere In view OF the
the American Constitution and which forms part OF the
law OF the land in every State. II that be If you are
II the Constitution has nothing to do with it, II
form and rumor are TO govern ana control mere
then the very oath which took here an extra judi
cial OATH not binding the conscience, ana not Dlnd
ing according to the law Of the land s, TINS woaih
the most dangerous power that ever was invested any


tribunal on the face Of the ndtp ea the e pree Of
law ITSELF defeat the Will OF the Anerean peo
ple and remove from office any man VINO mght De uis
pleasing to ito at naught the elections ana ehgross
into its own hands all the powers Ol lhe couha1
can conceive OF no dangers menacng the liberties Of the
American people more awful ana irarinl u an snS uan
gers which menace them. Now if this doctrne nds any
sort OF vor I'm the minds hearts OF any senator 10
whom it is addressed, do not believe that ie hnean
Senate will for moment cherish any sch doctrines T
act upon it in the slightest degree II would proyocae All
the rampants OF the Constitution despo the VIII OF tne
American people, and eDgross in the hands OF ne Con-
Of the United States all the powers that were M
departments Of the Government. Another question: MT
ChefJustce, and it is question OF very eonsaera9le
the Constitution desire TO remind inc se.ate sna
ChefJusce Of proposition which was asserted az an


regretted moment that had not answered IT, but
it in the record and It Is not TOO ate 70 give


the expression that the great pulse OF the nation beats
perturbedly. htfully pauses when we pause ana @
have been told time and again that
the United States / may have something TO say Sen
ators before close my remarks but shan pos pohe e
ManaSer told " You that the public pulse per
turbed that it paases when yon pause ana bS goes oJ
time and time again that the people OUT Oh do3[S arc
States: Permit me. Senators, TO be guilty OF the hdeeo
rum almost OF saying word about myself; ana am
Whole course Of my professional career from the time
first young man to practice law TIL the present
talk TO Judge out of Court about any in which
| concerned. My arguments before lnmihaye always
independence Of the Judges before whom had the honor
10 pactve my profession TO take for granted hat ey
were men of honor Of intelligence and that they
would not hear any remark which should lnake 10 them
out Of doors and not In the presence OF ny
AM Have come TO thati is this case TO De ried
before the greatest Court III Carlstena9 no1 upon .
the ChefJusce Of the United States but to be tried on
common rumOri And is it to become interesting
or to cease to be interesting just according
% the eff'nS i we're d that do Intend 70
one designed to be offensive 20 any gentleman on
the other side Of the senate, would say that almost
make use that expression. 1t is not my intention IN
anything that have said or may say TO wound te SEN
body Connected With tie case But you told that
What an argument tc advance TO the American Senate;
what argument put forward IN the American nauon.
ra geous injustice which has been done In criml-
nal trials trials In Parliament, and rlals IN
eXenpt nom some notable instances Of It, Where public
clamor was allowed influence the Judgment Of the
judges those instances that are recorded IN history those
Instances Of blood and OF murder and OF outrage ana
WRONG perpetrated III the Of justice are an adon-
with this trial Senator's regarding vorr every yudgH man
whom l address as lGdgenas sworn Juuger x"nr
attention to great trial in this country which, nope
Fhs IN some s o. s a TS occurred s in the early history Of
the American nation where there was great pontlcai
trial and where the waves OF political excitement ran





United states himself desired the conviction CONVICTION
I then It went forward as the Judge went forward.
and it went backward as the Judge went backward,
| iIusrious trials that ever occurred in English or
American Jurisprudence. There was great criminal
who was morally guilty indeed for so lie has been
held in the Judgment Postery There sat the Judge,
Of the lastrious predecessors OF the INDUSTRIOUS anu
distinguished gentleman who presdes over our
tons now. There lie sat, calm, unmoyed nnaMed Wy ie
no motive Under the heavens except to administer the
law, and to administer IL fahinlLy ana Ne mao tue tus
rather the fear OF man and although the crml.
nal acquitted, and although there was some popular
posery has sanctioned the correctness OF the judicial
deerminatio and every American citizen who mas any
lawyer who has any respect for judicial
to he name and to the conduct John Marsha and so
lo.g judicial independence snail be admired so long as
}gSai }mrbn Viii b esteemed IN our own country and
throughout the civilized world one OF the brightest
judges who ever presided n court II is true tlat
clouds and darkness gathered around hm ior inc mo-
ment, but they passed away and were forgotten
Like tall cid that Hns its swu FORM


s1 ss sa the ,1 . s. s . +. ns n clouds 'n 'sG sIs Spread


Such was the name, and such the fame of John
fan Ike the Seu mantle Of Elijah. on the astroas
masisIrate A who presdes, and on every Judge
who sits here so that You may catch its Inspiration and
your prejudice, and that you may discharge your
whole duty in the fear Of that God to whom you appeal
II might such low, contemptiaDe consideration
the minds OF senators, II might be pardoned for
the very thought which makes me shrink back almost
that If you above those preudices east this clamor
away from your thoughts 90 your day IKE n e
Wow, 1t would make you stand higher win your own
Il MSSp for really it is beneath the dignity Of the
senate to entertain such thought for moment NO.
men treat y6n as sworn officers OF the law, and TINS
treating you, bansh all such thoughts from my mind,
before God and my country that you will try TO do your
duty tins case irrespective OF popular eanor and re-
and all Of us shall pass away Id Ironl ia tue scene scene
events Which now agtate the public mind shall almost
be forgotten trust that the after ages VIII LOOK Dack
with wonder and admiration, and with love- aud respect
which it shall have discharged It's duty in this case
trust Senator's that the result will be such as TO com
mand the appreciation not only Of your own conscienees
only Of the States which have the honor to repre-
than you are. and the appreciation Of posterity
which 1 have referred lBurrs trial speaking





he said that techacal term, and that II must DO
considered being employed IN the Constitution as 1t
was employed England unless the contrary proved
by the context unless IL Incompatible with other
parts the Constitution. He held that IL used in
the same In which IL used in England In the
statute OF Edward Ill, from which IL was borrowed.
Now the words treason bribery" "crimes," and
''misdemeanors" words Just familiar TO the
trainers Of the Constitution as they are 70 us One Of tho
honorable Managers made here show that
because DR.. Franklin in London at the time OF the
Warren Hastings trial. that had good deal ~ do with
the proper mode Of constituting the American COnsu-
ton on the subject Of the power Of the Justice.