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Not only did he, contrary to all that ever was deemed lawful in England, order that members of the Commons House of Parliament should be impeached of high treason at the bar of the Lords; thereby violating both the trial by jury and the privileges of the House; but, not content with breaking the law by his ministers, he went himself armed to assail it.
The New York Sun assumes that there is no such principle; that if there were, "Judge Hunt might on his own ipsedixit, and without the intervention of a jury, fine, imprison or hang any man, woman or child in the United States." And the Sun proceeds to say that Judge Hunt "must be impeached and removed. Such punishment for the commission of a crime like his against civil liberty is a necessity.
He was accused of being a "dictator"; he was called an "imbecile"; he ought to be impeached, and a new party, with Fremont as its leader, should be formed to prosecute the war. But through all this clamor Lincoln kept his peace and let the heathen rage.
Impeached, convicted, sentenced, driven with ignominy from the presence of his Sovereign, shut out from the deliberations of his fellow nobles, loaded with debt, branded with dishonour, sinking under the weight of years, sorrows, and diseases, Bacon was Bacon still.
Suffolk was impeached, and only saved from condemnation by submitting himself to the king's mercy. He was sent into exile, but as he crossed the sea he was intercepted by a ship of Kentishmen, beheaded, and his body thrown on the sands at Dover. Kent was the centre of the national resentment.
He caused those who served in the courts to be paid for their attendance and services. He weakened the power of the court of the Areopagus, which was opposed to popular measures. Assured of his own popularity, he even contrived to secure the pardon of Cimon, his great rival, when publicly impeached. The Athenians, in view of this danger, took decisive measures.
If the Commons impeached Hastings, all danger was at an end. The proceeding, however it might terminate, would probably last some years. In the meantime, the accused person would be excluded from honors and public employments, and could scarcely venture even to pay his duty at court.
But preliminary arrest and complete execution of the sentence remained in such cases at least legally possible, and were still sometimes carried into effect even against persons of rank; for instance, Lucius Hostilius Tubulus, praetor of 612, who was capitally impeached for a heinous crime, was refused the privilege of exile, arrested, and executed.
He dwelt upon "the infinite importance" of the implications of this case for the future of the Republic, contrasted the frivolity of the charges brought against Chase with the magnitude of the crimes of which Warren Hastings had been accused, and pointed out that, whereas in England only two judges had been impeached in half a century, in America, "boasting of its superior purity and virtue," seven judges had been prosecuted within two years.
Babberly displayed the greatest indignation at this answer to his question. "Is the fair fame of the men of Ulster," he asked, "to be traduced, is their unswerving loyalty to the Crown and Constitution to be impeached, on the strength of irresponsible scribblings emanating from a Dublin slum?" The office of The Loyalist is in a slum. So far Babberly was well informed.
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