Appomattox Court House

“ It is certainly true, that there is no power given by the constitution to either House to punish for contempts, except when committed by their own members. Nor does the judicial or criminal power given to the United States, in any part, expressly extend to the infliction of punishment for contempt of either House, or any one co-ordinate branch of the government. Shall we, therefore, decide, that no such power exists? ”

“ I, §§ 2 and 3 state that impeachment can be instituted only on recommendation of the House of Representatives and that trial can be held only by the Senate. To hold that judges can do what this Judicial Council has tried to do to Judge Chandler here would in my judgment violate the plan of our Constitution to preserve, as far as possible, the liberty of the people by guaranteeing that they have judges wholly independent of the Government or any of its agents with the exception of the United States Congress acting under its limited power of impeachment. ”

“ Neither Congress, nor the Executive, are authorized to determine the constitutionality and therefore the validity of their acts, or the limits of their jurisdiction under the Constitution, but the Supreme Court is so authorized, and it is the umpire before which all differences in that regard must be determined. It is the tribunal of last resort, save the people themselves, before whom both Senate and House, and the Executive, must bow, and its decision is final in the interpretation of the Constitution. ”

“ The first of these was the impeachment of Judge Pickering of the New Hampshire District Court, which was suggested by the President on the 3d of February and voted by the House on the 18th of February; the other was an address which Justice Chase delivered on the 2d of May to a Baltimore grand jury, assailing the repeal of the Judiciary Act and universal suffrage and predicting the deterioration of “our republican Constitution ... into a mobocracy, the worst of all possible governments.” ”

“ An act of Congress which proposed to adjudge a man guilty of a crime and inflict the punishment, would be conceded by all thinking men to be unauthorized by anything in the Constitution. That instrument, however, is not wholly silent as to the authority of the separate branches of Congress to inflict punishment. It authorizes each House to punish its own members. ”

“ Insidious because it undermines, order, while legislative murder and confiscation induce reaction.
If a legislative chamber would act as a court, the first necessity is to eliminate its legislative character. For example, the House of Lords in England has long discharged the duties of a tribunal of last resort for the empire, and with general approbation, but only because, when sitting as a court, the law lords sit alone. Politicians and political influences are excluded. Where political influences enter disaster follows. ”

“ The Appomattox originates in the Blue Ridge near Lynchburg, and flows one hundred and twenty miles eastward to the James, of which it is the chief tributary. It passes Petersburg twelve miles southwest of its point of union with the James, this union being at a high bluff thrust out between the rivers, with abrupt slopes and a plateau on the top, which is well shaded. Here is the house—the home of Dr. Epps—used by General Grant as his headquarters during the operations from the south side of the James against Petersburg and Lee's army in 1864-65. ”

“ The other Federal departments were in similar difficulties, and at last women and "carpetbaggers" were appointed. The Freedmen's Bureau, which had been established coincidently with the provisional governments, assumed jurisdiction over the negroes, while the army authorities very early took the position that any man who claimed to be a Unionist should not be tried in the local courts but must be given a better chance in a provost court. Thus a third or more of the population was withdrawn from the control of the state government. ”

“ Impotence to correct intensifies public sense of wrong, and compulsory submission to injury borne silently garners bitterness which in actual strife would effervesce. Only those who lived in the Southern seaboard and Gulf States during the long, stinging years that followed the surrender at Appomattox can understand why the names of Grant and Sherman stirred little enmity, when compared with the unfathomable execration and contempt aroused by the civil Federal vultures that settled like a cloud over State, county, and municipal treasuries. ”

“ A million of men were destroyed in the great American Rebellion, and after four years of the bloodiest civil war in history, the Stars and Stripes arose in all its glory at Appomattox, and fluttered again over the fort in Charleston Harbor, so nobly defended by the illustrious Major Anderson. ”

“ Negroes as organizing agents were inclined to go to extremes and for that reason were not so much used. In Bullock County, Alabama, a council of the League was organized under the direction of a negro emissary, who proceeded to assume the government of the community. A list of crimes and punishments was adopted, a court with various officials was established, and during the night the negroes who opposed the new régime were arrested. ”

“ But slavery was opposed to the spirit of our institutions, and while legalized by our Constitution and defended by armies as brave as ever marched to battle, constitutional slavery went down before institutional liberty; and Appomattox was the capitulation of the word of death in our Constitution to the spirit of life in our institutions. Every amendment of our Constitution marks the progress of our institutions. ”

“ Virginia and North-Carolina recommended, "that some tribunal, other than the senate, be provided for trying impeachments of senators," [122] leaving the provision in all other respects, as it stood. New-York alone recommended an amendment, that the senate, the judges of the Supreme Court, and the first or senior judge of the highest state court of general or ordinary common law jurisdiction in each state should constitute a court for the trial of impeachments. ”

“ The march to Appomattox was over the battlefields of Spotsylvania, and Appomattox was only the culmination of the courage and carnage of those fields.
It was the conspicuous characteristic of both the Union and Confederate armies that their courage was alike invincible; defeat could not quench it; it shone with additional splendor amid the gloom of disaster, and no soldier on either side need blush to have borne a part in any one of the great battles of the Civil war, whatever fortune may have decreed as to its temporary result. ”

“ When sitting for that purpose, they shall be on oath or affirmation. When the President of the Confederate States is tried, the Chief-Justice shall preside; and no person shall be convicted without the concurrence of two thirds of the members present.
[USA] Judgment in Cases of Impeachment shall not extend further than to removal from Office, and Disqualification to hold and enjoy any Office of Honour, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. ”

“ The rights and liberties which citizens of our country enjoy are not protected by custom and tradition alone; they have been jealously preserved from the encroachments [p7] of Government by express provisions of our written Constitution. [6]
Among those provisions, Art. III, § 2 and the Fifth and Sixth Amendments are directly relevant to these cases. Article III, § 2 lays down the rule that:
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury, and such Trial shall be held in the State where the said Crimes shall have been committed ”

“ Acquittal of Pickering would probably be fatal to the impeachment of Chase, and would also proclaim that the people could not protect themselves from misbehavior in their judicial servants. On the other hand, conviction would violate the deep principle of law and justice that an insane man was not responsible for his acts, and not amenable to any earthly tribunal. Virginians like Randolph and Wilson Cary Nicholas, or John Breckinridge, were ready to make a precedent which should fix the rule that impeachment need not imply criminality, and might be the equivalent to removal by address. ”

“ To set up the new order army officers were first sent into every county to administer the amnesty oath and thus to secure a "loyal" electorate. In each State the provisional governor organized out of the remains of the Confederate local régime a new civil government. Confederate local officials who could and would take the amnesty oath were directed to resume office until relieved; the laws of 1861, except those relating to slavery, were declared to be in force; the courts were directed to use special efforts to crush lawlessness ”

“ Congress also has authority to establish a system of federal courts, which includes the power to protect the judiciary against obstructive acts. See U.S. Const. Art. I, § 8, cls. 9, 18 ("The Congress shall have Power . . . To constitute Tribunals inferior to the supreme Court" and "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers") . The long lineage of the obstruction-of-justice statutes, which can be traced to at least 1831, attests to the necessity for that protection. ”

“ There he can be called and tried and punished, but not here while he is President; and after he has been dealt with in that chamber and stripped of the robes of office, and he no longer stands as the representative of the government, then for any wrong he has done to any individual, for any murder or any crime of any sort which he has committed as President, then and not till then can he be subjected to the jurisdiction of the courts. Then it is the individual they deal with, not the representative of the people. ”

“ The working of our affairs, which brings around the session of Congress at a time fixed by law—not at all determinable by the will of the President—exposes him to the grand inquest of the people, which sits upon his crime, and, by his presentation and trial before the great Court of Impeachment, in the course of one week—nay, in scarcely more than one day after its coming into session—both stamps this act as an usurpation, and dispossesses the magistrate who has violated the Constitution. ”

“ The amendment to the constitution proposed by Pennsylvania seems to be founded upon the idea that the federal judiciary will, from a lust of power, enlarge their jurisdiction to the total annihilation of the jurisdiction of the state courts, that they will exercise their will instead of the law and the constitution. This argument, if it proves anything, would operate more strongly against the tribunal proposed to be created which promises so little, than against the Supreme Court, which for reasons given before had every thing connected with their appointment calculated to ensure confidence. ”

“ The question in this case then is whether the constitutional guarantee of a trial by "jury" necessarily requires trial by exactly 12 persons, rather than some lesser number—in this case six. We hold that the 12-man panel is not a necessary ingredient of "trial by jury," and that respondent's refusal to impanel more than the six members provided for by Florida law did not violate petitioner's Sixth Amendment rights as applied to the States through the Fourteenth. ”

“ By statute and by the Fourteenth Amendment, Congress had refused to recognize the complete validity of President Johnson's pardons and amnesty proclamations, and all Confederate leaders who wished to regain political rights had therefore to appeal to Congress. During the Forty-first Congress (1869-71) more than three thousand Southerners were amnestied in order that they might hold office. These, however, were 289 for the most part scalawags; the most respectable whites would not seek an amnesty which they could secure only by self-stultification. ”

“ The proceedings, too, in the impeachment and trial of a high minister of state, were always very imposing and solemn. The impeachment must be moved by the Commons, and tried by the Peers. A peer of the realm could be tried by no inferior tribunal. When the Commons proposed bringing articles of impeachment against an officer of state, they sent first a messenger to the House of Peers to ask them to arrest the person whom they intended to accuse, and to hold him for trial until they [Pg 181] should have their articles prepared. ”

“ But there is no provision, as the constitution originally was, from which it can be inferred that civil causes in admiralty were to be tried by a jury, contrary to what the framers of the constitution knew was the mode of trial of issues of fact in the admiralty. We confess, then, we cannot see how they are to be embraced in the seventh amendment of the constitution, providing that in suits at common law the trial by jury should be preserved. Cases under twenty dollars are not so provided for. ”

“ In other words, do they authorize the judiciary to substitute its judgment as to a matter purely political for the judgment of Congress on a subject committed to it, and thus overthrow the Constitution upon the ground that thereby the guaranty to the states of a government republican in form may be secured,-a conception which, after all, rests upon the assumption that the states are to be guaranteed a government republican in form by destroying the very existence of a government republican in form in the nation. ”

“ He spoke of the Federalist, and of the article written by General Hamilton on the impeaching power:
"'A well-constituted court for the trial of impeachments is an object not more to be desired than difficult to be obtained, in a government wholly elective. The subjects of its jurisdiction are those offences which proceed from the misconduct of public men; or, in other words, from the abuse or violation of some public trust. They are of a nature which may, with peculiar propriety, be denominated political, as they relate chiefly to injuries done immediately to society itself. ”