The Sun.
London, England, 1868-04-08 00:00:00

71.1 E GREAT S7ATE TRIAL.

It has been more than once announced that
ANDREW JOHNSON, in case he found the trial going
strongly against him, would resign, and thus pre-
vent a sentence of disqualification. Although the
PRESIDENT is too obstinate to allow any considera-
tions to turn him from a course he has marked out,
it is worth considering how he could resign, and
what he would gain by the step. As we stated in a
former number, if found guilty, the Senate, as a
High Court, is, in the first instance, compelled by
law to remove him from office ; the " finding" de-
claring the charges, or a portion of them, proved,
necessarily carrying with it " deprivation of office,"
though not " disqualification," a sentence which, to
take effect, must be expressly inflicted by the Senate
sitting in its capacity of an Impeachment Court.
Justice Story, in section 803 of his Commentaries,
referring to the clause in the Constitution that
" the PRESIDENT, Vice-President, and all civil offi-
cers of the United States shall be removed from
office on impeachment for, and conviction of, trea-
son, bribery, or other crimes or misdeameanours,"
said, "It would seem to follow that the Senate on
the conviction were bound in all cases to enter a
judgment of removal from office, though it has a
discretion as to inflicting the punishment of dis-
qualification." " If, then, there must be a judg-
ment of removal from office, it would seem to fol
low. that the Constitution contemplated that the
party was still in office at the time of im-
peachment." At the same time that the com-
mentator disclaims the intention of giving a true
exposition on points which must be left to the high
tribunal constituting the Court of Impeachment,
his opinion evidently was that an officer could not
thus be tried who was out of oilice. Oth.r officers
than the PRESIDENT would require that their resig-
nation should be accepted, but there is no one com-
petent to accept the resignation of a PRESIDENT of
the United States. The case has, howeva, been
provided for by the Act of March Ist, 1792,
wherein it is declared " that the only valid resigna-
tion of the PRESIDENT or Vice-President shall be
by an instrument of writing filed in the office of
the Secretary of State." If, then, the PRESIDENT
desired to anticipate the action of the Senate, his
course would be to file his resignation with the
Secretary of State before the trial ended, and thus
prevent a sentence of disqualification. As every
one anticipated, the Bill prohibiting appeals from
the Circuit Courts to the Supreme Court was no

NO, APRIL 8, 1868.

sooner received back with the PRESIDENT'S veto
than it was passed by the two-thirds majority in
both Houses of Congress. This for the present
settles the question of the constitutionality of the
Reconstruction Acts, and it deprives Mr. JOHNSOM
of the chance of au escape from his present position
by stirring up the mud which might have been
afforded had the Supreme Court pronounced its de-
cision before this bill became law. That decision
was generally expected during last week, and it was
confidently predicted that it would pronounce the
Reconstruction Acts to be unconstitutional. The
question would then arise as to the particular case,
and, to meet it the Republicans, it was said, would
give the clause retrospective effect. The mode by
which the clause was inserted has been sharply can-
vassed, and Mr. Schenck severely blamed. He
introduced the bill, and while asserting that it
merely amended the Judiciary Act to which neither
side objected, it was quietly announced to him that
the effect of the amendment, Mr. Wilson of lowa,
bad induced him to allow, would be to remove the
M'Ardle case out of the Supreme Court,—yet,
having the confidence of the Democratic members,
he did not modify the language he had just used,
and they who did not see its bearing and put faith
in him, permitted it to pass unopposed. When at-
tacked for his share in the business he showed no
compunction, and could not see that any fraud had
been committed. Public attention, however, is
more generally directed to the objectionable legisla.
tion of Congress by which the Constitution is
altered in an unconstitutional way ; and this is a
matter of real concern to the country. Last Monday
Mr. BUTLER opened the prosecution before the
High Court. This bald fact is all we know ; for, of
course, as yet nothing has been heard here of what
he said. The Managers offered in evidence
copies of the original appointment of Mr. STANTON
as Secretary of War, and also President JoHNsori's
Message to Congress assigning his reasons for the
Minister's removal. Chief Justice CHASE, a Wash-
ington telegram informs us, claimed judicial power
during the trial, a claim disputed by the Impeachment
Managers and some Senators, but sustained by the
Court. On Thursday the Managers produced
witnesses to prove that President Johnson had tried
to remove Mr. Stanton from the post of Secretary
of War without the consent of the Senate ; and
also documentary evidence, that the President had
issued a Commission in conformity with the Tenure-
of-Office Act, as a proof that he admitted the
validity of that law. The community has settled
down to the conviction that Andrew Johnson's term
of office will soon be cut short. Though he is said
to maintain a confident demeanour, and to be
thankful that the belief in his downfal has relieved
him from the worry of unprincipled office-seekers—
these rats deserting the sinking ship are not a bad
indication of the result. The country does not
derive much comfort from contemplating his suc-
cessor. Glorious Ban Wade, it is considered, may
be a fine fellow in his way, but that way should
not lead to the White Hluse. Mr. Johnson's
counsel have completed their sketch of the plan of
defence, which has not transpired further than that
they intended last Monday to apply for a delay of
ten days. It was also believed that the Managers
of Impeachment would endeavour to get the addi-
tional Articles which bring up the President's
speeches withdrawn, as the opinion is strongly en-
tertained that they will give him the power to delay
the verdict. The real fight is now for delay ; the
result having almost ceased to be doubtful. All
along Mr. Johnson has been convinced that a
great State Trial would drag its heavy length over
months, indeed that skilful lawyers might spin it
out for an interminable time. It is on this point
that he is likely to be " sold," for the Senate are
well aware that the proceeding, if not expeditious,
is, in Mr. Johnson's case, worse than a farce.—An-
glo-American Times.