Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-04-12
QDblo Statesnrar1.
The Threatened impeachment.


The Radical Plot TO DepOse the Presi--
dent-AtrOciOus Charges Against the
President, ETC., Etc. ,,.-.. i. t,r,. g .
[From the Chicago T'ibuns, Leadns Editoriar,
mn Tng - March 3l.l .f s..,..,...r
We have full sense of the deep respon-
sibility that attaches to the public journal
or official, that would discuss the above
question calmly but thoroughly and fear
lessly. But it is now the underlying ques-
tion In rejecting minds, and therefore must
soon be the great issue of the hour. The
Constitution, Art. III, Sec, ~, declares
that "the President, Vice-President, and
all civil officers. of the United States, shall
be removed from office on impeachment for,
and conviction of, treason, bribery, and
other high crimes and misdemeanors."
Treason against the United States Is defined
as consisting in levying war against them,
or in adhering to their enemies, giving
them aid and comfort. Andrew johnson
has not yet levied war on the United States,
though his leading organs, the Constitutional
Union, National IRtelligencer, Neto York
World, Herald, aud Nelos, Chicago Times,
have all urged him to do 80 by Crom-
wellian attempt to disperse Congress. But
has he not adhered to the enemies of the
United States, giving them aid and COM
fort, and this not only morally, but legally?
This question divides Itself into two others,
viz First, Whether the United States has
at present any "enemies," or whether the
late rebels still occupy toward the Govern
ment the legal relation of enemies which
they unquestionably did occupy for several
years. Secondly, Whether, If so, the Pres
ident has adhered to them in their capacity
as enemies of the country, doing that which
tended to give them aid and comfort and
| kl,ns, NlaV
er of the Confederate armies does not of
itself make peace. Otherwise, our Gov
ernment should have issued a proclamation
of peace Immediately on the surrender of
johnson, Taylor, and Kirby Smith. But
every war does something more than sub
due armed forces. 1t settles disputed ques-
tiOns and determines the rights OF the
parties. And until those settlements are
| embodied into law, there is not yet state
| of peace, though all hostilities have ceased.
| Where the war is between two belligerents,
| both of whom continue to exist after the
war is ended, the laws into which the ques-
| tions settled by the war are embodied, are
called treaties. But where, as in our own
case of civil war or rebellion, the contest
was between the United States and apOr-
| tiOn of its citizens, there can be no treaty,
because the organization known as the
|
ed to exist, and there is no organized hostile
Government left with which to make
treaty. Whatever questions have been set
| tied by the war;. therefore, must be embod-
| led into the claws of the United States"
and for greater permanency and security
| should be embodied into the Constitution of
| the. United States wherever the Govern
ment of the United States shall so desire.
! Until this is done, peace is not established,
but there is mere cessation of hOstilities
| The legal status OF the country is still tn 1t
of war. The legalstatus of the late rebels
| is stillthat of enemies-subdued enemies
| but not citizens, in any other sense than
they were throughout the rebellion. The
Administration, in all its departments, has
! publicly and officially recognized the fact
that, though hostilities are suspended, the
state of the country is still state of war
The President has recognized the estate Of
war; as still existing, by maintaining
martial law and a suspension OF the hdbedS
corpus throughout the Southern States. AS
he cannot, by the Constitution, suspend the
| hdbedS corpus, except when in cases OF re-
bellion and invasion the public safety may
require it, his continuance of the martial
law and the suspension of the hdbeds corpus
Is an official recognition of the fact that
a state of rebellion, and therefore of war,
exists. He still maintains in the service
about 10000 troops, all Of whom enlisted
only for the war, and who if the state OF
war had ended would have the right to
disperse without orders and go home. He
informs General Howard relative to the
present act establishing the Freedmen's
Bureau, which by its terms was to continue
one year after the war, that said year has
not yet commenced to run, and thatthe war
has not yet ended and will not until the
Issuance of proclamation of peace"
Soldiers are quartered on Southern proper
ty without the consent of its owners, an act
which the Constitution forbids to be done
In time of peace. The President exercises
his military powers as Commander-in-C Chief
of the army in appointing and removing
State and city officers, over whose status in
time of peace he would have no power.
He dictates to Southern Conventions and
Legislatures what laws they shall and shall
not pass,and fthey pass laws not acceptable
to him, he, through his Generals, iOrbids
all courts to execute them-acts which in a
state of peace would be intolerable usurpa-
tions. Nay, il it be true that the country
Is not now in state of war, then the Presi-
ident is plainly liable to be impeached for
every one of these violations of what the
/ LConstitution would require of him in a
state of peace, We think it is plain, there
fore, that notwithstanding the suspension
of hostilities, the present state of the
country is held by the Administration it
self, and is in fact one of rebellion. ~
The Administration has further informed
us when this state of war will end, viz
when the States shall be'fllly restored to
the Union by the action of Congress. Such
are the words of Secretary Seward in his
letters OF last summer to Sharkey, Marvin,
and other Provisional Governors. But if
in the meantime the legal status of rebel
lion and war exists, though with suspen-
ltsion of hostilities, 1t follows that we must
be at war with somebody, and that those
with whom we are at war, though fighting
has ceased, are still rebels and enemies.
There can be no war without an enemy,
and the mere fact that the enemy has ceas-
ed to fight works only cessation of hostil-
tiles, not an end to the state of war. If we
are then in a state of war, as the Govern
menG assumes, who are our enemies Not
the organization known as the Confederate
States of America, for that has ceased to
exist. Not the organized armies lately
4 commanded by Lee, Johnston and Kirby
Smith, for they, as organizations, have
ceased to exist. Not the State Govern
ments of the various States which formed
the Confederate States Of American for
they have ceased to exist. Those who oe-
eupy towards us the legal status of enez
mics are therefore all that portion Of the
Southern people who engaged in the rebel
i lion or gave it aid and comfort. If the
state of war does not end, as the Admins
| tration itself assumes, until the States have
been restored To the Union with thh con