Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-10-25
Impea chment of the Preside MT.

the best terms you can with your conquerors with
out becoming pdrticipes crlmt,.ts
Impeachment of the President.
The direct promise made during the re-
cent canvass in Pennsylvania and Ohio by
candidates for reelection to Congress, and
their subsequent success. that they them
selves would draw bills of impeachment
against President Johnson, indicate very
clearly that there will be an attempt made
during the next session of Congress to carry
out their threat of impeachment, and that
the Radical leaders will resort to this e1-
IRENE measure to rid themselves of one
who stands in their way in their designs
upon the Constitution and the country
We hardly think the majority of Congress
are yet prepared for this violent course, but
it's frequent repetition on the stump and in
the press is evidently designed to feel the
Northern pulse and prepare those people
for it.
We published some days since, General
Buffers plan of impeachment, and being
a candidate for the Fortieth Congress, he
aspires, should the next session fail to do
SO, to obtain a victory in the Capitol at
Washington, boon denied him on the
field of battle. Wendell Phillips has also
arranged charges, containing six counts,
as follows
First Seeking to overthrow the Govern
ment of the United States.
Second. Corruptly using the power of
appointment.
Third. Declaring peace without the con-
sent of Congress.
Fourth Corruptly using the psrdoning
power.
Fifth. Failing to enforce the Civil Rights
bill.
Sixth. Completely in the New Orleans
riots.
The Radical leaders have progressed so
far i'll their purpose to impeach the Presi-
dent that they are now discussing the effect
of the mere presentation of the charges,
and the powers of the President pending
the trial. They seem to regard the effect
of the trial to be more than useless if Mr..
johnson is permitted to remain in posses
sion of his executive functions and as
Commander-in-chie of the Army and Navy.
Consequently, they have all come to the
by one course of reasoning or
another that as soon as the articles of i'm
parchment are instituted and presented to
the Senate, that body shall cause the Presi-
lent to be arrested and held subject to its
order, and in the interim, the presiding |
officer of the Senate shall exercise the func- |
lions as President of the United States
The New York World, commenting on |
this subject, remarks that the assumption |
is, that an officer under impeachmentstands |
in the same relation to the tribunal appoint
ed to try him that an ordinary criminal |
does to all ordinary court. Because court |
Of Justice never tries a criminal upless it |
mas custody of his person, it is inferred that |
the same rule holds in the trial of an i'm
peached officer by the Senate. The analo-
" fails in consequence of u total difference
in the liability of the person accused. The |
constitution declares that Judgment in
cases of impeachment shall not extend fur.
her than removal from Office and dis
qualification to hold any future Office. It
s not necessary for the Senate to have the
,ustody of the accused in order to infict
his punishment But an ordinary crimi-
lal on trial for theft, murder. or other
crime, is liable to be punished to positive
infections on his person. 1t would be an
die folly to go through the form of pass
ng a sentence of death or imprisonment if
he culprit was beyond the reach of the Off
ers of the law. A person impeached of
crime otherwise punishable than by depo-
ition from office, is also liable to the ordi-
larry penalties of the same crime by the
Judgment of the ordinary tribunals. The
having no other aim than
imply to vacate his Office, can accomplish
is purpose just as well without the custody {
f his person as with it. He is summoned {
o appear on the same principle that the Is
efendant in civil suit is summoned to In
ppear. If he stays away, he only valves
is opportunity of defence. An officer sum- Z
loned to appear and answer to an impeach- v
tent has these three alternatives, with per- Il
ct freedom of selection, namely: he may d
opear in person !; he may appear only by le
,unsel or he may decline to appear at f
/. LIN the case of Justice Samuel Chase, 9
the United States Supreme Court, i'm t,
cached in 1895, the Senate, after organ t,
ing as o high court of impeachment, adop- d
d the following as one Of lis rules of pro- o,
eding: a