Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1866-12-06
amps.ehment Of the President.
The question of Congress impeaching

me questlon Oh OonSIess lnEVaChinS
the executive at its coming session is
one which for the past few months has
received considerable agitation at the
hands of the political friends and oppo-
nen,s Of the President, the one claiming
that Ne execu tive cannot be impeached,
evider sly thinking that he is not one OF
the people, but like king, being who
cannot err, while the other asserts that
he not only can, but should be impeach-
ed, and cite the Constitution Of the
United States for authority. That in
strument certainly grants power to Con-
gress 10 impeach any officer OF the Fed
eral government, and the question is,
in our mind, not one of possibility but
OF policy. The Richmond Examiner,
which by the way is warm advocate
of the Presidents reconstruction policy,
in recent number has the following
sensible remarks upon the legality of
impeachment, differing very widely as
will be seen from the views of Northern
Oopperhead journals upon the same SUP
ject
The FIRST inquiry is what the President
NAV be impeached for q? The Constitu-
ton says he may be impeached for mis-
demeanors. What is misdemeanor in
public officer? Any violation Of duty;
doing anything he ought not to do, neg
lecting to do anything he ought to do.
Any public officer is indictable for
misbehavior in his office-Ledford VS..
Thomas, 6 Modern R. SO. l Russell on
Grimes, 1877.
The general principle OF the parlia-
mentary law and the common law is
that any official misconduct is misde-
meanor
An interesting inquiry arises here. Is
it necessary, before the Senate can act
on q case of impeachment, that stat
ute law should have been previously
passed defining for what ofenses M
parchment lies? 1t is a familiar prin-
ciple that the courts of the United
States in other words, the United States
courts, exercise no criminal jurisdiction
derivable merely from the common
law.
Does the same rule prevail in regard
to the Senate of the United states act
ing as Court of impeachment Judge
Story in his Commentaries decides this
question in the negative. He says
mo one asserts that the power OF i'm
parchment is limited to statute otfenses."
. Story, p. 294, Section 1856.
not impeach the President for having a
red head, a mere arbitrary offense. But
all that you have to do, in order to i'm
peach, is TO charge some alleged viola
ton Of duty.
The practices OF the Senate, in the
four cases Of impeachment which they
have had before them, assumes a juris
diction to proceed without any previous
statuary enactments.
1t may be interesting to note what
Judge Curtis, an eminent member at one
time Of the bench of the Supreme Court
Of the United States, says on the general
subject
1.-THE purposes Of an impeachment lie
wholly beyond the penalties Of the stat
ute of customary law. The object OF
the proceeding is to ascertain whether
cause exhists for removing a public Off
Ger from Office, y A
cause for removal from Office may exist
where no offense against positive law
mas been committed, or where the lndl-
vidual has from immortality or imoecili-
ty, or NEUTRALITY-SUSPICIOUS., become unfit
to exercise the office - Curtis, History
of the Origin of Courts, 26l.
Practically, the President holds his
Office at the discretion Of a majority OF
the House OF Representatives and two
thirds OF the Senate. 1t may be as MIR.
Curtis suggests in another passage from
the one cited, that the trainers of the
Constitution only reconciled themselves
to the great prerogatives conferred on
the executive by making him removable
in effect at the will OF a majority Of the
House aud two-thirds of the Senate.
1t s said of the government Of Rus
sia, ibas it is a despotism tempered by
assassination. Our President may then
be defined an authority tempered by the
power OF impeachment.
The result Of our examination Of this
subject has been to give up the impress
sion that the impeachment power is
prerogative which places the President
in greater degree of dependence anc
insecurity than in our casual reflection
upon the subject we had previously sup
posed.
R,ruopp The Atlantic cable gives III