Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1866-12-14

suspend the functions Of any civil officer I'M
der impeachment during trial. There is moth
ing said in the Constitution in regard to the
exercise of the official functions of the Pres.
ident pending the trial Of impeachment, but
this was left, as in England. to the high ri
bunal before which the officers should be
tried. In most cases tried before the House
Of Lords, the parties tried have been sus-
pended; but this has not been the uniform
practice. The enactment Of well-defned
law will settle the question"
The fact is, we think, that the presidents
in this country have all been the other way,
no officer ever having had his official func-
tons suspended pending trial by impeach-
ment, or until he had been proven guilty 1t
viii therefore be a delicate thing for Congress
to attempt to set up English precedents
against the uniform practice, which we sup
pose was commenced in the U. S. in 1898,
and continued until the rebellion.
But has Congress the power to pass a bill
like that above described AS to the absolute
removal Of the President the Constitution it.
self provides, and Congress has nothing to
do about it except lst, that the House is to
impeach, and 2nd, the Senate is to try the
case and award judgment Removal, on I'm
parchment and Conviction, follows by virtue
Of Art. H. Sec. 4, which is in these words:
1.-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, or other high
Crimes and Misoemeanors
Removal, however is not the thing con-
templated by the above described bill, but a
Suspension Of the Presidents powers, while
on trial for Impeachmeht-snd therefore a
temporary suspension, in case he shall not be
found guilty. There Is nothing in the Con-
stitutiou directly bearing on this point except
clause five of Art IL, Sec l, which is in
these words:
:" In case Of the Removal of the President
from Office, or Of his Death, Resignation, or
Inability to discharge the Powers and Duties
of the sad Office, the some shall devolve on
the Vice President, and the Congress may by
Law provide for the Case Of Removal. Death,
Resignation, or Inability, both of the Presi-
dent and Vice President, declaring what OFF
Ger shall then act as President, and such Off
Ger shall act accordingly, until the Disability
be removed, or President shall be elected 4"
1t is clear that the trainers Of this clause
contemplated the possibility Of case Of tenn
porary Inability" or Disability :" and
that, in case both the President and Vice
President shall be in this condition, Congress
may declare who shall temporarily discharge
the duties of the Presidential office This is
the only power clearly conferred upon Con-
gress in this matter. There is no provision
stating what body shall declare the temporary
Inability or Disability of the President In
ferentially it would seem that Congress mus
inquire into the disability Of both President
and Vice President, because it has the right
in that event to designate the officer who shall
act as President and the argument Of the
trainers of the bill alluded to must be, that
the greater includes the less that as Com
gress must necessarily decide as to the ina
! bility Of both officers so it may Of one only.
And yet no specific power is given to Con.
gress except in case Of the disability of both
Officers. 1t may be well a,ked-lf the fra.
mers Of the Constitution Intended to have an
officer suspended while on trial for impeach-
ment, why did they not so provide?
1t is curious case of what is called " con-
struc'ive power" and implying vast latitude
in Congress. 1t is to determine what is " dis
ability" OF " inability and there is no con-
ceivable limit to such power. ANY impeach-
able otiense; or drunkenness, such as was
exhibited in March, 1865 or gross indeoency
to coordinate branches Of the government,
such as was exhibited in 1866 or treachery
to the people, such as la. been exhibited by
the President and is proven by comparison
Of his speeches when candidate with his
action as President; all, or one of these
things. or many other things, may be declared
sufficient proof of inability" or d" disability"
This might be run into questions of etiquette,
or good taste, and some day or other we
might find finical House of Representatives
framing articles of impeachment against an
other Abraham Lincoln for his broad Jokes,
VI tAuAotNlhS BSnuihC III rough
but good Western " horse sense In fact
the thing might be "run into the ground. -
We confess that we do not wish to see Con.
gress assume any doubtful power, or force
their friends to any fine spun arguments to
defend impeachment and removal, or a tenn
porary suspension of the powers of the acting
President. We do not wish to have Congress
put upon its defence, and it is not best to
have it so. If the President has committed
any high crime or misdemeanor, any clearly
Improbable ofense, or if there is reasonable
ground to suspect it, let it be inquired into
but we would have no attempt at impeach-
ment except upon grounds clearly good, and
such as will receive the approval of the loyal
American people and of the civilized world
With two-thrds Of Congress ready to over.
ride ahy unwise action of the President, and
to hold him il need be to a strict accounta-
bilty, it seems to US there is little danger
from the President; so little that both Con.
gress and the People can afford to bear a
great many things if they be simply disagree.
. ahla and wait nationtlv for ra1,af ia 81, a..