Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1866-11-01
RUTLAND HERALD.
FRIDAY, OCTOBER 20, 1866.
Ca, the President be Impeached ,


President is the highest power under the
constitution and therefore congress as
subordinate power could not impeach
him for any acts committed by him,
that,his office was merely subordinate
branch OF the government ana c'ted 10
support of our article an extract from
the constitution, showing that he could
le impeached for crimes and misdemeaa-
trs, but in that article dwelt mainly up,
GA his liability to impeachment for
crane, committed by him since he was
elected to the Office Of President by the
bullet of the assassin, We now propose
10 show that he can he impeached for
asjsd'meaRoys in his conduct a. executive
by citing instances Of former impeach-
ments under the constitution.
Since the adoption of the constitution
there have been four impeachmeuts of
Federal officers, none Of whom Were i'm
peached or tried for offenses defined by
special law relating to such matters,
but simply under the provisions Of the
constitution. Those cases were:
First, william Bloupt U. s. Senator
rom Tennessee, who was expelled FROM
the Senate in 1899, by vote Of % to !,
Tor high misdemeanor entirely incOu-
sistent with his public duty and trust rs
Senator He was charged with hay
ing endeaVored 10 ALLEVIATE the affections
Of the Indians on our Southern frontier
rom their relations of friendship 10 the
United States and OF respect for our Of
ticers, and with instigatng them to aid
the British to conquer Florida which
was then held by Spain. Although the
Senate expelled him from their own
body, yet owing to the influence Of his
riends, he was not convicted on his trial
before the same body under the i'm
peaChment.
The next case was that Of Judge Pick
erng, of the United States District
Court of New Hampshire, who was i'm
reached by the House and tried before
the Senate 10 1908, for drunkenness and
profanity on the bench, and for refusing
10 enforce the revenue laws His de-
.ense was insanity, produced by excess
sive drinking-a defense that might be
Senate concluded that he was responsible
for the rum craziness' produced by his
own excuses, found him guilty and
removed him from office by vote of
20 to 6, all the Federals voting in the
negative aud the Democrats in the
affirmative.
The third case was that of Judge
Samuel Chase, of the Z. S. Supreme
Court, who was impeached by the House
in 1905, by vote of 70 to 80, and tried
by the Senate. Judge Chase was one of
the signers of the Declaration of Inde-
Dendence, a venerable old man, of pro-
.ound learning and pure morals-a
strong partisan Federalist. Throughout
the Revolution, however, he had been a
Jealous patriot, and had exercised pow
erful influence in Tedeeming Maryland
rom the power Of the tories He was
quick tempered, abusive and on the
bench inclined to arrogance At the
time of his trial the Senate was presided
over bv the Democratic leader, Aaron
Burr, then Vice President, and the prose
cution was strongly tinged with parti-
Zenship and unfairness.
Judge Chase was accused OF having
ruled unfairly and Oppressive}y at va
rious trials relative to admitting evil
dence, and excluding jurymen aud wit
nesses, pOstpOnements, and with making
to a grand jury an indecent and iulam
matory political harangue against GER
tain laws passed by Congress, thus pros
titutinG his high judicial character to
the low purpose Of an electioneerlng
partisan. Some Of the counts in the i'm
parchment received the votes Of ma
iority of the Senators for conviction, but
none Of them received a two. thirds vote, |
and he was therefore acquitted and re-
tanned his seat GU the bench during the
remaining six years Of his life. Yet this !
impeachment has exercised a vast and |
beneficial influence over the bench to |
this day, by causing judges throughout |
the country to avoid arrogance, and !
even the appearance Of harshness and |
oppression.
The only remaining instance OF i'm |
parchment was in the case OF Judge |
James Fl. Peck, of the United Stat IS Dis |
triCt Court of Missouri, in the years 1880 |
81. He was impeached by the House |
by vote of l23 to 49, for arbitrary and |
oppressive conduct toward lawyer |
named Lawless, whom he imprisoned |
for eighteen months for contempt of |
court committed by the lawyer in pub !
fishing sharp criticism on one Of Judge |
Peck's decisions. After six weeks |
trial before the Senate, he was acquitted |
by vote Of q for conviction to % for |
ac0uittal.
There is certainly considerable ''same-
ness between the charges for which the |
above cases were tried and the misde-
meanors which the President was
charged with by our Democratic neigh |
bors before he Swung around the cir
cle," and arrayed himself in opposition
10 the cause of human liberty and the
people who placed him in the second
Office in their gift, whence, by the inter
vention of the assassin, he was elevated
to his present position. Drunkenness
was the principal cause for which Judge
Pickering was arraigned, and will the