The tri-weekly news. [volume] (Winnsboro, S.C.) 1865-1876, 1866-10-20
is just as free to appear by attorney as

Judge Story, in his commentaries on
the Constitution, describes at length the,
formalitles observedi in trials for impeach.
ment We cite the following passage
as corroborating the inferences we have
draws from the rule of the court in
Judge Chase's case: eff he" 1.-THE per.
son impeached1 "does not appear, in
person or by attorney, his defeult is
recorded, and the Senate may proceed
er parte to the trial OF the impeachment
lt'he does not. appear in person or by
attorney, his appearance is recorded" {
There have been, in all, four cases Of
impeachment SINCE the beginning of our
Government-namely, that of VIM.
Blount 1898; John Pickering, 1903;
Samuel Chase, 1905 and James III.
Peck. 1881. The law governing such
trials, asstated by Judge Story, is found
ed on the precedents furnished by these
four cases The argument of General
Butler. in support of the position of
Wendell Philips, that the President
must necessarily be suspended from off.
ce during the trial, falls to the ground in
the face Of this uniform usage. But.
even if the exploded assumption Of But.
Ter were correct, the taking of the Presi
dent into temporary custody would not
operate as suspension from office. If
he should be disabled for six weeks by
typhus fever, we suppose nobody is alb
surd enough to say that, he would cease
to be President during his Illness, and
that the President of the Senate would
be inducted into the executive chair.
The Government would, in that case, be
administered by the heads Of depart
ments. and papers requiring the Pres-
dents name would remain unsigned until
his recovery. .r y5'
That his Office could not be filed by
another person during his transient dis.
ability, may be shown by conclusive
analogy. Suppose Chiet Justice Chase
should be impeached. would his Office
he Vacant during his trial? If so, the
President could send to the Senate a
nomination To fll the vacancy. The
idea Of his doing SO is utterly preposter.
ous, The office cam only be vacated af
ter q conviction, and in consequence Of
asentence. a To make the Office vacant
is the only penalty which the Constitu
ton allows against an officer impeaclled
and it is absurd to suppose that punish.
ment can date from the accusation in.
stead of from the Judgment.
If I'VE were tohazard conjecture as
to the course Of the President, in. case
he should be impeached, it would be
that he would ohjectto the competency
ofthe court, and refuse to appear aI If
wien the law gives man tile benefit Of
twelve jurymen, an iniqnitons court
should attempt to try him before seven,
he, would refuse to,plead' The Const-
tlon gives an impeached officer The right
the'be tried by seventy.two Senators,
and requires two, thirds Of the number
to'convict. 1.-THE radicals attempt 10
try the President by 6ftytwo. he has a
right 10 deny the jurisdiction Of q court
otimpeachment so composed.
54IPV ,stt -Ea -->s 80 s>.----
Many years ago Horace Greeley
and Park Benjamin were joint editors
of a weekly journal. The hour for
going to press had come; the editors
were together in their room, and were
unexpectedly summoned for "more
copy" Surprised and yexed, they
looked at each other q, moment, sat
down to desks facing each other, took
up their pens and went to work. Af..
ter two hours hard work they COM