The home journal. (Winchester, Tenn.) 1858-188?, 1866-10-13
A PRESIDENT.
The Radical Programme Revealed.-Con-
gress to be the Supreme Power-Wh"t
we May Expect Next December.

y" .
gress to be the Supreme Power-WM
we May Expect Next December.
From the New York Independent, Oct 4.
Impeachment is resortcd to so rare
ly in our government that we have
thought proper to discuss some OF tn
points connected with it, which may
not be familiar to our readers.
In providing for the trial and pun
ishment Of delinquent public officers
the constitution OF the United State:
has borrowed from England the pecn,
liar process Of Legislative impeach'
ment. The House or Representatives
has the sole power of impeachment
and the Senate the sole power to try
impeachments. No forms or methods
of proceedings are prescribed by the
constitution, because the procedure is
quite aside from ordinary judicial pro
cess, and must vary to meet the n%ecessi.
ty of each case. AS the great Seldcn
says: "Thesc cases are to be ruled by
the law of Parliament, and not by TIC
common or civil law" The language
of the constitution is, "'Ihe President,
Vice President, and all civil officers OF
the United States, shall be removed
from office on impeachment for and
convictions of treason, bribery, or 9TH
or crimes and misnemeadors."
The House has been called, in this
connection, the grand inquest of the
nation, which it is in q parliamentary
way, not bound by the usages ofcourts'
but making it's own presidents. whcth
or justice and the public good requires
new methods. The House has been
been likened to a grand jury, which il
il in regard to the presentation ofchar-
yes, but it is also the public prosecutor
in the management ofthe trial. 1t is
not bound by any such rules as if its
determination to impeach was of the
nature of Il Judgment after trial ,,be.
cause, as Littlcton saith, This is not {:
House for definite judgment, but fol
lnlOfIltlloI VI PlSoo"1''N"' ~
therefore it is settled that "commol
fame isIa sufficient ground for order.
ing an inquiry, which may lead to i'm
parchment.
In Judge Samuel Cl,ase's case 1901 8,
the statement by MIR. Randolph that he
was convinced of the existence OF
grounds Of impeachment, led to the ap,
Oointment of q committee OF inquiry
The first committee was directed "to
inouire into the official conduct OfSam.
uel Chase, one Of tho associate justices
of the Supreme Court and report
whether he had 80 acted in his judi
cial capacity as to require the interpo,
sition of the constitutional power OF
this House." This was the It'll OF Jan
uary, 1904. On the 9th ofMarch, they
reported that they are of the sopinion
that Mr.. Chase "bc impeached of high
crimes and misdemcanors." Mr.. Ran
dolph and iMr. Early were appointed
.to 90 the Senate, and at the bar there
of, in the name Of the House of Repre-
~sentatiyes, and all the people Of the T.
nited States, sinpeach Samuel Bhase,,
etc., and to state that the House would
sin due time, exhibit particular arti'
cles of impeachment On the 18th :
committee, Of which John Randolph
was chairman, was appointed to pre-
pare articles, which were reported OF
the Goth, but not voted on until the
the next session. In December thu
five distinct articles of Impeachment
were scvcrally adopted by the House
and then seven managers were chosen
lp ballot to conduct the trial. The
Senate also adopted Il code of rules o
proceedings in case Of impeachment
so the trial went on, lasting from Feb
ruary /, 1905, to the LIST Of March fol
lowing. The result was a complete &C
xuittal, there not being atwO-third vote
of guilty on any one article.
The regulations and restrictions Al
to impeachment established by the con
s,itution are only these: The Senate i
to be under special oath in trying al
Impeachment; no conviction can tax
place without u vote of "two-thlrds o
the members present." and judgmen
shall not extend further than remova
from office and permanent disqualified
ton for office. All other details o
form and manner of procedure are LET
by the constitution to be determined
from time to time by custom, common
sense, the nature of the case, and pub
lie Justice, as the discretion ofthe Sci,
ate may prescribe, so as to do whatev
or Justice and the public good may re
nuirc, under control :of the genera
principles of our government. IN
completeness and finality Of this dis
erection is seen in the fact that llejudg
mcnt of the Senate, carried by a two
thirds vote, is absolutely final and ire
ycrsible, so that there is no longer an.
human authority which u revise til
iudgment or set aside the decree.
The prcrogative of impeachment is
in fact, the only absolute power know
in our form of government. The judy
ment of the Supreme Court is final onl.
az a decision of the case in hand, an
for giving that decisionthe Judges ma.
be ~impeached and removed. The Pres
ident wiclds "the executive power o
the government" without appeal .
control, except as the ''advice and coun
sci ofthe Senate is required in Gel
tain matters; but for any one Ofhis act
he may be i~mpcached by the House an
adjudged guilty by the Senate ola mis-
demeanor. and removed from office b.
a two-third vote. In addition. a
things now are, while we are withor
any Vivc President, the Senate wOul
fill the vacancy which it had made, tn
President of the Senate being ny la
the next in order of succession. A
act of Congress, passed by both hou'
es in concurrence, may be vetoed b
the President; or, if pass d by a two
thirds vote over the Presidents veto
IL u