The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-12-01

once II is his fault. If he cheat me twi3e It is
my fault No the plomptings OF selipreserve
tion the dictates OF political wisdom, the inspi-
ration of craftsmanship, all teach that it IS
better to have this great trial OF our Government
come in 1867 than postponed till l869-then to
be complicated with Presidential election, and
the question whether electors from Rebel States
are 10 dictate the choice of a President to the
loyal North, and also perhaps with foreign
Co control a free people. No! if that little bell
is to sound it is better that its tinkle be heard
now, when we have, and shall have for two
years, loyal majority OF more than twothlrds
in the Government to muffe its clapper. Such
contest, whenever 1t may come, will show
that the strength, permanehce, and safety of
this Government rest. not IN executive or eglsla
tive or Judicial departments, not In the army or
navy, but in the education, virtue, and intelli
gence of the whole people, priZing their liber
ties valung their free institutions, proud OF
their country as the great eXemplar to show
mankind that equal power, equal laws, equal
rights, and equal Justice are the true attributes
of democratic elective government"
A United states Judge Impeached by
Andrew johnson,
From the Chicago Tribune
The latest, and, from It's character, the gov
erning case of impeachment, is that OF West H.
Humphreys, Judge OF the District Court of the
United States tor the Eastern, Middle, and West
ern Districts of Tennessee. The House of Repre-
sentatives, at the session commencing Decem-
ber 1861, adopted a series of articles impeachug
Judge Humphreys, and on the 22d OF May, 1862,
the Senate commenced the trial of the said
charges. The articles Of impeachment were
seven in number. The first of these was TO the
| eGect:--
That, regardless of his duties citizen OF the
| Unit State p, and unmindiul of the duties of his
said office, and in violation OF the sacred obligation
| OF his official oath, the SAID West H. Hum
phreys, on the 10Th day OF December, A ID. 1860, IN
the city of Nashville, said State the said West H..
Humphreys then being q citizen OF the United
States STATE ana owing aegiance thereo % and then and
| Gay and year last aforesaid, held in said city of
Nashville and in the hearing of divers persons there
present. did endeayor, by public speech, to incite
revolt and rebellion within said Stale AGAINST the
Constitution and Government of the United states,
and did then and there publicly declare that 1t was
the right of the people Of SAID State, by crdl-
nance OF secession, to absolve themselves hom all
alegIau c. to the Government OF the United States,
| the Constitution and the laws thereof.
1t will be RENE bered that this man was
| Judge of United States Court, in State
| whereof Andrew Johnson was then Governor.
| de was impeached through the instrumentality
OF Andrew Johnson, and other citizens OF Ten
nessee. He was ippeached by House of
Representatives from which ten States were eX-
cluded. He was impeaChed by "a House OF Re-
prescntatlves in which he had no Representa-
tive, and in which only small portion of the
| people of Tennessee could be heard. He was
! impeached by "Rump Congre ssr--by a body
'hagning on the verge OF the Government" and
'calling itself the Congress ofthe United States"
! He was tried by Senate in which eleven States
had no members. He was tried by a Senate
! IRON which eleven States, entitled to twenty
two votes, were excluded. He was tried by
Senate which, had these twenty-five votes been
present, would not have convicted him. He was
| impeached by q House and tried by Senate
into cit her Of which no member from ten States
could have been admitted.
But what makes this casea stronger precedent
at the present time, is that the first article of
the impeachment is for speech, the sentiments
OF which were in contrayention of his official
duty. Upon this article the vote was unani-
mously "guilty." Upon most of the charges
| there were some votes of not guilty, and upon
| Dut
CHARGE of having made that speech he was con-
victed by unanimous vote. The Constitution
provides that
"The President, Vice Pr sident and all civil officers
of the United states shall be removed from Office
high crimes and misdemeanOrs."
The House of Representatives is invested by
the Constitution with the exclusive duty and
power of impeaching public officer. The
| Senate is invested with the exclusive duty and
! power of trying i'm. The House prepares the
charges; the Senate, sitting as Court, decides
upon the sutliciency of the accusation, and
whether 1T, if proved, constitutes treason,
bribery, or other high CRIME or misdemean or"
| They hear the evidence Their judgment is
| final, and the Constitution says that a convic-
tion by twothirds of the Senators present shall
| be sufficient.
In this case of Humphreys, who was i'm
peached, tried, convicted, and removed from
Office through the active agency of Andrew
johnson, the Senate decided that a speech
melting people TO revolt or rebellion aealnst
sworn to fidelity to both, was sufficient otfense
to sustain an impeachment therefor. This dec-
sion was rendered by unanimous vote of the
Senate. 1t follows, therefore, that no other act
of rebellion is needed. 1t does not require, for
instance, that Andrew johnson shall actually
march troops into the halls OF Congress, and
shoot down the members, or disperse them by
the bayonet, TO render him liable to impeach.
ment; 1t does not require that he shall actu-
ally issue orders forbdding the execution of the
laws. 1t is sufficient that he, as President of
the United States, sworn to preserve and pro.
tect the Constitution, and see that the laws are
executed, shall, in some public manner declare
his purpose thus to act and urge and Incite the
people 10 aid and assist him in these OF any
other acts for the destruction of the Govern
ment or any of its departments.
The precedent, which was not adopted hastily
or in passion is one resulting rom proceedings
instituted al the suggestion of Andrew Johnson.
that to which the President and all other civil
officers are amenable. The same Constitution
protected him that covers Andrew Johnson.
The House that was competent TO impeach hlm
is as competent to impeach the President or any
other officer. The Senate that was competent
to try aud convict him is as competent TO try
and convict any other civil officer. There is no
escaping the precedent OF this Humphreys case,
for which the country is indebted to Andrew "
Johnson.
The plea of Johnson's followers is that
speeches, no matter how revolutionary and re-
bellious they may be, cannot furnish legal
ground for impeachment. But the Senate, upon
a case forced upon them by Andrew johnson,
by unanimous vote, decided that such speech
by an officer of the Government, sworn to the
support and execution of the laws, was su1li-
cient to warrant impeachment, aud to warrant,
upon proof the conviction and deposition OF the
guilty official.