The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1866-10-18
The constitutional Power o
Impeachment.
From the New York Independent, October ~
IMPEACHMENT.

impeachment is resorted to so rarely
in our Government that we have tho't
proper to discuss some of the points
connected with it, which may not be
familiar to our readers.
In providing for the trial and pun
lishment of delinquent public officers,
the Constitution of the United States
has borrowed from England the pccu
liar process of Legislative impeach-
mcnt The House of Representatives
has the sole power of impeachment,
and the Senate the sole right to try
Iimpeachments. No forms or methods
lof proceeding are prescribed by the
Constitution, because the procedure is
quito aside from ordinary judicial
process, and must vary to meet theI
necessity Of each case. As the great
Seldom says, "These cases are to be
ruled by tho law OF Parliament, and
not by the common or civil law" The
Language of the Constitution is, "The
President, Vice President, and all civ
il officers of the United States, shall be
removed from office, on impeaC Chment
for and convictions Of treason, bribery,
or other high crimes and misdemean'
ors
The House has been called in this
connection, the Grand Inquest of the
: nation, which it is m parliamentary
way, not bound by the usagcs of courts,
but making its own precedents, wher-
ever Justice and tho public good re.
ouire new methods. Tho House has
been Iikened TO grand jury, which it
is in regard to the presentation OF
charges, but it is also the public prose-
cutor in the management of tho trial
t 1t is not bound by any such rules as if
&. its determination to impeach was of
, the nature Of judgment after tri Il !;
because, as Littleton saith, This is
not House for defnitivo judgment,
but for information, denunciaton, or
prescntment;' and therefore it is set
If lied that "common fame" is suffi
q cient ground for ordering an inquiry,
. which may lead to impeachment.
! In Judge Samuel Chases case,
o l8O4.5, the statement by Mr.. Ran.
>. dolph that lie was convinced of the
J. existence of grounds of impeachment
n led to the appointment of Committee
:, of Inquiry. The first committee was
- directed ito inquire into the official
W conduct Of Samuel Chase, ono Of the
SO Associate Justices of the Supreme
,r Court" and report whether he had ''sC
IS acted in his judicial capacity as 10 re-
quirc the interposiLion of the constitu
i tional power Of this House." This
8, was the 7th OF January, 1901 On The
\ 9th of March they reported that they
3 are of opinion that Mr.. Chase "be i'm
ID pcached Of high crimes and misde
IN meanors." Mr. Randolph and Mr.
h Early wcro appointed "to go to The
/. Senate, and at the bar thereof, in Tho
v name OF the House of Representatives.
(. and of all the people Of the United
= States, impeach Samuel Chase, &c
Ia and to state that the House would "ir
!" duo time exhibit particular articles o
20 impeachment" On tho 18Th, com
n. mittce, of which John Randolph wa
I'd chairman, was appointed TO prepar
of articles, which were reported on tn
40 26th, but not voted on until tho mex
k. session. In December the FIVE dis
ia tinct articles OF impeachment wer
is severalIy adopted by the House, an'
n. then seven managers were chosen b,
be ballot o conduct the trial. The Senat
O. also adopted code of rules of proceed
Ia ing in cases Of impeachment, and S
ut tho trial went on, lasting from Febru
10 ary |, 1905, TO tho 1st of March fol
M lowing Tho result was complet
le acquiital, there not being two
Of thirds vote of guilty on any one al
"a. ticle.
n The regulations and restrictions o
J., to impeachment established by th
az Constitution are only these The Sen
til ate il to be under spccial oath in try
C. ing an impeachment; no conviction
We can take place without vote OF "twc
Of thirds OF the members present." an,
Judgment shall not extend furthe
cd Than removal from Office and pcrmG
at nent disqualification for office. A
q. other details of form and manner {
lr. procedure arc loft by the Consttuto
at TO bo determined from time TO time b
Of. custom, common Sonse, the nature {
gh tho case, and public justice, Rs'the di'
)r' erection Of the Senate may prescribe
%" so as to do whatsoever justice and th
no public good may require, nndcr cor
troll of the general principles of ou
ve Government. The completeness an
70 fnalily OF tAis discreton is seen j
or the fact that the judgment Of Senat
TT. carried By two.thirds vote, is absC
- lutely final and irrevcrsible, 80 thu
at there Is no longer any human author
ch ty which can revise tho Judgment c
in set aside tho decree.
~ This prcrogative Of impeachment j
wv in fact, tho only absolute power know
or in our form of government. Th
he Judgment of the Supreme Court
final only as decision OF tho case !
hand, aud, for giving that very deci
ion, tho Judges may bo impeached an
rs removed, Tho President wields "tf
executive power of the Government
,ts without appeal or control, except I
nh the 'advco and counsel Of tho Senate
is required in certain matters; but f
any one of his actA he may bo i'm