The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-10-10

peached) "does not appear in person or by at
tOrney, his default is recorded, and the Senate
may proceed PT pd1fe to the trial OF the impeach-
ment. II he does appear IN person or by attor-
ney. his appearance Is recorded
There have BEEN in all, four cases of inn
peachment, since the beginning of our Govern.
ment, namely, that OF William Bount, 1893;
John Pickering, 1903; Samuel Chase, 1906: and
james H. Peck 1881. The law governing such
trials, as stated by Judge Story, is founded on
the preCedents furnished by these four cases.
The argument of General Butler in support OF
the position of Wendell Phillips, that the Presi-
dent must necessarily be suspended from office
during the trial, falls TO the ground in the face
OF this uniform usage. But, even il the exploded
assumption OF Butler we're correct, the taking
OF the President into temporary custody would
not operate as a suspension from Office. II he
should be totally disabled for six weeks by
typhus fever we suppose nobody is absurd
enough 10 say that be would cease to be Presi-
dent during his Illness, and that the President
of the Senate would be inducted into the EXccu-
tive chair
The Government would, in that case, be admin
istered by the heads of departments, and papers
requiring the Presidents name would remain
unsigned until his recovery. That his Office
could not be filed by another person during his
transient disability may be shown by con-
elusive analogy. Suppose Chief Justice Chase
should be impeached would his Office be vacant
DUNG the trial? II so, the President could
send to the Senate a nomination TO fill the
vacancy. The idea of his doing so is utterly
preposterous The Office eau be vacated only
a1Jer u COnV1CJlOn, ana IN consequence of q SEN
tence. To make the Office vacant is the only
penalty which the Constitution allows against
an officer impeacbed; and it is absurd to sup
pose the punishment can date from the acCusa-
ton instead of from the Judgment.
If the President is acquitted, the filing his
othce by another person during the trial would
produce strange confusion. The new President
might appoint new Cabinet. He might break
OIL negotiations in progress with foreign powers,
de might revoutloniZe all the offices of the
country by a sweeping prescription and new
appointments. When the acquitted President
returned to his station, he might find il impos-
sl6le to 1elnstate his deposed subordinates by
the refusal of a hostile Senate to confirm his
appointments. General Buffers assumption is
therefore, as absurd in its consequences as it is
untenable in law.
If we were to hazard q conjecture as to the
course OF the President, in case he should be
impeaChed, it would be that he will object to
the competency of the court and refuse to ap-
pear. II, when the law gives a man the benefit
OF twelve jurymen, an iniquitouS court should
attemptto try hlm before seven, he would re-
fuse to plead. The Constitution gives an i'm
peached officer the right to be tried by seventy
two Senator's and it requires two-thirds OF the
number to convict If the radicals attempt TO
try the President by hfty-two, he has right to
deny the jurisdiction OF a court of impeachment
so composed.
For Chief Justice Chase to preside at the trial
of the President would be also a great iniquity
although in conformity to the letter OF the Con-
stituton. The President of the Senate presides
in all trials OF impeachments with the single
exception that the ChieG Justice takes his place
when the President Of the United States is fried
The reason which has always been given for this
exception is solid and conclusive. 1t is that
the President of the Senate, being the consttu-
tiOnal successor of a deposed President is an
interested party and therefore unfit to conduct
the trial. This objection applies in all its force
to Chief Justice Chase. Contrary to all former
example, to all sense of fitness to all the deco
rum which beseems his great office, the Chief
Justice is a candidate for President, as Mr.
Johnson's successor. His success In reachIn g
the Presidency depends on excluding the unre-
presented States from participation in the cleo
ton; and the deposing of President johnson is
thought by the radicals a necessary step to their
| exclusion. With this great stake in the result,
Chief Justice Chase is totally unit to preside at
| the trial. His friends ought to blush for him il
he consents TO act in that capacity.