The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-11-25

and all all the devices Of stssecrsn WIN ia % they a.
ways under like conditions have failed Even The
hocG universal freedom, has not and will not accom-
pltsh H. Universal education, the common school and
the church, the only bases upon which tho
south can be safely and permanently reconstructed
let The school house arise In her hamlet and pre-
c,nct free TO all black and white alike; scattering its
blessings upon allupon the loyal and dsloya--bovnti-
n and broadcast like the dews Of heaven on tho lust
and unjust The church will follow the school fos-
teng mother and the seeds Of religion will Call on
stony ground where learning has upturned the mind
heart by her benign influences Let nothing hinder
this method OF reconstruction All others are temporary
expedients which will fail and fortunate 1t will be Sor
the country II they do not fan in anarchy and bleod
This alone ~ safe and eternal Let not be told that
there Is no power gwen by the constitution Congress
educate the people Of these conquered territories
If The A6wer is not In the Organic law, put it there
ana "a once. hut deny the proposition. Adequate
power he now in the constitution from necessity
because of the very instincts of se,fpreseaton Nay
II ls there in words:-"Congress shall have power
provide for the common defence and general welfare
the United States.n lCheers.) Let no traditions OF
government; let forms of law: circumlocu-
tons or statecra any of the clogs of dead pas,
prevent the education Of the Southern people Urged
by the warnings OF history plead as for NV hfe for
this the only OF the this greatest
and n II fail this last experiment OF freedom happi
ness Of the people, untrodden by despotsm With the
wailing cry OF him who the ark OF safety forever
disappearing in the wbrling waste OF waters pray
the intelligence and Christianity OF educated people
ing downward the course OF our country. to follow
the long ranks of buried republics, TO guide in
uinmpbai march, onward! upward, forcverl
VIGILANCE NTa;RiTS ALSO NECESSARY
WIN these 80 great safeguards he sufficient without
that vigilance integrity the people which shall
watch and the first dangerous encroachments Of
Executive powcrs Nothing can be more fatal to liberty
than the sess careessness which passes UNDECIDED
the first steps Of nsnrpaton All history teaches that
despot has seized the liberties Of people
until the people amarized by frequent illusions
10 its possibility
THE GREAT CRIME OF SUGGESTING THAT DICTATOR
POSSIBLE IN THIS COUNTRY
Whoever then shall suggest the possibility that the
form OF our government may be changed and that
"kng'' dictator may seize the liberties of the
people, commits great crime and m,sdemeanor
free q iucmtt tl,o
intelligence and virtue Of the people to sup
pose that thing possible. The Roman law is said
not TO have contained any penalty against a
child killing his parent because by making provision
against horrid crime the law would suppose parr-
constitution punish the declaration that any
man by the use OF the patronage of the and
liberties and make himself either king or dictator but
the crime Of undermining the confidence and affection of
the people 10 their institutions s not therefore less and
all the greater when IL emanates from high official posi-
on The hope, wish or thought OF the posi- bity pub
licly expressed by any officer Of the government civil
military, that he could become the tyrant Of the
people. under whatever name, IN ben0ns offence for
which the constitution has provided and conserva
tive remedy
MPEACRMsxr ESTABLISHED A REMEDY FOR UsuRPArIov
AND NishrHsvioR IN OFFICE.
born ~ revolution snrnrng nom ,hs 81 e ~
a king aud irresponsible Ministry avaling them
selves Of every safeguard OF British freedom declared
in Magna Cbaa added thereto frequency election of
the Chief Executive and the legislative branch the
State; but, mindful that the Roman Consue although
they became dctafors conforming the maxim that o
king could do no wrong, and impressed with the fact,
were not angels or grace carefully provided for
patton OF power and all msbehavi0r In office the great
constitutional, conservative remedy Of impeachment and
removal Cheers)
JUDGE HUMPHREYS MrrAcHED THE
sEtRssIOS.
The last and most interesting OF impeechmept
the present jDcure that of Judge Humphreys Of
Tennessee upon the complaint OF Andrew Johnson in
in June, 1852 Cbeers The charges against Hum.
phrcys, Of which he was unanimously found entity by
the Senate that at Nashville, the Goth day Of De-
and there publicly declare that Il Mas the right OF
the people Of said state by the ordinance o secession to
abso,ve themselves from asv,ance 10 the government
Of The United States, the constitution and laws thereof
Among the articles 0f impeachment against Humphreys
was charse that . Confederate Judge after the
sion OF Tennessee he had decreed the conhscaon Of
the property Of Andrew Johnson Upon THE charge he
wac acquitted.
that u speech may be an impeachabe offence. Every
Senator ihirty-eght in number, democrats included,
officer In public meeting before The war advocating
secession, was high crime and misdemeanoI But
Judge Humphreys only advanced publicly the right of
secession which had been advocated the South for
thirty years by Calhoun and his disciples How much
would have been saved 10 the country IL the first uterer
Of II bad been impeached, What lesson is taught
that the first utterarces az officials dangerous liberty
and Law should he promptly punished however high
fall lCheersI
ANDREW JOHNSON rsrorrEp TO DENY rHr
p0wgR 0f CONGRESS rSryAcH Nm
Andrew johnson complainant In this case 80
that he is concluded by IL TO deny first that an i'm
proper public speech Of high official is impeachabls
Second, that a House of Representatives from which
eleven States excluded Is not constitutional House,
with the power Of impeachment and thai Senate
tntiopnf court 10 try and determine impeachment
Humphreys, when summoned before the Senate refused
TO appear and was tried and convicted In his absence
50 that andrew Johnson the complainant and every
democratic Senator OF that day. and majority OF the
by their votes aud under their solemn oahs upon
every disputed question that would possibly arise upon
an impeachment Of the presden, of the United States,
save one, which will directly discuss Iet W. re-
peat, the President House and senate have solennly
committed themselves TO the proposition that Hcuse
from which the representatives OF eleven States
cuded s constitutional House for the purpose Of an
impeachment Of high officer Of the United States.
ADVOCATING AZ eSi1wfrL ACT HIGH omAK, WORTHY or
That the advocacy by . high officer NJ the United
states unlawful proposition in polisicai speech IL
sufficient ground Of impeachment Therefore TIA, mere
words sufficient without sny overt act, IN the nc.
cused neglecs or refuses 10 appear before the senate
when summoned. he may be tired, convicted and de-
posed from ONCE Ia his absence tCbeery) The ouly
rcnsiniDx question NOT settled by shis prevalent ~
p~achment bring the offender before IL and suspend
or remove him from odice during the iralf Now, II
WAS familiar histbly that the Commons or England,
when they impcsrbed any person moi a peer OF the
realm TOOK him INFO custody Of their sergeant AIMS
.s soon ~ The inpcschment was determined upon in
that body, and delivered the prisoner over stl
tody, 10 the House Of Lords, when the articles Of i'm
peschmen we're placed before the peers, m Ssche-
vsrils case mpcsrhed for preaching sermon, held
him TO ball. a. In seymours Tho accused persons
being prison were, ~ conrve suspended from the
cre 81 thsr omcml functions question srose however,
whether whom peer OF the was rnpesclcd no cnuld
before trial he suspended from his in the House
OF lrdA This IVES denied by the Lords and asserted by
the Commons, ~ " would te msnifestlv inn
proper for ofcer 20 exercise the duties ~ his Office
while being tried for high and misdkmesnors To
provide against such controversy in the iutur. our
constitution II 10 declared that 'Tbc President Vice
President and all other civil officers may la removed
from once upon impeachment for and convection Of
treason bribery aud other nigh and msdeinean.
ofs " the officer could only be removed suspended
from The eneise ~ his once upon unvicton thai being
against the custom OF Psrlsment ~ would have been
expressly % enacted in the constitution hut the exact
contrary are The words of the constitution the officer
hsing remoS able upon impeachment for and
~ high crimes and nirdemeanors" snd the higher the
chlref the more reed that he shall be removed from
oh- est he shall by influence corrupt both witnesses
AMI 1udses, and that u possible.
"N iHk rEi,L of A. isrsAcnsEsr ~ coSprcrxn.
NAY not he unintersst ng TO observe that Nv tho
Ll-l. - 49,. -. l.