The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-10-22


ment sitting. In that case, it is true, you hs
been accused by the grand jury of ono county: h
tho present the whole body of the Commons q
Great Britain, by thor representatives, are you
accusers." 4 Hatsen, 295.
The trainers Of the Now York Constitution Q
A. ~. ~! held this view, for they couple to
Se1ner IN the same sentence impeachments an,
trial TN every trial on impeachment for Grim 3
or misdemeanors, the party impeached or indicted
shall be allowed counsel as in civil eotions." Art
prosecution Of the already known and established
law" 4 Com, .259. The judges were Of tn,
opinion, in Lord clarendon'a case, that the evi
oman indictment. 6 How, y. T., GA. Mr. Web
ster has well expounded the whole subject in hill
speech in defence Of Judge Prescott. Though h
this point are carefully elaborated and characteriz
cd by great precision of statement. Wobster,
Works, vol. 6, PIP. 513, 5l5.
1 nave dWelt The longer on this point because
many seem to think that q public officer can bf
impeached for o mere act Of indecorum. On tho
contrary coa oasin ne I'M must ,sh have Ss committed a true crime
law. OF the United States. AS impeacRment is
nothing but q mode Of trial, the Constitution only
adopts it ss 2 mode Of procedure, leaving the
the general rules Of criminal law.
A basis for q very important concession has now
been n laid. l. is this: As there are under the laws
only those which are contrary to some positive
statutory rule, there oan be no impeachment ex-
copt for a violation OF a law of Congress, or for the
commission of u crime named in the Constitution.
English precedents concerning impeachable crimes
are consequently not applicable. There was for a
long time a fluctuation Of opinion on the point
der the General Government, Justice Story lent
the great weight of his influence to the opinion in
favor OF their existence His discussion Of the
Hawleis Of the same opinion. Both Of these emi-
nent writer's admit that If there are no common
law crimes for which indictments can be brought,
fnGfA arr nnf0a N vuISnt ~, rn h~- - -,
stltuted. Mr.. Rawle is especially olear upon this
point .'The doctrine that there is no law Of crimes
excePs In sf founded in %statutes, renders impeach-
~ mentioned in the Constitution, treason and
bribery sI eIy until Congress- shall pass laws declaring
misdemeanors." (fsawle on the Constitution. D.
1cs, Ed. aSss; Story on the Constitution, title ''1ma-
States which arc not statutory, is fully proved by a
great number OF cases collected by Mr., Wharton
IN his work or criminal law, Though he dissents
: i:G shS sn dsc sssa;sasi IS ssf99 s J f tsst d L Is ssstle ID
the Senate, .as q court Of impeachment, should not
oe reg ; ? q as adverse to this view.
Chase, and Blount, only one-Piokering-was cor,
demned. His case was. heard er pnyte. ma he did
I not u aFR asn.I,,,s and a.. was decided by'a strict party vote.
concerned, the question in that court Is still opens
and should be- decided in accordance with prin,
icip!1le.
- Aco'iC 10, GnaI unleSs the crime iS specially
named IN thot Consultation, impeachments,5 like
indictments, can only be instituted for crimes com.
united against the statutory law Of the United
States. ~
y = r \ n
Suspension from Q6ace.-Can the accused be
suspended from office during tho progress of the
stiat ms subject is Of vast Importance in case
Of the impeachment Of Q President, as an asser-
ton Of such 2 power might lead to the utmost
confusion nj str"1a and, Per perhaps, e civil war,
Sion from OfticA on turn vrino;c1o
from the practice in England; I'd, from tho truo
CONSTRUCTION of the language Of the United States
'Thus far have been considered Offices held at
She pleasure OF the King. When the tenure is
hxed and permanent, the case is still stronger. In
that case, the Commons will not even vote to adj
dress the KING for removal from Office, though no
impeachment is intended. In other words, they
Will not In such gai case adopt o joint resoiution
asking for the removal of an unpopular and OBJ
hoxlous minister, not charged with crime, though
they'may ask for tho dismissai Of such q ministaT
rom Offices held ,at the Kings pleasure. This
distinction was strongly marked IN q discussion
How: s! y, 1o54) s.;afa
The Commons refused to address the King TO
EEemove the Duke from Offices in'which he had q
might be removed from Offices held at the Kings
pleasure. There was in tbis case no impeach-
m r; RAt. Immediately afterwards, having re-
fused on address for removal nom any Office.
There is good reason for the difference Of action
m the Two cases; where there is no charge Of
crime, the King may DO asked to withdraw his Ia
Yor; where o crime is alleged, the withdrawal of
patronage tacitly admits tho charge, and exposes
the accused 9 to q loss Of reputation, and may di.
suspension from Office under khe United
States C0nst ,tuLton. -Where an officer. like the
President, holds his office by q certain tenure.
the people, according to tho principles Of law have
Q right 20 his continuous services, OF which thew
i SanmSs He h Gs9 9fFsSSa before an1ssg his oGnviotion for an
the language of the Constitution which con2ers
the power Of suspension by express words or me-
ceessary implication. II the officer holds at the
5 SosnsasG be 81 ar iae aRpG re,noSad PSS v e. he e.. may, Of
a4iaiag the power OF appointment.
mere ~ no eynrese language in the Constitu-
ton conferringt the power Of suspension. There is
70 necessary implication, because 1t, has been
peach does not involve the power to suspend,
paiataihtA that the history ~ lie oons tt Sn,s, tho q
debates upon it, and contemporary documents,
studiously excluded. s. f
""What would be the effect OF political impeaeh.
ments upon our system Of government, it Is diff.
guilt to say; Al! analogy leads to the conclusion
ty, and that the trial should 30 proceeded nv the
qnYnistakable' verdict OF the people,. There ia pro.
fIonnd! wisdom in the remark Of that sound and
gam lawyer, Sergeant Maynard, that the trial and
moro upon people thar ten impeachments.' (2
cal tribunal tint, whether Justly or not, Il 1habors
under the inputation OF being moulded by faction;
while 1t is the strengthen o comnnon-law court that
hvoR66f9 iSs 1asinasas 4 sna imp N.Y. ppAuol IN
MEtR
A Secret Letter xrom Napoleom.
TaeI London Globe prints the following letter Of
Napoieon III, Awhich has never before been pub