The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-02-04
IMPE PEAcHMENT.
THE Father OF the Constitution on the
Impeachment Of the President.

no mistaking that the public opinion which sus-
tanned the war against the Rebellion, reelected
Abraham Lincoln, and vindicated the Thirty
Ninth Congress by a majority of nearly half
million of votes, has finally come to the conclu-
sion that unless he should anticipate and con-
Cifate destiny, impeachment will be made the
imperative duty of the two Houses.
The aristocratic agencies are everywhere
naturally alarmed at the prospect, because
Andrew Johnson has become their most useful
and most willing instrument The foreigners
who encouraged the Rebellion, and prayed and
paid Tor the overthrow of the Union, are horri-
ned at The probable success of measure which,
while furnishing new proof of the ability OF
thls Government to protect itself, removes the
last and most efficient element OF a conspiracy
in which they had so largely invested. But the
representatives OF the American people are mere
not simply to reject European advice, or to
reflect American opinion.
With due respect to what is indeed, a double
admonitlon and instruction, it IS their duty to
take no step not clearly invited by the facts and
Bus aimed by the letter and spirit OF the COnsti
tuition. And hence the reference of General
Ashley's resolution of inquiry into the alleged
violation of trust by the acting President to the
Judiciary Committee of the House was the very
best initiative 1t is of the first and last import
ance that the question should be settled, whether
such an example as that OF Andrew johnson
shall be allowed TO run INTO a ruinous precedent
or shall be so rebuked as to be made con-
spicuous admonition to after times. Tue
numerous attempts to embarrass and to intlm
date the investigation would undoubtedly pre-
vail, if they were not feeble copies or similar
attempts whenever the constitutional authori-
ties deemed ii right to resort to the strong hand
10 rescue the common liberties.
If we discard all this false logic and these
puerile threats we shall soon discover that the
mode and manner of impeaChing a President of
the United States is astOnishlngly simple; and,
although the subject has not yet been formally
discussed IN Congress, it may be safely assumed,
alter the very general interchange of opinions
among the masses, and the very general review
OF the matter by the newspaper press OF all par
ties, that if cause is found, the work of impeach
ment will be peaceably and etfectually consum-
mated. The Democratic leaders have committed
another fatal mistake IN seeking to find warrant
in the Constitution and IN the eXpounders OF the
Constitution for their unreasoning opposition to
impeachment; and their blunder, too greedily
initiated by the recent Rebels, adds new count
TO the indictment against the latter
The slightest examination shows that If any
men should hesitate or should treat with defe-
renee the proposition to arraign taithless
Executive, they are the leaders who claim to be
the especial guardians and defenders of the Con-
sututon of the United States And if Andrew
johnson himself in his new role of exclusive
champion and interpreter of the fundamental
q law, is only halfhonest, he will bow before the
decree OF the accepted authorities, the fathers
4 OF the Constitution, and admonish his supporters
\ OF the trap into which they have fallen. 10 eX-
plain what we mean, we direct attention TO the
third volume of Elliott's Debates on the Federal
4 Constitution IN tie Virginia Convention OF l78S.
4 James Madison, the leading writer of The Fede-
!. Tlist, was member of the Virginia Convention
called for the purpose OF considering the ma
tiOnal Constitution, of which he was chief
iramer and advocate. During the Convention
which prepared the national Constitution, he
kept full private notes, afterwards published by
order of Congress, and ever since regarded as
infallble authority.
When the Constitution was submitted to the
respective States for ratification, the arguments
of Madison carried conviction to doubling
minds, converting even Jefferson by their clear
1 ness and cogency. The Virginia Convention
assembled in June of 1858, with Mr. Madison as
the acknowledged chet of the party favorable
to the ratification, assisted by Marshall, Pen
dletOn, Edmund Randolph, and others, and op-
N posed by Monroe, Grayson, Henry, ana Mason.
This array OF intellectual giants subjected the
IL Constitution to terribly searching analysis.
Their words, carefully taken down at the time,
Y are now preserved among the archives OF the
nation, and control statesmen and constitu-
tional lawyers as completely as the protoundest
opinions Of the greatest judicial minds. 1t was
after this memorable Intellectual struggle that
IL the Constitution was ratified by a vote OF SO to
10 When the second section of the second
article of the Constitution was under cOnsidera.
ton, very interesting and thorough debate
took place. That section is as follows:-
Section 2. The President shall be Commander-in-
CnleI of the army and navy OF the United states;
and Of the militia OF the several states when called
require the opinion in writing of the principal officer
ject relating the duties of their respective oces
and ne s6 nave PSwer & ned a n
cases of impeachment.
The opponents of the Constitution, alarmed
at the extraordinary powers conferred by this
section upon the Executive, threw their whole
force against It, George Mason was particularly
-. apDrehensive lest a corrupt and taithless EXecu
tive might abuse the prerOgatives here 80 gene
rously bestowed. He cOntendCd that the Presi
dent fought not to have the power OF pardOning
because he NAV frequently pardon crimes which
were advised by himself" at may happen a
some future day." said Mr.. Mason, that he will
establish monarchy and destroy the republic
If he has the power OF granting pardons before
indictment and conviction may he not stop in
ouiry and prevent deteCnonY' Now mark tn
language IN reply to these weghty objections
employed by the Father of the Constitution
James Madison OF virginia.
"Mr Madison, adverling to Mr. Masons obecuor
IN the Presidents power Of pardonng, said il wou
he extremely improper 60 vest II In the House of Re
pTesentatiVes and not much less so TO place in tn
Senate because numerous bodies were actuated NOR
or less by passion, and might, in the moment of ver
Reance forget humanity. II was an established praC
such cases IL was found says he that two differe1
SESSIONS before ZACH of hch the question came wit
ISsFe Governed precisely by different sentiments In
one would execute with universal vengeance, and th
oiher would extend general mercy.
'iTaRRE rs ONE SECURITY IN THIS CASE TO WHO
GENTLEMEN MAY NOT HAVE ADYERTEDi II I'll
fE6sLDEHT % sE ES S'T pERsoti AND IF THERE BE AN
Iy GROUNDS TO BELIEVE HE WILL SHELTER HIM. TIL
T8FY CAN RENfoVE HIN If FOUND GUILTY
THEY CAN SUSPEND HIM MhFNI S9HHS66ESIOdd,Th S6EI d,hI ~
AND The POWER MInI M5LIi II y AZ sIJsPEcTF @
ALSO. HE MAY LIKEMIS BE SUSPhNDE
UNTIL HE BE IMPEACHED AND I'D KEMOSH SHt, ~
PoRAHY APPOINTMENT. THIS Is A GHEA
EECUR1TY."
10 1t any wonder that these words, from Il
illustrious Madison, conquered the oolecto
OF Mason and Henry4-the same by whom u
leaders of the late Rf,hellion iuatidpd themselV