Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-10-22
THE SUSPENSION OF THE PRES
IDENT,
a Leading Republican organ ON the
Question.

question.
From the n. Y. Evening Post, Oct. Is.
This question is gratuitous, or has prac-
tically little importance, because it Is not
likely that the contingency supposed will
ever occur we doubt, indeed, whether
the President will be SO much as impeach-
ed and we are certain that, if he should
be, Congress will engage in no such de-
batahle enterprise as that of suspending
him in the interval. In Its theoretical
bearings, however, the question raised is
not unworthy Of attention.
1t is an established maxim of law,
founded upon the wisdom and experience
of ages, that every man is to be presumed
innocent until he has been proven guilty.
Our whole Anglo-Saxon Jurisprudence is
perVaded by the spirit of that maxim.
It's very superiority TO the civil jurispru-
dence, as bulwark and defense of indi-
vidual freedom, and as a means Of elieiting
Justice, consists in this magnanimous and
tender regard for the rights of the least as
well as of the greatest of its subjects. The
meanest malefaetor, though he were caught
in the very act of robbing his ncighbor's
henroost, would yet, in the eyes of the law,
be deemed spotless citizen till his oifense
should be fixed upon him by regular pro-
cess of law. Now, are not public officers
entitled to the benefit of the same liberal
and prudent construction Are they to
be condemned first and tried afterwards?
Or, is the mere accusation of a crime to
be taken az conviction, and the criminal
be forced to purge his name at his own
cost and hazard, to escape punishment?
la 10 ha1 that Nnnrraaa
of the United States would enact such a
reversal of one of the most venerable and
accredited muniments of Justice.
But the objections to this proceeding are
not confined to SO general and philosophic
a consideration. 1t would be a palpable,
even fragrant, violation of the letter of the
law, as we'll as of the spirit The consti-
tution-we trust the writer in Harper will
pardon us for referring to an instrument
$50 precious to the apologists of rebellion"
as he avers-provides that the President,
the Vice President, and all civil officers of
the United States shall be removed from
Office, on Impeachment for, and conviction of,
treason, bribery, or other high crimes and
misdemeanors." That is, in the event of
any civil officer being regularly impeached,
regularly tried, and regularly convicted,
the penalty shall be his loss of his place.
No other penalty is within the competence
of the court of impeachment. Other courts,
the ordinary courts of law, may, on indict-
ment and Judgment, inflict other legal pun
ishments but judgment, in cases Of inn
parchment, is confined to removal from
Office, and disqualification. Yet, this scheme
for suspending the President proposes
nothing less than to inflict upon him, from
the outset-that is, before trial and convic>
tion-the very penalty that is provided for
him after trial and conviction. 1t used TO
be said of General Jackson, that he huES
Arbuthnot and Ambrister first and tried
them afterwards and that is precisely what
is urged in reference to President johnson.
He is to be removed from his Office first
and then he is to be tried, in order to find
out whether he has done anything that
merits removal. In other words, il is to
be assumed that he is guilty; he is to be
punished as if he were guilty, and then it
is to be investigated whether he is guilty or
not. Surely no American Congress will be
found to stultify itself in so obvious man.
ner and to such degree. On the contrary,
let US hope, that considering our financial
and revenue systems, it will discover some~
thing more important to pursue than this
peurile game.
But it will be said that the President is
not to be removed from Office" only
" suspended from Office" which is in effect
a mere play upon words, since the thing
meant is the same; but granting that there
is a real difference, We encounter another
difficulty. Who is TO carry on the Execu-
tive Department during the time of this
suspension? You will answer, perhaps,
the President of the Senate; but clearly
not for the constitution says that only in
case of the removal of the President from
office, or of his death, resignation, or in
ability to discharge the powers and duties
of said Office, the same shall devolve on
the Vice President" etc. But Mr.. John
son is not removed, as you allege; he is not
dead, he does not resign, he is not unable to
discharge his duties in any way he is only
suspended; and Suspension" is not con-
dition that comes within the clause of the
law. There must be, therefore, an inter-
regnum the Executive Department must
be vacated and all the while that Mr.
Johnson's trial is going on, which might
be for one or two years, the execution of
the laws of the United States must lie in
allegiance. Would not that be paying rather
dear for the whistle? Would it net make
Mr. johnson more friends than he has yet
had, ard so defeat the purpose of the at
tempt? Can we allow the energies of the
government to hibernate or go into winter
quarters during all that time? Assuming
Mr. Johnson's administration to be as bad
you like, it is yet not so bad as no admins
tration at ali. Better let him remain
where he is, as the constitution requires,
than enter upon an experiment so unwar-
ranted and hazardous as this which is re-
commended to us for no reason in the
world that we can see-that is, for none of
a public nature, or outside of the exacer-
bations of party.