The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-08-23

technical nisdemeanot under common or
statute law, but of arbitrary conduct in office,
which numerous settled parliamentary cases,
as well as American ones, make an impeach-
able misdemeanor.
The difference of time and place makes often
in law and reason, an essential difference in
the delinquency and punishment of an often
sive act, even by private citizen. The giving
the lie, in a street or a tavern, is breach of
good manners, and generally terminates in a
personal rencontre; yet it is not an ottense in
the law, but if the same indecorous expression
is pronounced in court of justice it is highly
penal. If man swears in the presence of
justice of the peace, he may be fined and COM
mitted. A blow given in the highway is a
mere misdemeanor, but if given in West
minister Hall it has been regarded as a species
of treason. II a citizen were to threaten Judge
on the street or in private roam for his con-
duct in court, it would only be subject to the
operation of the laws regulating individual
intercourse, but such threat in court would
be a contempt for which immediate commit
ment to Jail would be the penalty. Such
being the case with private citizens, it is also
the case that certain officials may not be at
liberty to act as base men without impairing
the dignity and authority of their offices, and
thereby undermining and bringing into con-
tempt the institutions of their country. judges
have been impeached and removed from the
bench in this country for getting drunk off the
bench as well as on. Unfitness for duty on
the bench because of drunkenness is an i'm
peachable, but not an indictable, offense.
Drunkenness off the bench is an impeachable
misdemeanor because of the degradation into
which it drags an important office, destroying
its respectability and usefulness.
The same reasons will apply to the Presi-
dent. The Executive Office, like that of the
king, never dies. The President cannot shift
it from his shoulders, and we have never
doubted the present inoumbents liability to
impeachment for numerous offenses against
the law and public morals. An Attorney
General has been impeached in England for
giving "wrong opinion" This would be
harsh if it were merely an error of judg-
ment; but it was not an error of judgment.
Like Stanbery's opinion on the Reconstruc-
tion laws, it was Intentionally perverse, and
the intent was a question of fact, to be de-
termined by the jury, just as malice is in
case of murder. Sensible men know what
an Executive means by his course, just as
they can trace the purpose of a criminal.
Who can doubt that the assaults made by
the President upon the Civil Rights law and
Freedmen's Bureau law, after they had been
passed by constitutional majOrities over his
vetoes, were impeachable offenses He was
bound by his oath to execute the laws in
good faith, instead of which he endeavOred to
excite the passions of the multitude against
/
and otherwise obnoxious.
In Wooddeson's ESSAY on the Law of
Parliamentary Impeachments," page 596, he
says:-"t is certain that magistrates and
officers intrusted with the administration of
public affairs, may abuse their delegated
! powers to the extensive detriment of the
community, and at the same time in manner
not properly cOgnizable before the ordinary
tribunals" and further on, at page 60l-2, he
continues, "Such kinds of misdeeds as pecu-
! liarly injure the commonwealth by the abuse
! thigh offices of trust are the most proper,
and have been the most usual, grounds for
this kind of prosecution. Thus, If lord
chancellor be guilty of bribery, or of
| acting grossly contrary to the duty of
his office; if the judges mislead their
| sovereign by unconstitutional opinions;
! if any other magistrate attempt to subvert
! the fundamental laws, or introduce arbitrary
power-these have been deemed cases adapted
to parliamentary inquiry and decision. So,
! where lord chancellor has been thought to
have put the seal to an ignominious treaty; a
lord admiral to neglect the safeguard of the
sea; an ambassador to betray his trust; a
privy counsellor to PROFOUND or support per-
nicous or dishOnorable measures or a conf
dental adviser of his sovereign to obtain eX-
orbitant grants or incompatible employments.
These imputations have properly Occasoned
impeachments, because it is apparent how
uLJle Ln6 ordinary LTlDunalS are CdlCulaJeu 10
take cognizance of such oifenses, or to investi-
gate and reform the general policy of the
! State"
Instead of the law favoring the doctrine that
public officer can only be impeached for an
indictable offense, it distinctly sustains the
opposite ground that impeachment is the re-
medy for official offenses which are not reme-
diable by ordinary course of law. The Duke
OF Buckingham was impeached for the pur-
chase and sale of Offices. Have we any Buck
inghams in this country Lord Finch was
impeached for unlawful methods of enlarging
the forest when assistant to the justices in
Eyre, for delivering opinions which he knew
TO be contrary to law, and for drawing the
business Of the court to his chamber. How
moderate and venal these offenses seem com
pared to the stupendous outrages to which
the American people have been subjected by
the President We confess we have never
seen the necessity for the extended examina-
tlon INTO his personal habits and delinquen-
cles which the Congressional Committee has
undertaken His public record convicts him
OF lmpeachable offenses enough under the
law to remove a score of Presidents.
General Grants Position.
From the Chicago Republican.
1t IS useless to deny that the acceptance
by General Grant of the Office of Secretary Of
war, even though it be temporary, has dis
appointed many of his most cordial friends
and ardent admirers. Here in Illinois we