The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-11-27

ID
on any former occasion, probably growing out OF
the ftct that upon apparently reliable Information
the majority report Of the judiciary committee
will favor tho adoption of articles OF Impeachment
Your correspondent has no positive evidence INA!
any of the committee has undergone d change OF
opinion since the statement of the chairman Mr.
Wilson, at the close of the July session, 1ronl
which it appeared that five members opposed ano
four favored impeachment; but to-mgnt IL ls
unqualifadly asserted that Mr.. Churchill, OF the
committee, has changed position, and will to.mor-
row concur with Messls. Boutwell,, Williams
Lawrence ,and Thomas, i'll their report recon-
mending that Mr.. Johnson BE- impeached. Inls
intelligence comes from such source as 10 en-,
title it to attention, and is generally crediteu
by correspondents who have heretofore be-
lieved Mr.. Churchill would join III the report
against impeachment. 1t is known that the nm
peachers have strained every point during inc
past three days to induce Mcssrs. Churchln ana
Woodbridge TO give way from then former posi-
tions. and there is some reason for believing they
have succeeded as to one of these members; never
theless no one expects the House to adopt articles
of impeachment whatever may be the report VI
the committee, for the result OF dillgent canvass
ing by Republican members show nlnety-slX votes
as almost certainly opposed to the measure, whilst
the impeacher5 themselves only 0aim forty-three
votes on their side in the House. influential Re
publicans are iudustriously working among mem-
bers to defeat the project. ard II ls conhdentv as
serted tonight that the House, Immediately alter
and if the Senate can be induced to consent, the
adjournment will be to the second OF December,
thus leaving the impeachment matter undecided
SUSPENSION OF THE PRESIDENT PENDING 1MPEAcH-
MENr-opINloN OF HON. REvERDY JOHNSON ON
DISABILrTY-THE STEVENS PROPOSITION DEMoL-
IsHED.
Hon. Reverdy Johnson has prepared eli appcll-
dix 10 his last pamphlet on ''The Dangerous Condl-
ton of the Country" which conclusivcly answers
the Stevens proposition that the President can be
suspended during the pendency OF impeachment.
Senator Johnson, in that appendix says:
:.'Since the first edition Of this pamphlet, the
writer has been informed tha. some OF the men,
bers of Congress profess to be OF thc opinion that
that body can by statute declare that pendency OF
an impeachment Of the President shall constitute
disability, OH his part to perform the functions
of his Office
"It is supposed that by such legislation he may
be brought within the meaning of the clause In
the first section of the SECOND article OF the Con-
stitution which provides for his removal for,
amongst other causes, his inability to discharge
the powers and duties thereof.
1.-The answers to the proposition are several and
conclusive:
Il. The clause does not contemplate mere
suspension or temporary removal. The removal
provided for in such case is the same as that which
is to result from conviction upon impeachment,
or from death, or resignation, which, OF course, Is
not temporary but permanent one. Inc re-
but is followed by tho further judgment Of dis
qualification to hold any other Office under the
Government.
"It will hardly be maintained that Congress can,
by statute, createa greater punishment than ibis,
or make it less. The subject was evidently not
designed TO be submitted to the discretion OF Con-
gress This being so, for the same reason Con-
gress is not entrusted with the power to declare
any other Judgment In the case OF removal from
inability, than the one which is to ensue the hap
pening Of either of the other events mentioned III
the clause.
go. The inability mentioned is such all lnabili-
ty as renders the President permanently incapa-
bic of discharging his duties. Any other lnterpre-
taton would give to Congress the authority to
provide that temporary absence from the seat OF
government, or temporary sickness, or any other
event should constitute an inability. There ls,
also, no judicial judgment to be pronounced in
such case The removal, as in the case OF death,
or resignation, IL to take place the moment the
contingency happens, and the duties of the office
deyolve upon the Vice-President.
"3 AS the Judgment, Oh impeachment, inhicts
no personal punishment, as the trial may 60 on as
well without as with the presence In tho senate OF
the President, and as that body has no authority
to compel his attendance, it Is obvious that he Is
lust as capable during the trial to perform the du-
ties of his office, as he is before or after judg-
mept of acouittal Under the power to pass all
laws necessary and proper to execute the powers
granted no such authority as the one in question
belongs to Congress- no legislation being necessary
to effect the object Of the clalse-tlat being ac-
complished the moment tho event occurs OF an
inability within the constitutional meaning OF
that term"
THE FINANCIAL QUESTION IN CONGRESS.
We take the following from the Washington cor
of the New York Herald:
The financial question will no doubt, be the
leading one in the forthcoming dehberahon OF
Congress, and one upon which more diversity OF
sentiment will be expressed among members OF
Tie Radical party than the public Is prepared to
expect Several distinguished Senator's IN Conyer
sation this evening evinced Il wavcring disposition
Oh the score of maintaining views with which they
have been hitherto identified IN favor OF paying the
principal and interest of the national debt cxclu-
s,iyely in coin. 1t s reported that there are more
members Of the Senate than have publicly express:
cd Themselves in favor Of tho policy cnunclated
by Ben. Butler. Secretary McCulloch's plan of
contraction is opposed by ono prominent Senator,
and his policy OF accommodating geld in the TreaSu-
nv is denounced By another. There is much
stress laid on the construction OF Tic law relating
to the payment OF the principal OF the live
twenties, and when tho question comes up
for discussion 1t may be anticiDated, from
the present temper III which the matter Is /, dls-
cussed. that Ecny changes of opinion will be
wrought in Tie views Of ,nosl members who still
adhsre 10 the idea of lquidc..ings tho eonls rn!-
."-inly in gold. Tho imitation of the currency Dy
the ressue 81 the restricted legal tenders appears
to some OF the Senators project That need excito
no apprehension, the argument peinS that liners
is much distress and inconvenience resultih9 lron'
the present system OF contraoIion nrd ot ,Yorl
terested in the finance question arc nara at WORK
elaborate speeches III exposition Vi
their particular views OF the ali-abccrhlng topic
Rem. Wade. as he walks thoughtfully and alone
from his hotel TO the Capitol, occupies his mlnd
with the monetary problem to the exclusion OF OF
almost every other. He belleyea the legitimate
payment OF the fve-twcnties should be greenGccss;
and to an impressive explanation OF tins position
he is now developing his meditations.
THE PROPOSED DIVISION OF TEXAS.
Thad. Stevens Texas Bill will be in Keeping
with his notions of the power; OF Congress, lie
first proposes that the present State OF Texas shall
he divided into three or four States. He is at pre-
sent deeply interested in studying up the geogra-
phy of that remote region in view OF announcing
what shall be the boundaries OF those new States.
For their government he designs that Congress
shall prepare their constitutions, which Will be III
accordance with the Radical views OF keputican
iorm He is extremely anxious that the matter
be taken up at once, as he is deslrous that the
constitutions be submitted to the pooplo within
the limits of each of the States, and that they
NAV determine whether they will accept them OF
not. Mr. Stevens manfests some sOllcltCde III
hurryng up this measure, and II the popular voice
be favorable to the new regime proposed lie s III
favor of immediate admission. His anxiety seems
to be based upon an accession OF strength TO the
the Radical cause 10 be thus gained. He
argues that during the war large increase oi
the negro population OF the present State OF Texas
has taken place. Ii this be the fact the creating
of three or four new States through the nstru-
mentality of the negro vote will materially
strengthen the power of the Radicals, as it is ma
turally expected that the representation in Con-
gress from these summarily created States Will DC
up to the extreme point of Radicasm. Ar. Ste
vens has not yet written the bill to affect these
ends, but proposes to take hold of it as soon a.
the impeachment pressure has somewhat abated
Mr.. Stevens says he will not attempt to make any
speeches.; but it is quite evident lie vi not b.
wanting i'll supplying abundant material to feed
the volubility OF the House. He aso:talks of ma
king a raid on the Senate before long. He cOnsi-
ders their expenses ont of all proportion and hints
that some action should be taken i'll the matter.
THE PRESIDENT AND THE CONSERVATIVES.
The correspondent of the New York Sunday
News says:
The President to-day declared to prominent De-
mocratic leaders that rs soon as his message i,
sent to Congress- he will be i'll situation to NEE.