Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-11-29
Special Dispatch to the Baltimore Sun.
FROM WASHINGTON.

Suspension of the President Pending I'm
peachnent-Opinion of Hon. Reverdy
johnson DisabiIity-Thc Stevens
Proposition Demolished.
WASHINGTON, Nov. 2l-Ron Reverdy
Johnson has prepared an appendix to his
last pamphlet on 'The Dangerous Con
dition of the Country which conclusively
answers the Stevens proposition that the
President can be suspended during the
pendency Of impeachment. Senator Ohm
son, in that appendix, says
"Since the first edition of this pamphlet,
the writer has been informed that some of
the members of Congress profess to be of
the opinion that that body can, by statute,
declare that tendency of an impeachment
Of the President shall constitute disabili-
ty, on his part, to perform the functions of
his office
cit 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 constitution which provides
for his removal for, amongst other causes,
his inability to discharge the powers and
duties thereof.
"The answers to the proposition are
several and conclusive
"The clause does not contemplate mere
suspension or temporary removal. The re-
moval provided for in such case is the same
as that which is to result from conviction
upon impeachment or from death. or re-
signation, which, of course, is not tempo
rary but permanent one. The removal
on conviction is, also, not only permanent,
but is followed by the further Judgment of
disqualification to hold any other office I'M
den government.
'It will hardly be maintained that Con-
or f,f1 70 to,,
ishment than this, or make it less. The
subject was evidently not designed to be
submitted to the discretion of Congress-
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, that the one
which is to ensue the happening of either
of the other events mentioned i'll the
clause.
2. The inability mentioned is sucl
an inability as renders the President per
manently incapable of discharging his du
ties. Any other Interpretation would give
to Congress the authority to provide that
temporary absence from the seat of govern
ment, or temporary sickness, or any other
event, should constitute an inability
There is, also, no judicial Judgment to be
pronounced in such case. The removal
as in the case of death, or resignation, is
to take place the moment the contingency
Happens, and the duties of the office in
stantly devolye upon the Vice-President.
So. AS the jugdment, on impeachment
inf1icts no personal punishment, as the tria
may 60 on as well without as with the pres
ence in the Senate of the President, anC
as that body has no authority to compe
his attendance, it is obvious that he is just
as capable during the trial to perform the
duties of his Office as he is before or after
a judgment of acquital. Under the power
to pass all laws necessary and proper tc
execute the powers granted, no such author
ity as the one in question belongs to Con
gress, 10 legislation being necessary tc
effect the object of the clause-that being
accomplished the moment the event occurs
of an inability, within the constitutions
meaning of that term. DATA.