Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-10-01
For the Spirit ofJcfcrson
THE LAW OF IMPEACHMENT.

With the permission of your readers, who
have taken au interest in the subject, pro.
pose to take a little further respite to Peter
in the Hole, and generally to the antiquities
Of this place, that NAV say few words on
the subject which heads this letter, and which
is daily becoming one of greater and greater
Importance in the estimation of the people of
the whole country.
The Berkeley Union in its last issue gave
the first instalmcnt OF an article on the law of
impeachment written by Judge William Law
renee, Of Ohio, and the first published in the
September number of the -1mcricaa Ld,J
Register. The Register is an admirable mag
azine. 1t is made up of important cases aud
decisions in the highest courts of the differ
ent States. These are in each number pre-
ceded by an essay on some leading subject of
a legal character. Hitherto these essays have
been marked by great ability and unobicc-
tionable spirit. The writer's have dealt philo-
sophically with general principles and have
remembered that general principles are COM
prehensive truths drawn from multitudes of
decisions on the constitution and laws of the
country, and not improviscd, unauthorized
aud one sided arguments made to suit special
cases. Judge Lawrence has forgotten, or dis
regarded all this. Perfectly conscious of the
constitutional requirements for case of i'm.
parchment; perfectly conscious that the con>
duct of the President has supplied none of
these, his article. which should have been
dispaSSionatc essay shedding light upon the
whole subject, is a sophistical argument, in
which much important truth is suppressed,
and much important law miSquotcd and mis-
interpreted. to prove, that nevertheless and
Notwithstanding. he Is impeachable. tits true
the Presidents name does not appear, but the
\ 4
ca>sible to the public, and to it we appeal if
cur resume OF its tenor and evident purpose
is not truly described.
The constitution says that ''tho President,
Vice President, and other civil officers OF the
government shall be removed from Office on
Impeachment for, and cony iction OF treason,
bribery, OF otheE high crimes or misdemean-
oTs. Now this is simple enough. If the
President, or any other civil officer has been
guilty Of treason, bribery, or other high
crime or misdemeanor," he is liable to im~
parchment, and il convicted. TO removal from,
office. That is true, says Judge Lawrence,
but the Impeachment: sections Ut our consti-
tuition have been borrowed from the constitu-
tIOn of England, aud must be interpreted, not
10y English municipal law even, but by the
!ec Pgrt'GmcMtGTtd. Further on he says.
that impeachab!c high crime or misGe-
tion of any positive law. And finally, that
the Senate--to which there is no revising
courts the sole ju lge Of what is Il high
crime or misdemeauor, and may SO consider
whatever III their estimation amounts to NAL
administration.
Now all this 1 utterly deny. In the ~
mer.can sense, England has no Constitution
and while the doctrine cf parliamentary su-
prcmacy exists, can have none. 1t is cons
sttu;onal to-day for Queen Victoria to be
Protestant; but it was equally constitutional
for Mary to be Catholic; and tor William
III, to be neither the one or the other. The
writ OF hdGeGS COrpUS, guaranteed by What is
called the British Constitution, was suppress
ed by bill, the three readings of which took
place in one day, all Of which was no doubt
perfectly constitutional. And yet we are told,
by Judge Lawrence, that the trainers of the
Constitution of the United States, not only
copied our impeachment law from the Con-
sttution Of England, but ordained, that it
should be intcrpretcd-not by the ordinary
rules OF legal iutcrprctation-bu by the Ter
DgriiHmcHidrid. Judge Lawrence seems to
forget, that while in England, the parliament
is unrestricted and omnipotcnt, its own will
being its constitution, however variable that
will may be, here we have written coustitu-
tion, which controls, or perhaps We should say,
ought to control the different departments of
government within their well defined limits
But the Ger pGriiGmcJfuTiu Do Your
readers know what that is ! Is il the law of
parliament, regularly proposed, seconded, vo-
ted on, passed, and signed by the sovereign
Nothing Of the sort. ltis-ireely, but pretty
faithfully trauslatcd-thc whim Of parlia-
ment, aud transFllntcd into this country.
would be the whim Of Congress. And it is
this, which Judge Lawrence says. is to in-
tcrprct the constitution of the United States
in Impeachment eases. Oh, | deny it. Now
a-days when it is maintained that it is consri-
tut'onal to violate the constitution for the
sake Of the constitution. nothing should sur
prise US. But we are assured that no section
OF the people. within whose bosoms there re-
maiuS single spark of the holy fire of pa
triotism. would tolerate such a doctrine
Better that Wendell Phillips were President,
and the hospitality of the White House. still
holy with the memory of the matronIy pres
cnce Of Martha Washington, should be dis
pensed by = Boomer in rantaloons. We
should at least be able to exclaim, with the
ancient Greeks:
"'our tyrarts then.
Were still at least country arn."
Apart from the reasonable and ignoblc
idea that England is to preside at the trial
Of an American President iu an American
nate, look at some of the probable results
OF the ker pdr'iGmcHturiu. If the chaplain
Of the Senate happened to pray for a return
of ''peacc and harmony" he might be i'm
peached-in England, DIR. Sachercl was i'm
peached for an - improper sermon. II Mr.
Seward. on any occasion, advised against a
war with France. and that our forts aud arms
on the borders of Canada should lie kept in
repair and strengthened, he might be im-
peachcd-iu England, the Earl of Bristol
was imPeached for advising against war
with Spain, In utter defiance of the Ameri-