Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-13
vYPEACHNENT.

IMPEACHMENT.
Tia Cincinnati Enquirer states that II
las adviees from Washington that the
D,siesls will. beyond any doubt, within
-;,stv dsvs. ~revoluGonizs the Govern
Ut bv the forcible deposition and re-
- Of the President from Office. 1t
zdis:
.UnSer this impression we aoNIse . =
t--.s I'D debts and otf er business
~eIr- that are dependent upon q
,f neace and tranquility for their
-r,~usrce. and To keep ali sails SCI LOT
a. -,UrorEing storm and CONFUSION. a
--- ~ bsud. for such a step WILL De
-- sry Glubt. create q general state OF
-.-+.i,+v as regards the future, VIII
5----,. IN confidence in the south 70
49,, .s engagements, unseltie uate
-ud business ia every direcuoh. tHs
s,resrhroeat OF the president VIII leau
-~sz9.enees the most serious-conse-
.ss4 Eer Hose engaged in pushing II
d, have IitIls contemplated or CieAmeu
lr ri orv resnect. Ig viii open 2 ne"
en-. rzyaiurionarvc chapter IN a history
-.-D e1 the checks aud balances OF the
~-~7went viii be destroyed, ana every
t...g IKE permanency In II forever CTS
~-r.sr In is best asl ects, the usurPs-
~, world be dangerous 10 lhe Puollc
,s.oa and tranquility, and In its fruits
1,iTl be followed by results that we can
bc-dly consider without a
We have all the time believed thatthe
President would be ~impeached, and that
tv virtue Of a statute enacted in advance,
and rsssed over his veto, he would be
su-7ended by the mere preferring OF the
articles Of impeachment. It is useless
=, arq7Ie that the Congress has no power
to enact such q law. In the course OF a
revolution. the governing body, what
ever il may be, has power to do what 1t
.~4Ieaees. There is no restraint upon IT,
the Radicals do not pretend 10 argue the
c,nstitutionality Of their measures.
They are applying in their own way the
maxim " Sqius PQpUlj sJprcnld tcT'-the
safely Of the People is the supreme law,
The same maxim and the plea Of neces-
si-v justified all the usurpations OF the
1afe war. We have, in fact, only a re-
prediction Of the contest between
CuaELEs L. aad the Parliament, and
that between LOUIS XVI. and the Ma
fioRal Assembly. The same contest was
preparing for LOUIS NAPOLEON when be
was ONLY President of the French Re
yublie. He crushed it by the coup dctat
Tor which he has been so much de-
u9unced, instead Of yielding inch by
inch. like Louis, until he became con-
t.mn.i6le, OF violating his faith and de-
ceiving the Parliament, like CHARLES
aud be still reigns Is Emperor.
Il Is idle 10 talk o. resistance, on b
mart otthe President, if he is ~iDPeacbed.
He has lost the golden opportunity, if be
intended ever to resist. In June, 1865,
the Secretary Of State notified foreign
Governments that the rebellion was at
al end, and the authority Of the
Rational Government everywhere re-
stored, as a ground for claiming the Con-
Tolerate vessels then ia England. Yet
martial law and military commissions,
and the suspension Of the writ Of Habeas
Corpus were continued for many months
after this statement, made upon the
honor Of the Government and the Presi-
dent and Secretary, that war and rebel
lion were wholly at an end; as in fact
Hey 5rere. They were, nevertheless,
kept up on paper and fiction was re-
sorted to, to justify what was wholly
inconsistent with a state of peace.
Many m=uths after this notice, the
President declared by proclamation, that
the rebellion was, at that time, at an
end. It was quite as much At an end
niue months before. 1.-The had then said
7i.atit rad Jsca at an e5ad from the time
when notice to that effect was given to
foreign governments, and that ne had
waited IN the hope that Congress would
% declare It, and admit the Representa-
dives Of the Southern States into Con-
1-sss but that ne had waited in vain,
sud now declared that he regarded the
SluthernS states as IN the Union; and, that
e q coordinate and independent Depart
nent Of the Government, representing
the tUt0'e people, he could no longer re-
cognizs that body as a lawful Congress,
which refused 70 permit eleven States TO
be represented in it, snd should sign 10
more bills passed by it,-if he had so de-
clared, the cases Of CHARLES and LOUIS
might not nave had a parallel in the
year 1867.
But he has continued ever since, TO
recognize that Congress as the true snd
lawful Congress OF the United States.
lie did 50, when bis own State was re-
Nsed representation, although, il it was
not a State in the Union, he was not
lawfully President; and II it was, there
VI no lawful Congress when its Repre-
s~entatiyes and Senators were excluded
Tor no State can be deprived Of its equal
representation In the Senate.
It follows, the Congress being the law
ful Cosgress of the United States, by
his own admission, reiterated for months,
Il has the constitutional power to i'm
nesch him. He cannot resist that. The
senate, II he is impesched, has the con-
stitutional right 10 try him, Chief Justice
CHASE presiding. lie cannot resist that.
II the Senate sdiudges him guilty, it de-
cides in the last resort, and deposes and
perhaps hangs him. That, also, he ran
not resist
The only real question, therefore, is,
whether a law can be enacted, by which
Impeachment shall, pleao jure, suspend
him from Office, and transfer the func-
lions Of the Presidency, pending the i'm
neaehment, to the President Of the Sen
ate. 1t is quite true that in the Conven-
t;on Of I7s7, the Convention that framed
the Constitution voted down, after dis
cussiou Of the question, the proposition
that Congress should have the power TO
suspend the President, after impeach-
menL
This appears by MApIsoN's Minutes,
%IEILIoTT's Debates, V. PIP. 81, 542, I
where we ind the following:
On the 18th % September Mr.. Rut.
ledge amo Mr.. Gouverneur Morris q
moved
That persons impeached be suspended
from their offices until they be tried and
acquitted.
Mr. Madison-The president Is made
too dependent already on the legislature 2
l,v the pow r Of one branch TO try him I
jn consequence of impeachment by the {
ofber. This intermediate suspension C
put him in the power OF one branch !
orly. They can at any moment, in
order 10 a1ake way for The functions Of
who will be more favorable 10 =
views. vote a temporary removal :
81 the existing magistrate. II
Mr. King c%oDcurrei in the opposition b
fae amendment OF
"a the question 10 agree 10 1t: =
connecticut, South Carolina. Georgia. d
+. - 81 New Hampshire, Massaehu. p
View Jersey, Pennsylvania, Della d
- MARYLAND, Virginia, North Caro- e
ins-No, {. q
n 4 noticeable that New Hampshire, Z.
sesssebusetts, New jersey and Penn 10
r-sa. ali voted against giving Ia ne