Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-12-03
The Power of Congress 20 Remove
the Presid nl Pending BBis Trial.

The Power of Congress TO Remove
The Presid mt Pending BBis Trial.
Hon. REvERDY JOHNSON, of Maryland,
one of the ablest lawyers in the country.
takes issue with THADDEus STEVENS and
other Radicals on the power of Congress
to remove the President pending his trial
for an impeachable offense, aud effectually
demolishes their theories. The writer says
"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 pendenry Ot an Impeachment
Of the President shall constitute dsabil-
ity. on 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 i'm the first section of the second
article OF tine Constitution, which provides
for his removal tor, amongst other causes.
his inability to discharge the powers and
duties thereof
THE answers tn the proposition are sew
eral and conclusive.
Il. The clause docs not contemplate a
| mere suspension or temporary removal -
The removal provided for in such case is
the same as that which is to result from u
conviction upon impeachment, or from
death, or resignation, which, of course. is
not temporary bat permanent one. The
| removal on conviction Is. also, not only
permanent, but is followed by the further
Judgment OF disqualification to hold an,
other office under the Government.
at will hardly be maintained that Con
gress can, by statute, create a greater pur
ishment than this or make it less. TIL
subject was evidently not designed to b
submitted to the discretion of Congress
| This being so, for the same reason Congres
Ia not entrusted with the power to declar
any other judgment in the case of removf
| from inability than the one which is
ensue the happening of either of the othe
events mentioned in the clause.
80 The inability mentioned is such
inability as renders the President perma
nently incapable of discharging his duties
Any other Interpretation would give
Congress the authority to provide that TEN
porary absence from the seat of Cover
ment, or temporary sickness, or anv 9th.
event, should constitute an inability
There is, also, no judicial Judgment to b
pronounced in such case. The removal
as in the case of death. or resi- gnatiOn, is I!
take place the moment the continge ,ci
happens and the duties of the office in
stantly devolve upon the Vice-President
"3. AS the Judgment, on Impeachment
inflicts no personal punishment, as the tria'
may 90 on as well without as with til.
presence in the Senate of the Presiden,
and as that body has no authority to con-
pei his attendance, it is obvioJs that he q
just as capable during the trial to perforI
the duties of his office as he is before q
after judgment OF acqui tai. Under t
power to pass all laws necessary and pro.
er to execute the powers granted. no sui
authority as the one in question belongs T.
Congress, no legislation being nee ssary q
effect the object of the clause-tbat bein
accomplished the moment the eveit occu
of an inability wi hin the constitutions
meaning Of that term"