New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-11-26
THE IMPEACBMENT QUESTION

The question of Impeachment came up before
the House OF Representatives Yesterday IN The
reports from the COMMITTEES Of the Judiciary
The Committee does not occupy the position
held in The report Of the July session. At that
time a majority OF the members were opposed
TO impeachment now. majority express them
selves in favor of the measure. hr. Churchill
has changed his mind. Nh Wilson Of Iowa,
the Chairman of the Committee. and one of The
ablest members OF the House, is earnest in the
conviction chat the evidence does not warrant
articles OF impeachment. Mr.. Woodbridge "a
Republican,, and Messrs. Marshall and Eldrldge
unite in this conviction, which is ably argued
in the minority report. /H..
The House postponed the reports until next
week. This will enable the members 10 study
the testimony and vote intelligcntly. We choose
TO claim the same privilege. Impeachment is
now only subject calmly under consideration.
and some days must eiapse before we know
thoroughly the nature OF the evidence. Dir.
Kelsey's bill, however declaring the effect OF an
impeachment, and defining the meaning of the
words "bigh crimes and misdemeanors" IA
used in The Constitution clause relative to the
power of impeachment. may be viewed either
as partisan expedient 10 meet an exigency
or n general law to bear on the case of Andrew
johnson, or as provisions the necessity of
which has been suggested by the supposed diff
ficulties attending the impeachment of the
present President, but which are designed for
use only on other and future occasions. If
they arc intended TO bear on the case Of Presl-
dent Johnson, we think they are clearly er post
facto, and as such will offend the moral sense
of the people as well as the legal sense Of our
lawyers and jurists. 1t is not merely a
new remedy for grievance that existed before,
or new mode of applying remedy that ex-
listed before, that Mr.. Kelsey's bill aims to
supply IL establishes q new mode Of prosecu-
ton, which is neither trial before the Senate
nor an impeachment by the House, but which
results in q joint resolution of both Houses, a
mode Of prosecution wholly unknown TO the
Constitution, and therefore void. IL estab
fishes, also, new sentence, which Is neither
one of equity" nor of innocent" of any par
ticular crime, but is simply sentence that the
officer he suspended. 1t would be an anomaly
in Jurisprudence to allow tribunal to suspend
an officer whom1thcy had not 6rst pronounced
to be guilty of crime. We are not certain,
indeed, that the act defining improbable
offenses does not create into crimes, for the
first time theI acts which it aims to punish.
Fer if the acts which it declares TO be Grim
inal arc already criminal, then the now defni
ton is unnecessary and superfuous. IL they
have not heretofore been criminal, then they
are made 40 by the operation of this bill. We
will not do Mr.. Kelsey the injustice to sup
pose that he intends to pass general law for
President Johnson's special punishment, which
will az once mako criminal acts which, when
committed, were not so. try the charge for
these Criminalized acts before a tribunal which,
when they were committed, had no existence. |
authorize punishment in advance Of alv yer' |