The Portland daily press., 1867-10-21

PORTLAND.
Monlay Morning, October 81, 1867.
In,renehahle OFFENCES.

Impenehabie Offences.
| Let ii be supposed that President johnson,
in June 1865, had removed every member of
his Cabinet and parloned JEFF. Davis, Benja-
min, Memminger, Stephens and the other
leading members of the Rebel government.
He might then have given Davis his old place
in the War Department to the exclusion of
Stanton, put Benjamin in the State Depart
ment instead of Seward, transferred Memmin-
ger from the Confederate to the United States
Treasury, and given the other eminent Rebels
such places in the ministry as they were quail
| fed or desired to fill. Let it then be suppos-
ed that, upon the assembling of Congress in
December, after his appointees had enjoyed
for six months the dignities and emoluments
of their respective offices, he had sent their
names to the iSenaie for confirmation. There
is no one but will conclude that in SO fiagrant
a case Of maladminstration the only proper
reply OF Congress would be in the shape of
articles of impeachment by the House of Rep
resentatives against him. Yet all this might
have been done, as the law then stood, in the
exercise OF his undoubted prerogatiyes. There
was then no Tenure of Office act, restricting
the powers OF the President as respects re-
moval from Office, and he could have summa
rily elected all of Lincolns Cabinet officers,
and replaced them by Davis and his minis
tiers without reason or pretence OF reason,
and without the slightest Infringement OF the
letter OF the Constitution ur OF any existing
statue.
The suggestion Of case like the aboveis
complete reply to those who contend that
Art. 2, 81 of the Constitution which declares
that ''The President, Vice President, and all
civil officers of the United States, shall be
removed from Office ON impeachment for aud
conviction Of, treason, bribery, or other high
crimes and misdemeanors," by necessary inn
plication forbids Congress to take coenizance
o. any offences Of the Executive which are
not indictable either by statute or by common
law The ambiguity OF the words thigh
crimes and misdemeanors" is all that gives
the defenders of the President any chance to
place him in the position of a troublesome
school-boy, who causes his teacher unutter-
able woe by committing those offences only
which are just outside the line OF the academ-
ic criminal code and so escapes the thashing
that he so richly deserves. But happily an
investigation OF the original sources OF Con-
stitutional phraseology, and the Interpretation
which has uniformly been placed upon these
words by parliamentary usage establishes
their meaning beyond question. They were
incorporated into our organic law from the
British Constitution and parliamentary law,
and being so Incorporated, acquired there the
meaning they had borne in the sources from
which they were derived, at the time of the
framing OF our Constitution. What that
meaning was is clearly stated by Christian In
bis notes to Biackstt ne as follows: when
the words high crimes and misdemeanors are
used in prosecutions by impeachment, the
words high crimes have no definite signiica-
tion, but are used merely to give greater sol
emnity to the charge The usage in England
was in entire conformity to this deinition.-
No regard was paid to the provisions OF the
common municipal law, when proceeding by
peachment against offenders. This method
of prosecution is not intended to punish the
individual, but to get rid of an incompetent
or dishonest officer, whether or not his
wrongdoing arises from that criminal dnitus
which would render him liable to indictment.
In England the Earl of Suffolk was impeach-
ed for neglect OF duty as an ambassador, and
the Earl of Bristol because he gave counsel
against war with Spain, whose king had af-
fronted the English people.
In this country all the precedents and all
the authorities are in favor of ia like liberal in
terpretatien of the great prerogative of the leg
islativc branch Of the government. Madison
held that 1.-THE wanton removal of meritorious
officers would subject President to impeach-
ment and removal from his own high trust"
Story says: "Congress has unhestatingy
adopted the conclusion that no previous stat
ute is necessary to authorize an impeachment
fo any official misconduct.
In the few cases of Impeachment that have
hitherto been tried, no one OF the charges has
rested upon any statutable misdemeanors."
The weight of authority and of precedent
is so overwhelming, that Mr.. johnson has lit
tie reason to congratulate himself upon his
|
at the same time avoided those acts OF NAL
administration which render his continuance
in office incompatible with the well-being of
the country. The late elections should have
no influence in giving him immunity from
punishment, if he is really guilty. His pro-
posed removal from Office is not to help the
Republican party, but to relieve the country
from the dangers arising from the pernicious
acts of an unfaithful Executive. Rumor says
that six of the nine members OF the Judiciary
Committee have declared themselves in favor
OF deposing him, and that since the prepara-
ton of Judge Williams speech, which is
printed herewith, stronger incentives to ac-
ton have been brought to their notice.
If the President shall, as he threatens, regard
the War Office as vacant and send in
the Senate the name of Stanton's successor
without assigning reasons for the suspension
of that officer, as required by law, Congress
will no doubt promptly take such measures as
will make it hereafter matter of acknowledge
ed delicacy Tor President to nullify instead
of executing the laws. ~ aa..e asf