, 1867-03-22

ex Justice of the Supreme Courto the I'm
tied States, discusses this question, and
shows conclusively, that the Constitution
does not authorize the suspension Of an i'm.
peaehed officer during his trial. Th-t pre-
cedent as well as authority i. wanting for
such proceeding, is proved by the history
OF all the mpeachments that have ever taken
place under the Government for though
there has been a number Of impeachnents,
no impeached officer has ever been suspended
during his trial. That authority to suspend
is not only not contained iu the Constitution,
but was deliberately kept out Of it, kept out
of it on fGll consideration, kept out for rend>
cred reasons, is proved by the authentic rec
ord that such proposition was offered, was
debated, and was voted down by large
majority No evidence of which a subject
of this nature is susceptible could possibly
be more completely convincing, or more
overwhelmingly uuauswcrabIe aud concus-
i've. The following quotation from Mudisons
own report of the proceedings renders all
other proofs superauous
Mr.. Rutledge and Mr.. Gouverneur Mcrris
moved.
That persons impeached be suspended from
their Offices until they be tried and acquitted.
Mr.. Maui oi-The Pr 81 lent is made o de-
pendent already on the Legislature by the power
Of one branch to try him in Consequence Of an I'M
pe"chmeDt hy the other. This intermediate
suspension will put him in the power of one
branch only. They can at any moment, in order
to make way for the fanctioHs of another who
will be more favorable to their views vote a
temporary removal the existing magistrate
Mr.. King concurred in the opposition to the
amendment.
On the question to agree to il:
Connecticut South Caroliua Georgia-Ayc 3;
New Hampshire, Massachusetts, New Jersey,
Pennsylvania, Delaware, Maryland, Yirginiu,
North Carolina-No, 8. (MIiisons Minutes; El-
hot, vol. 5, pages Sal j42.)
We thus direct attention to the proceed.
| ngs Of the Convention which fram d the
Constitution, mainly Tor the purpose Of sub
joining an important practical inference,
which it concerns the radical party to he'd
If Congress shall attempt TO suspend Presid-
ent johnson, he has the NEST solid constit
utionai grounds for resistance Congress has
no more right to suspend him during the
trial, than they have to put him out Of office
previous to the impeachment. In the light
OF Mr.. Curti>'S exposition it is case that az ;
mits of no doubt aud Mr.. Johnson would be
false to bis oath TO preserve, protect, and
defend the Constitution, i he permitted it
to be thus wantoniy and Aagran,ly Violated
II Congress shall have the hariihood to un-
dertake what the authors Of thr Constitution
deliberately decided should never be done;
if Congress shall attempt to invent against
the Constitution i power which knocked in
vain for admission and had the doo- shut in
its face, the proceeding will b. 20 revolution,
ary as to justify aud demand the most res>
olute and uLshrinhi..g resistance. TO sl,>
pend the President in deiau, Of the Const>
itation will he as daring rebellion as was
that Of the South in 1861. It will deserve
to be confronted with measures equally de
cisive and crashing. President johnson
would have the public opinion Of the world
on his side, because the evidence is Of that
plain, untechnical, and conclusive Character
which the whole word can appreciate.
We take it for certain, therefore, that in
the light in which the question now stands,
the idea Of suSpending the President vi no
longer be seriously entertained To push
AIm into corner where he would be com.
PEELED by his oath of Office to resist, and
where the public opinion of the world would
sustain him in resistance, would be to plunge
the country knowingly into the horrors aud
uncertainties OF civil war Bad and bold as
the radical malignants are, tLey will not
dare 10 face this terrible responsibility. But
1t they conduct their impeachment with due
observance OF constitutional forms, it will
amount to nothing. The whole design has
been based on the assumption that the Pres,
ident could be suspended during the trial,
the radiaals meanwhile gaining complete
control Of the Government, which they would
use to enlarge the Supreme Court by putting
in a majority of radical judges, so that,
whether the President was convicted Or sc
quilted. all the questionable legislation of
Congress would afterwards prevail. This
game cannot be played; no other Is worth
playing. If the President could be sus.
pended, there would be motive to prOtract
the Trial until his term expired But trial
may be protractcd by the defence as well az
BY the prosecution, and the President re-.
niainlng in ofhee in any event until its con
clusion, his term would gradually wear away
during the enaction Of the solemn farce. The
accused can bring as Gany witnesses as he
pleases, and they must be examined; he can
7 naT,IA