The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-10-22

''S,LspenSion from Otice.--Can the accused be
suspended from office during the progross of tho
trial? This subject is of vast Importance III case
of the impeachment of q President as an asser-
tioD of such power might lead to the utmost
confusion, and, perhaps, to civil war.
81 strongly believe that there can be no suspen-
sion from office, on two principle grounds: LIST,
from the practice in England; I'd, from tho true
construction Of the language Of the United States
Constitution.
Thus far have been considered offices held at
the pleasure Of the King When the tenure is
fixed and permanent the case is still stronger. In
that case, the Commons will not oven vote to ad-
dress the King for removal from Office, though no
impeachment is intended. In other words, they
will not in such case adopt joint resolution
asking for the removal of an unpopular and OBJ
noxious minister, not charged with crime, though
they may ask for the dismissal of such a minister
from offices held at the Kings pleasure. This
distinction was strongly marked in discussion
concerning one of the Dukes of buckingham, (6
How. S. r., 1054.)
The Commons refused tc address the hing to
remove tho Dun. from Offices in which he had
definite or permanent tenure, but asked that he
might be removed from Offices held at the Kings
pleasure. There was in this case no mpeach-
ment; but. Immediately afterwards, having re-
solved to impeach the Earl OF Arlington, thay re-
fused all ad!rcsG for removal from any Office.
There is good reason for the difference Of action
in the two cases; where there is no charge of
crime, the King may be asked to withdraw his To-
yor; where crime is alleged, the withdrawal of
patronage tacity admits the charge, and exposes
The accused to o loss of reputation, and may di.
minish tho reasonable chances for IN acqultta
'Suspenston from Office under he United
iSdteS ConSt,tItttOn.-Where an officer like the
President, holds his Office by certain tenure,
the people, according to tho prpcirlOs of law have
Il right 10 bis continuous scrvicoa ct which they
canpot hc deprived before his conviction for an
nipeaohable offence, unless there is something in
the language OF the Constitution which confers
the power OF suspension by express words or no
cessary implication. If the officer holds at the
pleasure of the appointing power, he may, Of
course, De arbitrarily removed by the person exer
cisng the power of appointment
There Is 10 express language in tie Consttu-
ton conterrlng the power OF suspension. There il
no necessary implication, heaause it has been
shown bv English practice that the power to inn
peach does not involve the power to suspend.
''It is well, however, to so further than this. l
maintain that the history of the Constitution the
debates upon it, and Gotemporary documents,
plainly show thGt the power OF suspension was
studiousy excluded.
what would be the effect of political impoach-
ments upon our system of government, it - diff
cult to SAY, All analogy leads to the conclusion
that they should be avoided until the last extremi-
ty, and that the trial should be preceded by the
unmstakable verdict OF the people. There liz pro
found wisdom in the remark of that aound and
calm lawyer, Sergeant Maynard, that the trial aud
condcmnat'cn {. one nah at common law viii work
more upoG people than ton ilppeachman.5s. 10
Howell S. L. l2l2.) It S the TNeakncss of politi-
Cal trlDula that llcthcr justly or not, it labors
u;:er the imputation of being moulded by faction;
while it is the strength of common-law court that
every presumption is made by public opinion III
favor of its iustneas and impartlality."