Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1867-10-24
Suspension Durins Impeachment.
rom Harper's Weekly. Oct. 10.

The President Is reported to have said
toa Tennessee friend that II Congress
should inpeach him and attempt to sus-
pend him during trial he would resist
He would endeavor to justify such a
course, probably, upon the ground that
the Constitution-which Is so precious to
him and to the Democratic allies and
apologists Of the rebellion-provides for
the removal of the President only on con-
viction. But If Congress, upon assem-
bling, should pass law providing for the
suspension from their functions of all
impeached officers of the Government,
from the moment of impeachment until
the end Of the trial, what then? The
President would, of course, veto the bill
II would become the law of the land
Would Andrew johnson then undertake
armed resistance to the law?
Undoubtedly he would If he thought
he should be supported, and very possi-
bly, he would under any circumstances.
1t must be remembered that the Presi-
dent is not only an ignorant, obstinate,
and passionate man, buff common re-
port may be trusted--he is an intemper-
ate man. It has been publicly stated
that he intended to relieve General Grant
and make General Frank Blair Secretary
OF War. Now the habits of General
Blair are notorious. jeremiah Black Is
the Presidents confidential adviser, and
jeremiah Black is a patriot of the school
of Fernando Wood and Robert ToOmbs.
1t is idle to say that such men will not
dare to do this or that. They will dare
TO do anything. They would undoubt-
edly prefer the form and letter of law,
but they could very readily devise any
pretext. There can be no more stupend-
Gus folly, with our recent experience,
10, I'm hot; sa mn -
trick to say that violence is very possible
and probable upon the part of the Pres
ident.
He is besotted with the notion that it
is his business to defend what he calls
the Constitution-in other words, certain
theories of his own-against Congress-
Now, as q matter of fact, under the Con-
stitution there is no power whatever to
oppose the action of Congress, when the
veto has been outvoted. To the extent
. of the veto the President has q constitu-
tional check upon Congress. Beyond
that, he Is as powerless As the man In the
moon. When, in opposition to his veto
and by the Constitutional provision, the
will OF Congress has become law, the sole
constitutional duty of the President Is
TO take care that 1t be faithfully executed
In such manner as Congress may have
appointed. The President may think
that 1t is law destructive of the Gov
ernment, Of civil liberty, aud Of the
rights of human nature. But under the
Constitution, when he has vetoed it in
vain, he must see to its faithful execu-
tion or resign. If he will do neither-if
ne remains merely an incumbrance and
paralysis upon the law-Congress may
at its pleasure, constitutiOnally proceed
TO impeach him for high misdemeanors.
The truth Is, that under the COnstitu-
tion Congress, when it has two-thirds
majority against the President, is the
really superior and supreme branch Of
the Government; and the only final
check Of Its action IL not the President
hut the people. One very great advan-
that II dispels some of the vague tradi-
tional untruths about our Government.
One Of the most common theories has been
that IL was government Of three CO.
ordinate branches. Coordinate means
not subordinate; and the theory, there
fore, was, that ours was . government Of
three equally supreme Departmental
Such fallacy might be entertained un
til 1t was tested. Then, of course, 1t was
sure to be discovered that three suprem-
acies In the same system was mere flc-
tion. When OH actual contest arises be-
tween all Of them, or any one of them and
the OthertwO, II must either be cOmprom-
ised-which settles nothing, and leaves
the essential question still opener one
must wholly yield-which establishes its
inferiority--or each must persist to the
last-in which case force would deter
mine the superiority Of one or the other.
The history OF the present conflict be-
tween the President and Congress shows
that when Congress has not n majority
OF two-thirds against the President he Is
a al ar nf fha al I'M w hnn
gress has that majority the President is
utterly powerless. If Congress should
pass q law over his veto, and the Prcsi-
dent should refuse to see Ii faithfully ex-
eeuted upon the ground that the Supreme
Court had declared IL unconstitutional
Congress must either yield 10 the SUI
preme Court, which would make that
Court the government Of the country, or
It must lmpeach the President despite
the Court. II, then, the Chief-Justice
refused to sit upon the impeachment,
there must be compromise or q forcible
solution. Or suppose Congress and the
President united, and the Court opposed
to them. Congress passes law, and the
President sees that IL is executed, while
the Supreme Court declares 1t to be un-
constitutional. What can the cool di-
nate supremacy of the Court do? Does
the Constitution require the President to
ask the Court before ne sees To the exc
cution Of law, or does 1t require him to
refuse TO execute 1t because the Court de-
clares II unconstitutional? May every
law be held invalid until the Court legit-
imates It? Such theory subordinates
both Congress and the President to the
Supreme Court. In any case the fiction
of the coordinate branches 10 exposed.
Take another possible case The Pres
ident has issued an amnesty. Certain
ex-rebels demand 10 be registered under
IL and are refused. The Supreme Court
decides that they may be registered and
vote. They are permitted to vote by au-
thority Of the President, sworn to see
that the laws are faithfully executed. =
But such voting Ia against the law OF
Congress, and the President Is impeach.
cd for authorizing o plain violation OF
the law. There 10 again no alternative
but submission or resistance. There IL
certainly no equal supremacy. The truth
again Is, that the will of Congress must
prevail despite the President and the
Supreme Court, or the Supreme Court ID
sthe real Legislature.
IL was this combination Of the Execu
tive and the Supreme Court upon which
the leaders of the Democracy relied tel
years ago to secure the nationality O
slavery. They were sure that the oppo
ettion could not obtain q two-thirds ma
iority In Congress, and they eyery wher,