The Montana post. [volume] (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, 1867-10-05

counsel CHOSEN BY the house ana the ac-
cused conduct the prosecution and de-
fense. The trial closed, the Senate votes
first upon the charges, and then, if found
guilty, which requires two-thirds vote
of the members present, upon the pun
ishment, which in no case can extend
beyond removal from Office and subse-
quent disqualification but the verdict is f.
nal. In the trial of the President the Chief
Justice presides, which accounts for the
recent attacks upon that officer. The
authority for impeachment trials is in
Sec. 3, Art of the Constitution. Sec.
4, Art. 2, says "the President, Vice Presi-
dent, and all civil officers, shall be re-
moved from Office on impeachment for,
and conviction of, treason, bribery, or
other high crimes and misdemeanors."
The following is the Presidents view
of the case, as published in the New
York Herald of Sept. IL, and as the wri-
ter speaks authoritatively, and the Her
AID has been " as the voice of one crying
in the wilderness" foreshadowing every
important act of the President for some
time, it may be accepted as an index of
his action if impeached:
50 The President holds that each of the three
great branches of the Government is for itself
the judge of the constitutionality of a law.
Congress, IN the first place, is a judge. 1t
passes a law according to constituLio onal forms
by the requisite majority over the Presidents 5
veto. According to the Constitution it can
L. .1oN. all he
law is passed and it comes to the President for
execution. He Is sworn to faithfully execute
his Office, and ''preserve, protect, and defend
the Constitution of the United States" Who
is to determine for him whether the law pass
ed by Congress does not conflict with the
Constitution he is sworn to defend? If he
considers it clearly in violation of the Consti-
tuition, is he not under the most solemn obli-
cation to refuse to enforce 1t? 1t Is conten-
ded by some that the more usual mode is for
the President to assume a law constitutional
until otherwise declared by the Supreme
Court. This the President considers only ap-
plies 20 doubtful cases; but where the conflict
with the Constitution is clear and undoubted
! the President considers il his duty to decline
| Its enforcement altogether. Applying this
TO impeachment, the following is the result !:
Congress passes articles of impeachment, sus-
pends the President, and orders his arrest.
The alleged offense is that he refuses to en-
| force the laws which he honestly believes TO
be in antagonism with the Constitution.
He takes one view of the law, Congress an
other. He holds that he can only be removed
on conviction of treason, bribery, and other
| high crimes and misdemeanors. He holds
| that a mere difference of opinion to the
| constitutionality of a law between himself
/ and Congress is neither treason, bribery, nor
/ other high crimes or misdem eanor. He holds,
| therefore, that he cannot be impeached, sus-
pended, or removed from office.
! insists he cau. Then he COnsId-
ers, Congress places itself in an attitude of
revolution. 1t thus violates the Constitution
by attempting 60 usurp the executive power,
and must be put down. How will this be
done2 The President, acting for the best in
terests of the country, and deeming the safety
of the Republic in danger will issue a pro-
cIamation proroguing Congress, calling for
an election of new members, and invoking the
aid of the people to sustain him This, am
assured, is the view the President takes of the
impeachment muddle, and the way be will act
should the occasion arise.
Under the Constitution the President has
the power to prorogue Congress only in case
of disagreement TO adjourn. But in great
public emergency, where the life of the nation
is at stake, the President considers the exer-
else of extraordinary powers justifable.
Moreover, Congress, by assuming unconstitu-
tlonal powers and attempting to destroy the
Executive, dIsqualiies itself, is no longer a
lawful Congress, but body of usurpers and
traitors. As such they have no rights the
Executive is bound to respect, and the Execu-
rive will deal with them accordingly. The
Presidents theory is that they first inaugurate
revolution by attempting an act subversive of
the Government, and upon them will rest the
responsibility of any strife or confusion that