The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-02-05

Mr.. MadIseu On shc Subject Of I@peaehisg
Rraa6danfa.

IMPEACHMENT.
>~>~~>->>-~>>o.-~~~~~~~,.>
Mr.. Madsssn On shc Subject Of I~peachisg
Presidents.
Prom the washington Chronicle. Feb. al
The Impeachment Of Andrew johnson, accidental
President Of United States 10 the chief topic Of uni
versal discuss There e no installing that the public
rseleo.ed Abraham Linoon, and yindcassd the thirty
ninth Congress, BY majority OF nearly half million
be should anticipate and concilisas destiny, impeach-
meut will be made the imperative duty Of tho two
houses The arstocralc agencies arc every where nat
urslIy Il the prospects because Andrew john
has become their most useful and most willing In
strumsnk The foreigners who encouraged the rebel
prayed and paid for the overthrow Of the Un0n
are horri6ed the probable Of which,
while furnshina new proof Of the ability o. this gov.
ncient element Of conspiracy in which hey had 20
largely invested But the representatives Of the Aer
can people are herr not simply to reject European advice
what u.s. indeed, double sdmonton and Instruction, 10
their duty 70 take no step not clearly invited BY The
facts and sustained BY The letter and spirit Of the cons
tuition. And hence the reference OF General Asblsys
resolution Of inquiry into the alleged violation OF trust
Sy ne ass s. ss aspr Ss, Ssv Ss
and importance that Tho question should BE- settled
whether such an example a. that OF Andrew Johnson
shall be allowed into ruiuous precedent ov shall
be 20 rcbuked be made conspicuous adm0ntonW
after mea The numerous attempts 10 embAraes and 70
n,irnidate the investigation would undoubtedly pre-
vail il they were not feeble copies Of similar attempts
whenever the constitutional authorities deemed u right
70 resort % the strong hand 70 rescue inc common os
threats shall discover that the mode and man
Of impeaching President Of the United states Is
astonshngy simple; and although the subject has NOT
vel been formally discussed in Congress may be safely
assumed, after the very general interchange Of opn-
OF The matter by the press al parties that
II Is found, the work OF impeachment VIII Dc
pcaceably and enectualy consummated The demo
cratic leaders have committed another fatal mistake in
seeking 70 find warrant In the constitution and IN the
sxpounde the Constitution for their unreasoninr op
initiated by the recent rebels addsh new count 70 the
indictment against the latter.
The sightest examination shows that " any men
should HESITATE or should with Difference tho
position TO aragn faithless Executive they are the
leaders who claim TO be the especial guardians ana 90
if Andrew johnson himself In his role Of exclusive
champion and interpreter OF the fundamental Law, 10
only half honest he Will bow before the decree Of the
accepted authorities the fathers Of the constitution, and
admonsh his supporters of the trap into which they
ton 70 the third volume OF EIliots Debates the
Federal Constitution In the Virginia Convention 17SS"
James Madison the leading writer Of the Fsdraa was
purpose OF considering the national constitution OF
which he a chief Trainer and advocate during tho
Convention which prepared the national constitution he
kept full private notes. afterwards published by order OF
Congress- and since regarded ~ infab'e authority
States for ratification the arguments Of Madison carried
conviction doubling minds, converting even Jefferson
BY hei, and cogsncy Ins Ven
kno~ledged chief Of the party favorable 70 ratiacaon
assisted By Marshall, Pendle,on, Edmond Randolph and
Mason This array OF Intellectual giants subjected the
constitution TO terribly searching analysis. Tner
words carefully .n rOwn 81 = ms nation and control
statesmen and constitutional lawyers a. c0Bpeteiy AZ
the profoundeet opinions q the greatest judicial mnda
constitution was ratified BY . vote Of 10 70 ~ when
The section Of the second article Of the constiu.
ton was under consideration, very interesting and
thorough debate took place. That section s ~ fol-
lows.-
SECTION D. The Prs.dsn. shan b commander chief q
the several States whom called into the Uni
ri oo: e nay .s y ne =
any snb relating the duties Of ther rsspecve oeeA
sss :ss ssYi s Ussd
The opponents Of the constitution, alarmed a the ex
tYaordnary powers conferred by this section upon the
Executive throw their whole force against Il George
aisSess Executive might abuse preroga.ves hsrs
generously bestowed 10 contendcd that the President
ugs not 70 have The q ns
sy h.ppsn a.
M Mason, 'that he viii establish monarchy and d.
pardons before indictment and conviction, he mos
stop inquiry and prevent doiectionY Now mark the
b. he Tahss q The consusion, James MADISON, Of
x.dson .dyerns Y Mr. Mason. Objection to the
improper % YES, Il he House Of
oS s. . e sss 70 o. s 81
ss ss.S usss e ss: an
dstermine such i was found says be- that two DIT
With rs:psc o psrdones The saassDs rsSehso
% X ss he ne S::
would extend general mercy ~. ~n,ch ..,,..n
may have .dvsrisd ne Prss.dsn, y: coS.ssssd II
s any @ Ssss e YIN T
kspressniatves impeach han hey remove him Z
s T.: Re Wee
,mpeschsd and removed ana the Leeslsture may make
nasson copcSersd The oSscscns Of Mason and Henry
the same by whom the leaders OF the late rebellion jus
titled themselves when they protested that the constitu
and being welded for the purpose Of consolidating
the Unons The reader will observe that Mr. Madsons
Masos were called forth BY the prediction tha. the Exc
cutive might abuse the pardoning power ~ vas Tor
e ss 81 s
Senate. Imagine for moment what that unchAilenged
pasros would have said had his aDagonisss predicted
perpetrsted by Andrew Johnson The abuse Of
the psrdGW1,ns Ana Sa !onntS ns. smallest
Mason Henry he'd reminded him thst IN ths future
m Executive might b found who wduM mot simply
Ss no y ana
would denounce the Congrs1 q the United SAtes
'.body hanging on tbe vsss g the soysr,msDs and
savage conspiracy 70 overthrow III Mr. Madison says:
any suspicious with any person. and there bs
grounds 70 believe ne WIN shelter him" The lavish
distribution Of psrdons counterfetsn and rebels
circumstance fun Of suspicion and alarm But the chief
value Of these weighty words ID where Mr. Madison
tells us that the Offending President can b. suspended
when suspected and the power win devoive upon the
Vice President And mark that "sheud be THE
Vice Presidency be suspected also, he may
likewise BE- suspended iii he b impeachsd,
and the Legislature may make . temporary
appointment" Well did NJ. Madison add.
isfhis Is great security In fact Il applies once
the argumeas and the remedy. II 6lls the vacuum be-
tween tho period OF impeachment and conviction
quitta compelling the Congress Of the United States,
should matter Of trial be found by the House. 70 pro-
vide for IN Executive 70 make . temporary appoint
nent who shall discharge the duties OF the Presidential
once In the interval Thus viii Be that the Pesi-
dent can be impeached, and removed u found guilty;
suspended when suspected and the power devoved on
the vice PRESIDENT and a. the lustrious vrsinian
looking into the future and guarding against what
seemed 10 Be almost impossible treason, providing
also that the Vice President may be suspended until he