The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-02-08

this point, is open TO doubt or conjecture. Both
are on record in clear aud exOlicit terms. In
the Convention which formed the Constitution
after It bad been decided that some provision
should be made for the impeachment and trial
OF the President, in cases which should require
II, there was great difference of opinion as to the
! tribunal by which the trial should be held; and
It was only after considerable debate that the
existing provision was adopted by which the
House of Representatives should impeach and
the Senate try After this had been decided,
and during revision OF the whole. we md this
recOrd-made by Madison himself, and pub
lished IN his report OF the deOatcs;-
mir. Rutledge and Mr.. Gouverneur Morris
moved that persons impeached be suspended
until they be tried and acquitted
"Mr. Madison-The President is made TOO de-
pendent already on the Legislature by the
power of one branch TO try him in consequence
mediate suspicion will put him in the power of
one branch only, They can, at any moment,
in order to make way for the function OF fanother
who will be more favorable TO their views,
vote a temporary removal Of the existing
Magistrate.
MIR. King cOucurred in the opposition Tn the
ION the question to agree to il, the vote was
"Aye--Connecticut,S South Carolina, Georgia, ..
"No-New Hampshire, Massachusetts, New
Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina-S."
This was the action Of the Convention which
formed the Constitution-taken deliberately and
after debate-upon the precise point in ques-
ton, There is no room left for inference as TO
the intent of the Convention, and its action
was too explicit to leave any ground or neces-
sity for construction of its language. The pro-
position to suspend from Office upon impeach-
ment and before trial and convictiOn-the same
now made by Butler, Phillips, and their con-
federates-was distinctly made and distinctly
rejected. Eight States out OF eleven refused TO
authorize any such action, and that Tor the rea'
sons assigned by Madison, namely, that II
would make the Executive dependent upon one
branch OF the Legislature, and enable tne
House to displace him at any moment, IN
order to make way for another person VINO
would be more favorable to their views" Ii the
Convention had acted with specific reference to
gress, il could not have met that proposed
action by more distinct and explicit pro-
hibition.
1t refused, in the most unmistakable terms,
and in the most pcremptory manner, to autho'
rize the very step which Congress is now asked
to take 1t foresaW the reasons why the attempt
would be made, and prohibited 1t for the very
reasons assigned. The object of the proposed
removal of Mr. johnson, as avowed by those
who are seeking to effect it, is Ito make way
for another more favorable to their vlews;" and
it was to prevent their doing anything OF the
sort that the Convention refused to give them
the power desired.
It win be very difficult in the face of this
record, to convince the country that either
branch of Congress has power under the Con-
stitution TO suspend the President upon i'm
peachment, and before hls trial and convic-
tion." Nor will the expression ascribed to Mr..
Madison in the Virginia State Convention Offset
his declaration, recorded by himself, in the
Convention which framed the Constitution
itself.