New-York tribune., 1867-02-07
MAY IMPEACHMENT BE ACCOMPANIED BT
SUSPENSIONP

We copied a few days since, from Col. For
ney's Chronicle, an extract from Elliott's De-
bates in the State Conventions which ratified
the Federal Constitution, distinctly, unequivo-
cally affirming the power of a majority OF the
House Of Representatives in impeaching q
President to suspend him from office pending
the verdict Of the Senate. In doing this we
expressed no opinion of the soundness of Mr.
Madison's opinion as quoted but asked some
one who held the opposite view to favor us
with his reasons. The World points us to an
elaborate essay in its coluMns by Dfr. Geo.
Ticlnor Curtis. who not merely argues that the
doctrine In question is unsOund, but that Mr..
Madison never expressed the views printed as
his in Eliott's Debates
we do not choose to be dragged inko cOntro-
yersy on the main question, thoughTe are more
than willing to be assured that The Worlds
and Mr.. Curtis's view of the matter is the
true one. We cheerfully assent to their state
ment that the Constitution does not in terms
clothe the House with the power of Suspe1-
sion; and we will add that, according to our
best recollection, in none Of the few cases OF
impeachment already on record was such power
exercised. Judges of the Supreme Court have
Official duties while under impeachment, pre-
cisely as though they were above reproach or
suspicion. 1t may well seem that this should
not be so without at all affecting the fact that it
is So But has the House ever avowed or ad-
mitted that it might not suspend, il it saw fit !
We can recall no instance wherein it did so.
Mr.. Curtis quotes from the unquestioned
minutes of the Convention of 1871 as follows;
on the 18th of September, Mr. Rutedge and Mr.
That persons impeaced be suspended from their offices
until they be tried and acquitted. .,.,
Mr. MADIsONThc President Is made TOO dependent al
ready the Legislature by the power Of one branch 10
Try him in consequence OF an mpenchmcn ny me DINER
This intermediate suspension will put him in the power
Of one branch only They at any moment In order
10 make way for the functions OF anohef VINO VIII n
favorable 10 their views, vote temporary iepoNal
Mr. King ooncurred In tho opposition to the amend
ON the question TO ngrce 10 IT:
Connecticut. South Carolina, Georgie-hye, 3; New
Hampshire, Massachusetts,, New Jcr3ey Pcnnsylyana'
Delaware. Maryland Virginia, North Cerollna-No, 3.
tNIadisons Minutes; Elliott vol. s, pages 81, ''2J
This is cogent, certainly, as to the main
question but is it conclusive Did not the
Convention often decline to cmbody in tho text
of the Constitution powers which they never
theless expected would he exercised WEE ex-
press no opinion, but simply inquire.
We cannot assent 20 Mr.. Cutis's nssump-
ton that Mr. Madison, because of the forcgo-
ing, could not havo held the language attrib-
uted to him in Efliottx Debates. On the con
trnr,s ~. doubt Tint ElilOtt Is correct (;
for, had he not been, il is morally impossible
that 50 gross an error should have remained
unnoticed till now. Mr. Madison OF course
knew whether he did or did not say what is
attributed TO him 10y Elliott he must have re-
marked its disagreement with what he is re-
garded rs having said in the Federal Couven-
ton and he could hardly have failed to cor
rect 40 glaring = discrepancy.