The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1867-01-17

s. II. CLARK.
KEoKUK. IOwAs
THURSDAY MORNING, JAN. II.
rHn mas III a1nFgwnR OF
IRPBACHREuT.
The Chicago Nmes has labored editorial
deayins the right sof Ccnsrss to impeach
and try the President Of the United States.
The ground taken by the Times, il simply
ana virtually, that de pressntE nota Consti-
tutional Congress, because the Southern
States are notfepressnted. And, therefore,
that il il not competent for the Senate to try
an impeachment, because the States arc not
oil rsprssented, althougk-t6e Consdtntion
says expressly, thAt tvo>thirds vote It the
Senators prsseaf, are required 70 convict.
In this view of the case the Times justi6es
resistance to the impeachment, on the part Of
the President and his friends, even TO the ex.
tent of civil war.
The Times is accustomed to counseling re-
sistance. It urged the Copperheads OF the
North, to resist the warmeasures ofthe Gov
eminent, during the progress of the war Of
rebellion. 1t advised is readers 60 resist the
draft; 1t proclaimed that the acts of President
Lincoln and the Congress Of the United
States we're unconstitutional, and without
binding force; and would have rejoiced could
it have melted . civil war in the North. 1t
failed then, but it may succeed now, though
We do not believe it will.
But let us examine its position, and see il
therei is anything new in it. If the present, ia
not the Congress Of the United Stases, on
account of the absence of Senators and Rep
resentatives Of ten States, then We admit that
it has no right to impeach and try the Presi'
dent. If it is the Congress Of the United
States, then it is as competent to impeach and
try the President as it is TO pass Bill or q
Resolution, or to enact law over the Presi
dents veto,
The only question, then, 10 be decided, in
our view, is the simple one, is the present,th
Congress of the United States, or is there nc
such constitutional and legal body as rhe setl
Congress? Isit the 39th Congress, then, Oh
is it "a body hanging on the verge Of the
Government, and claiming to be Con
gress?"
The people of the United States have re
Rarded the present. as the seth Congress. Th'
President himself has officially, in hundred
ways, recognized il as the seth Congress o
the United States. And the Supreme Cour
has, in a variety of informal acts, individu
ally and collectively assumed the same thing
So also have the Copperhead members o
Congress, and all the Executive officers o
the United States, in various formal and infor
NAL acts, given their sanction to the PROPOSE
ton that the present;is really the Congress Q
the United States. And, indeed, most of tn
prominent rebels, are in various modes on tn
record, in reluctant assent to the same propo
siton.
There seems really TO be no considerabl
body of men left to deny it, and in fact th
denial is substantially confined TO few luna
tics, and here and there Copperhead or reb
Ell editor.
Then we think it may be fairly taken 70
granted that the present Congress is the Con
gress Of the United States. If that be grant
ed, it follows that it has power over the en-
tire subject matter, for the Constitution O
the United States, Art. /, Sec. 2, says: 9TH
House of Representatives shall have the sol
power of impeachment. And the same in
strument, Art. ], Sec. 8, says. 1.-THE Sen
ate of the United States shall have the sol
power to Try all impeachments.
Now this is ,he same House of Represen
tatives AID the same Senate of the Unite
States which have jointly been recognized a
the Congress of the United States, b
the people of the United States, and by al
the Departments of the Government. An
it Is consequently the same House and tn
same Senate to which the; Constitution give
the sole power Of impeaching, and trying i'm
peachments.
The Constitution says not one word about a
the States being represented on such occa
sions, any more than on any other occasion
nor does it say that all the members of tn
House, or all the Senators, shall be in thei
seats 1t says that :" no person shall be con
victed without the concurrence of two third
of the members present. That provisio
shows that the absence of Senators was cor
templated, and consequently it was expressl
provided in the Constitution, that two third
vote Of the Senators present at the trial, shoul
be sufficient to convict.
The pretense that all the States must b
represented before Congress can impeach tn
President, finds no warrant in the Constitu
tion, and is utterly preposterous in itself.
that we're true, then President JOHNSON nigh
be guilty of whatever acts of usurpation an
despotism he saw proper, even to assumin
the Imperial crown, and there would be u
remedy.
Impeachmentis the remedy, and the shield
which the trainers of the Constitution place
in the hands of the representatives Of Ii
people, TO guard the liberties of the countr,
and prevent usurpation Of demonstrations
power BY the President. And he who woul
deprive Congress of that right seeks to e,
alt the President to Imperial power.