The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-01-23
COLUMBIA.
Wednesday Morning, Jan. %, 1867.
The Law of impeachment.

The New York Herald is convinced
that there is nothing more certain to
come to pass than the impeachment
Of President johnson, and says that
'<the House, as a grand jury, will
impeach Andrew Johnson of high
crimes and misdcmeanors, and the
Senate, upon this Indictment, as a
high court, Chief Justice Chase pre-
siding, will try him, condemn and
renounce him. and adds, that with
the opening OF the trial, President
Johnsoe will be suspended as dis
abled, and the President of the
Senate c"-the Herald'S man for that
position is Fessenden-'..wi be as
signed pro tenn. to his place. -
This is the programme of the
Herald and its present party. But
the Herald, in another article in the
same issue, from which we have
quoted, says that the law of impeach-
ment depends upon the provisions
of the Constitution of the United
States and "upon the principles and
practice of England-so far as the
latter do not conflict with those of
our Republic
How the Impending law for a
President of republic, all executive
chosen by the people, depends on the
principles and practice of mon
archy, we are at aloss to understand.
In England, the person of the Sove-
reign-the constitutional head Of the
Goyernment-iS sacred, and he is
placed above impeachment. The
ministers, and other subordinate
officers Of the Grown, may be i'm
peached for bribery, crimes and
other misdcmeanors, as well as for
treason; but the chief ruler is ex-
empt from liability to impeachment.
How it is, then, that the preccdents
which rule in the case of British
Mln1ster-an appointce Of the
Crown-can apply in the case Of the
President, with authority or force, is
not very clear.
BE this as it may, the first PROPOSE
ton of the Herald, that the law which
should govern in such cases, depends
upon the provisions of the Constitu-
tlon. And what are these? Here
are the principal sections. condens-
ed: Section 3, of the first Article, de-
clares that the House Of Representa-
tlyes is the sole impeaching power,
and that the Senate shall have the
sole power to try; and when Senators
are sitting for that purpose, they
shall be under oath or affirmation.
1t provides that the Chief Justice
shall preside, and that no person
shall be convicted without the CON
currence Of two-thirds Of the mem
beTs present. Judgment in eases of
impeachment shall not extend
further thln to removal form office
and future disqualification for
Office. Section !, of the second
Article, declares, that s'the Presi-
dent, Vicc-President' and all civil
officers of the United States, shall be
removed from Office on impeachment
for and conviction Of treason, bribery
or other high crimes and misde-
meanors.
Thus sayeth the Constitution Of
the United States, and the last see
ton plainly prohibits the usrrping
act of the radicals, as set forth in the
Heral1'S programme OF suspcnding OF
deposing the President, until he shall
have been convicted. But how can
that conviction come, unless three
fourths Of the members Of the United
States Senate perjrrc themselves?
The public acts OF Andrew johnson
are known to the whole country, and
If ne has committed any Of the crimes
enumerated III the section of the
Constitution, we venture the assertion
that nlne-tenths of the people of the
country are utterly ignorant Of them.