The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-01-17


The law Of impeachments depends upon the
provisions Of the constitution Of the United
States and upon the principles, and practices
Of England so far as the latter do not conflict
with those Of our republic. II may be well to
cite the provisions Of the constitution on this
subject. Section three Of the first article de-
clares that the House Of Representatives shall
have the sole power Of impeachment The same
section declares also that the Senate shall have
the sole power to try all impeachments. When
sitting for that purpose they shall be on oath
or affirmation. When the President Of the
United States is tried the Chief Justice shall
preside, and no person shall be convicted with
out the concurrence Of two-thirds Of the mem
bers present Judgment In cases Of impeach-
ments shall not extend further than to removal
from office and disqualification to hold and
enjoy any Office Of honor, trust or profit under
the United States. But the party convicted
shall nevertheless be liable and subject 10
indictment, trial, judgment ana punishment
according to law. Section four Of The second
article declares that the President, Vice Presi.
dent and all civil officers Of the United States
shall be removed from Office on imp chment
for and conviction Of treason, bribery or other
high crimes and misdsmeanors. Section two
of the third article provides that the trial Of
crimes, except in cases OF impeachment, shall
be by jury. A sketch Of English principles
and practices on the subject Of impca chment is
given in the Manual prepared for the use of the
New York Legislature for the year 1866,
One fact slated in this sketch Is that an
impeachment is not discontinued by tho
dissolution Of Parliament, but may be resumed
by the new Parliament And this may be
quoted as precedent IL II shall appear neces-
sary to impeach President johnson previous 10
the meeting Of the next Congress, on the 4tb Of
March. ..r ~, 80, =. -'-.l
Impcachments In this country, with perhaps
the single exception Of the impeachment OF
Senator Blount, Of Tennessee, have been those
ofjudges: The President however, as well az
the Vice President and all civil oflcers Of the
United States, is constitutionslly liable to i'm
parchment In England. on tho contrary, this
liability reaches no higher than TO tho Ministers
of the Crown, not to the monarch, whose per-
on Is sacred. The precedents, then, which
rule In the case Of British Minister can be
observed, SO far as applicable, in The impcsch-
ment of our chief executive. IA is clear, for
instance, that British Ministers have been i'm
'peached and tried not only for treason and
bribery and other high crimes, but also for
misdcmcsnors; and among the latter have
been counted maladministration OF public
Affairs abuse Of great Offices Of trust, and even
such errors In Judgment as have led to measures
contrary to the will and welfare OF the nation.
Blunders have been condemned as political
crimes, and, In fact, their consequences have
often proved fatal. II The noble Earl of StrsE
ford could be impeacbcd for being suspected
Of Intentions to subvert the fundamental laws
Of the realm, the Duke Of Suffolk for neglect of
duty as an ambassador, and the Earl Of Bristol
for giving counsel against o war with Spain in
disregard Of the wishes, the sense OF honor and
the Interests Of the English people. vhy. n IA