Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1868-03-13
,ouxsoN,s PLAN OF DEFENSE.

course VIII cnaole nun 10 aPPcai W 'no
pcoplc, aud it is supposed will almost
obligc the Democrats to adopt him rs
their candidate. We believe the
try will cheerfully accept such II conclu-
sion Of the matter, and would have been
only too happy had johnson chosen the
alternative Of resignation long ago, II
is o toe late, however, to stop the
course Of the trial. The Court is in
possession of the charges, and u
take cognizance Of them. Conviction
will involve not only guilt, but also DIS
qualification from holding any office un'
der the Government. 1t is therefore
the duty Of the Senate to SO on with the
trial, whether Johnson resigns or not,
and arrive ut a conclusion rs TO what
his crimes deserve. We believe 1t may
legally satisfy itself with removal from
office only, and need not d the pun
ishment Of disqualification: The Con,
sti,ution provides that Judgment snail
not extend further than to removal from
office and disqualification to hold ana
enjoy any office Of honor, trust or proht
under the United States ~ but it does
not say that the judgment shall stop
short of this, and we are quite Wiling
that Johnson should be LETT Tree TO Try
the issue again before the people il nc
pleases. 1t is very doubtful, indeed,
whether the Democracy, Sinbad as it is,
will be willing to shoulder this "old
man of the sea-" If not, we may have
the felicity Of again beholding Andy
" swinging around the circle" on his
own account, as q stump candidate.
The pleas offered in his behalf
are so peurilc that conviction nus
be regarded as q foregone conclusion.
In the first place, he is to ask for time
merely, it is confessed, to cause de-
Law. Then his counsel will object to the
competency Of those members OF the
Court who have expressed opinions in
any way adverse to him. Such an OBJ
lection in this particular case is pecu-
liarly untenable, because 1t would IN
clude every Senator who has declared
the laws which johnson has violated to
be constitutional. That is the main is
sue in the case, for the violation is con-
fessed. Moreover, such q plea in any
case is not fit to be entertained. 1t is
not a criminal Court which tries him,
and there is no rule which gives him the
right Of challenge which obtains in
criminal proceedings. Nor would such
a right be properly claimed for in those
cases in which impeachment would be
most necessary, such as manifest trea-
son, it is obvious that Senators might
have peculiar knowledge Of the facts,
and would be in duty bound to form
opinions, and even to express them. II
is laid down by constitutional authori-
ties that if the Senate, in the exercise
of its peculiar function as an Executive
body, obtains information Of acts SUBJ
i~ecting the President or other official 10
Impeachment, it is its duty to communi-
cate the facts to the House, and ask it
to take notice Of them.
Conscious Of the weakness OF this
plea, johnson, it is said, proposes next
10 object to the Senate itself rs an in
complete Senate, because only twenty
seven States are represented in it. This
is a still weaker invention, which pre-
cedent itself has already overthrown.
Judge Humphreys Of Tennessee was i'm
peached by just such q Senate as this,
when, if we mistake not, Johnson him.
self was a member Of it. His " acts
have fully recognized the Senate as
competent to legislate, and that is the
sort of Senate which the Constitution
contemplates as composing a Court OF
Impeachment. II has always been held
that q quorum Of the Senate answers to
the description given in the Constitu,
ton, when it says that " the Senate y
shall try impeachments, and that two
thirds Of the members present" may
convict. A majority of the Senators
constitutes q quorum, and renders the
Court competent to act. Now, even on
the s~upposition that there are seventy
four Senators in all from the thirty
seven States, ffty-four may be present,
of whom, we believe, fifty-two (forty-
eight at least), have been actually sworn
in, and forty Of these will probably be in
favor of conviction. So that, in no case,
can there be q quorum Of q full Senate
lacking, and this hope, or rather pre-
text, OF JOnuSOu, Will uuiVuhs w uOsu
ing. This failing, he proposes, it is
said, to enter his protest against the
Court, not as an unlawful one, but as
one in which he cannot hope to receive
a fair trial. Then he will resign his
Office. Such q proceeding will look
very much like the culprit's reply to
the Judge when assured that he would
have Justice done him: "Arrah ! yer
Honor, that is just what I'm afeard Of"
So Johnson dare not, according TO his
Democratic sponsors, go to trial upon
the merits of his case, but, after putting
in O few weak and evasive pleas, seeks
to shun removal and disqualification BY
resiguing his office. These reports, it
is true, are mere rumors, and events
NAV not accord with them. But the
curse thus marked out for Johnson is
really the best for him, and, on the
whole, thelmost satisfactory to all con-
cerned. Loyal men have no personal
spite at Johnson or ut JEFF. Davis. They
only desire to be well rid Of them both,
and they desire this so heartily that
they will welcome the quickest way to
effect it as the best way.-Sac. Union,
March llM, 81
A PARCEL OF PRovERBs.-If the cap
fits, wear tout. d
LAlf 11,An nf kha