The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-05-18
.GtreGHteIE1qenrer:
THE Duty OF THE SENATE.


gress. ofthe press, and of the people
nave, by the persistent reiteration OF
erroneous views of the object for which
Impeachment was provided by the
Constitution, the nature OF the trial,
and the reasons and motives on which
the Senate are to act, succeeded in en-
Yeloping the whole subject in the clouds
oftheir own Ignorance. They insist
npon regarding II as a judicial pro
guilt. Is is not, any more than is a
popular election for President. The
guilt Is merely an incident. The pro.
ceedings is purely political . It's object
is not necessarily to punish guilt, but
to exchange bad officer for a good
one, and thereby to obtain good gov
eminent. That the President is guilty
of crimes and misdemeanors is In
quired into, not iudicially, in order 70
punish him, but politically, in order
to determine whether he is a ht man 10
be President of the United States, or
whether he Is dangerous to the coun-
try.
Let us look at this question fully.
The Constitution vests. "all legislative
powers" in Congress- "the Executive
power" in the President, and the ''Ju-
dicial power" in the Supreme Court
and such inferior Courts as Congress
shall establish" No Judicial power is
vested in Congress, and no power OF
removal from office" Is spoken of as
pertaining to any department except
Congress. Impeachment Is nowhere
spoken OF as a judicial power, but
merely as the mode in which Congress
shall exercise its political power OF re-
moYal from office. Art. IL. Sec
ton 4, says: 1.-THE President,
"Vice- 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 misdemean-
"ors." Alter being so removed, the
Constitution declares that such officers
shall still be liable to Indictment and
trial and punishment "accordlng to
claw" A court can try any criminal
for his life, liberty and property. Con-
gress can try no man as criminal, but
only as an officer, and to Gust his from
office; and the filling and yacatIng of
offices is purely a political, not a judi
ciaI function. A court may indict,
convict, and sentence, but cannot i'm
peach or remove from office. Congress
can impeach and remove from ONCE,
but cannot indict, convict or sentence.
A court may try an Indictment, but
not an impeachment. The Senate may
try an impeachment, but not an in
dlctment. A court. can punish for
crime, but cannot remove from office.
The two Houses of Congress can re-
move from office, but cannot punish
the criminal. Tho determination of
the question whether the President is
guilty or innocent OF the matters
charged, in n sense that If Sustained in
his defense would be a source of dan
ger to the political welfare OF the coun-
try, is the question before the Senate.
Guilt, in the political sense, is an ambi-
ton to rule without law, and in def
ance oflaw. To decide whether he is
guilty of the acts charged in the sense
which would authorize Court
of Special Sessions to send him
to the State Prison, IL the case
were triable before 1t, is not the
duty of the Senate. The blunder OF
Grimes, Fessenden, and Trumbull con-
sists in the fact that they imagine
themselves sitting as criminal judges
in a sort of Tombs Court to decide
whether the liberty or life of an onen;
der shall be forfeited. Mr.. Trumbull
showed his standpoint by declaring
that the case 'wonld not stand In Il
Court of Justice of the Peace" Per
haps not, there. But the United States
Senate Is not a Court of a Justice OF
the Peace. Mr.. Trumbull errs in look
ing at it as a Justice OF the Peace in
stead OF as a Senator OF the United
States. Technical bubbles, nice
sophistries, hair splitting objections,
are safe defenses for a Justice OF the
Peace. But Senator Trumbull will
need to show that he has done his po-
litical duty to the country and to the
people in the vote he casts on the ques-
ton of removing johnson from Office.
Impeachment is provided by the Con-
stitution as a political remedy for polit-
ical evils. That Andrew johnson has
violated every law that stands in his
way, every Senator knows itS Would
not the acls with which he is charged
il acquitted, justify him in annulling
every act OF Congress which has been
passed over his veto, and in proceed.
ing, in armed defiance OF all these
laws, to carry out his individual Will
instead of the law as to Reconstruc
ton, the Revenue, the Army, and the
appointment of all officers? These
powers granted to him, enthrone the
spirit of the rebellion in supreme pow.
er over the Republic. He may destroy
the Southern State Governments, sub
stitute new ones founded on the
rebel vote only, restore the African
race to that slavery which he still
believes to be its normal condition, and
attempt to reconstruct Congress by
measures which would again plunge
the country into the horrors OF civil
war. We tell the Senate that 1t has s
duty of craftsmanship to perform II
connection with impeachment, t
which the pettifogging bubbles o
county court lawyers, and Senators
who are studying what a DOgberry or 1
Bunsby would do, are entirely unequal
Gen. Grant-who is less an alarms
than any other man in the country, bu
who knows the President and his PLAN
as well as any other man-declarei
that the acquittal OF Johnson would
threaten the country, and especially thu
South, with revolution and bloodshed
His opinion on such a question Ii
prophecy. The guilty Intent of John
son consists in his determination to do
as he pleRses, after Congress has enact
ed that he shall do as they please. Thi'
is the only guilty intent which has eve
brought tyrants and despots like hin
into conflict with the people, To TILL
main project of overriding the laws o
Congress and crushing its power, In or
der to place the heel-of the white rae
again on the neck of the negro as thu
basis of reconstruction, his removal o
Stanton and all his other acts are only
accessory. If the Senate so far mistake
their duty as to aid in making the VII
of Johnson supreme over their own leg
islatlon, on the great questions In which
the peace and welfare of countless NIL
lions depend, they will find II but
poor defense before the people, wheL
the whirlwind of riot, revolution, ane
civil war which such a course woule
provoke is upon us, that they acted as
Justices of the Peace wonld have dont
in like circumstances.--H.1 "a dTioI'"e
II. "a